CELEX: 31993R2448
Language: en
Date: 1993-09-03 00:00:00
Title: Commission Regulation (EEC) No 2448/93 of 2 September 1993 adopting a protective measure with regard to the import of garlic originating in China

3 . 9 . 93                                Official Journal of the European Communities                            No L 224/ 15
                                       COMMISSION REGULATION (EEC) No 2448/93
                                                        of 2 September 1993
                    adopting a protective measure with regard to the import of garlic originating in
                                                                China
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           HAS ADOPTED THIS REGULATION :
 Having regard to the Treaty establishing the European                                         Article 1
 Economic Community,
                                                                      The issue of import licences for garlic (CN code
 Having regard to Council Regulation (EEC) No 1035/72                 0703 20 00) originating in China, as referred to in Regula­
of 18 may 1972 on the common organization of the                      tion (EEC) No 1859/93, is hereby suspended until
market in fruit and vegetables ('), as last amended by                31 December 1993 .
 Regulation (EEC) No 638 /93 (2), and in particular
Article 29 (2) thereof,
                                                                                               Article 2
Whereas Council Regulation (EEC) No 2707/72 (') lays
down the conditions for applying protective measures for              1 . Article 1 shall not apply to applications for licences
fruit and vegetables ;                                                intended to cover products which are proved, when the
                                                                      application is submitted, to have been in transit to the
                                                                      Community before this Regulation entered into force.
Whereas pursuant to Commission Regulation (EEC)
No 1859/93 (4) the release for free circulation in the                2. Products shall be regarded as in transit to the
Community of garlic imported from third countries is                  Community if :
subject to presentation of an import licence ;
                                                                     — they left China before this Regulation entered into
                                                                          force,
Whereas on 27 August 1993 France and Spain requested                      and
the Commission to take protective action over imports of
garlic originating in China ; whereas on 1 September                 — they are accompanied by a transport document which
 1993 these requests were supplemented by additional                      is valid from the place of loading in China up to the
information ;                                                             place of unloading in the Community and was made
                                                                          out before this Regulation entered into force.
Whereas at present applications for import licences for              3. The parties concerned shall provide proof, to the
garlic originating in China exceed the traditional quantity          satisfaction of the competent authorities, that the condi­
of imports of such products originating in that country ;            tions set out in paragraph 2 have been complied with.
Whereas prices considerably lower than those in the                   However, the competent authorities may regard the
previous marketing year on the markets of the main                   products as having left China before the entry into force
producer countries is a feature of the Community market              of this Regulation if one of the following documents is
for garlic ; whereas the continuation of such imports                submitted :
could lead to serious disturbances in the sector such as to
jeopardize the objectives of Article 39 of the EEC Treaty            — in the case of transport by sea, the bill of loading
and in particular to cause serious injury to Community                    showing that loading took place before that date,
producers ; whereas, on account of these critical circum­            — in the case of transport by rail, the consignment note
stances, protective measures must be urgently taken ;                     accepted by the Chinese railways before that date,
                                                                     — in the case of transport by road, the TIR (international
Whereas for this purpose the issue to import licences                     road transport) carnet issued by the Chinese customs
should be suspended for as long as is strictly necessary to               office before that date,
remove the aforesaid disturbances ;                                  — in the case of transport by air, the air consignment
                                                                          note showing that the airline received the products
                                                                          before that date .
Whereas, pursuant to Article 3 (3) of Regulation (EEC)
No 2707/72, the special position of products in transit to
the Community should be taken into account,
                                                                                               Article 3
O    OJ   No L 118 , 20. 5. 1972, p. 1 .                             This Regulation shall enter into force on the day of its
(2)  OJ  No  L 69, 20. 3 . 1993, p. 7.
(3)  OJ  No  L 291 , 28 . 12. 1972, p. 3 .                           publication in the Official Journal of the European
(4)  OJ  No  L 170 , 13. 7. 1993 , p. 10 .                            Communities.
 ---pagebreak--- No L 224/ 16                    Official Journal of the European Communities                        3 . 9. 93
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 2 September 1993.
                                                                    For the Commission
                                                                      Rene STEICHEN
                                                                Member of the Commission