CELEX: 31990R3668
Language: en
Date: 1990-12-18 00:00:00
Title: Commission Regulation (EEC) No 3668/90 of 18 December 1990 laying down implementing procedures for the import arrangements applicable to products covered by CN codes 0714 10 91, 0714 10 99, 0714 90 11 and 0714 90 19 originating in the present contracting parties to the GATT other than Thailand

1
No L 356/ 18                              Official Journal of the European Communities                                  19 . 12. 90
                                      COMMISSION REGULATION (EEC) No 3668/90
                                                      of 18 December 1990
                  laying down implementing procedures for the import arrangements applicable
                  to products covered by CN codes 0714 10 91 , 0714 10 99, 0714 90 11 and 0714 90 19
                   originating in the present Contracting Parties to the GATT other than Thailand
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         sion of applications, issue of licences and monitoring of
                                                                    imports, should be applied ; whereas the said procedures
Having regard to the Treaty establishing the European               either supplement or derogate from Commission Regula­
Economic Community,                                                 tion (EEC) No 3719/88 of 16 November 1988 laying
                                                                    down common detailed rules for the application of the
                                                                    system of import and export licences and advance fixing
Having regard to Council Regulation (EEC) No 430/87 of              certificates for agricultural products Q, as last amended by
9 February 1987 concerning the import arrangements                  Regulation (EEC) No 1599/89 (8) and Commission Regu­
applicable to products covered by CN codes 0714 10 and              lation (EEC) No 891 /89 of 5 April 1989 on special
0714 90 originating in certain third countries ('), as last         detailed rules for the application of the system of import
amended by Regulation (EEC) No 3846/89 (2), and in                  and export licences for cereals and rice (9), as last amended
particular Article 2 thereof,                                       by Regulation (EEC) No 2553/90 (10) ;
Having regard to Council Regulation (EEC) No 2727/75                Whereas, in order to deal with cases where the quantities
of 29 October 1975 on the common organization of the                actually unloaded are less than or slighty in excess of the
market in cereals (3), as last amended by Regulation (EEC)          quantities given in the import licences, measures should
No 1 340/90 (4), and in particular Article 12 (2) thereof,          be adopted to ensure that either the missing quantities are
                                                                    carried forward or the excess quantities are put into free
                                                                    circulation if the country in which the products origi­
Whereas Commission Regulation (EEC) No 3856/89 (*),                 nated is able to guarantee that the formalities needed for
as last amended by Regulation (EEC) No 155/90 (6), lays             this purpose can be executed ; whereas Indonesia appears
down detailed rules for implementing the import arrange­            able to meet this condition ;
ments applicable to manioc and similar products origina­
ting in the present Contracting Parties to the GATT other           Whereas the measures provided for in this Regulation are
than Thailand ; whereas, in the light of experience, the            in accordance with the opinion of the Management
said rules should be amended ; whereas a new Regulation             Committee for Cereals,
should be published and Regulation (EEC) No 3856/89
repealed ;
Whereas, in particular, the origin of the products should           HAS ADOPTED THIS REGULATION :
be ensured by providing that the issue of import licences
be subject to the presentation of documents issued by the
countries concerned ;
                                                                                               Article 1
Whereas, for the sake of sound management of the                    The arrangements provided for in Article 1 (2) of Regula­
import arrangements, an application for a licence may not           tion (EEC) No 430/87 shall apply, subject to the provi­
concern a quantity in excess of the quantity entered on             sions of this Regulation, to products covered by CN codes
the document certifying loading and shipment to the                 0714 10 91 , 0714 10 99, 0714 90 1 1 and 0714 90 19 origi­
Community ;                                                         nating in Contracting Parties to the GATT other than
                                                                    Thailand.
Whereas, in agreement with the Indonesian authorities,
the issue of import licences for products originating in
Indonesia is subject to the presentation of specific docu­                                     Article 2
ments of origin and exportation ;
                                                                     1.    Import licence applications shall be admissible if :
Whereas the usual additional procedures for the manage­
ment of such quotas, relating in particular to the submis­          (a) they are accompanied by the original of a certificate of
                                                                         origin drawn up by the competent authorities of the
                                                                         country concerned certifying the origin of the goods ;
(') OJ No  L  43, 13. 2. 1987, p. 9.
 2) OJ No  L  374, 22. 12. 1989, p. 3.
0   OJ No   L 281 , 1 . 11 . 1975, p. 1 .                           0 OJ No L 331 , 2. 12. 1988, p. 1 .
(4) OJ  No  L 134, 28 . 5. 1990, p. 1 .                             (8) OJ No L 151 , 15. 6. 1990, p. 29.
(*) OJ  No  L 374, 22. 12. 1989, p. 27.                             0 OJ No L 94, 7. 4. 1989, p. 13.
(*) OJ  No  L 18, 23. 1 . 1990, p. 28.                              (10) OJ No L 241 , 4. 9. 1990, p. 6.
 ---pagebreak---  19 . 12. 90                             Official Journal of the European Communities                             No L 356/ 19
(b) they are accompanied by proof, in the fom of a copy            than the quantity in respect of which it was applied for,
      of the bill of loading, that the goods have been loaded      the security corresponding to the difference shall be
      in the third country which issued the licence referred       released.
      to in point (a) and are being transported to the
      Community by the vessel mentioned in the applica­            3. The fourth indent of Article 5 (1 ) of Regulation
      tion, and, where the third country does not have direct      (EEC) No 3719/88 shall not apply.
      access to the sea, an international transport document
      certifying transport of the product from the country of                                Article 5
      origin to the port of shipping is also provided ;
                                                                   1 . Licence applications shall be lodged with the
(c) they relate to a quantity which does not exceed the            competent authorities of the Member States on Mondays
      quantity in respect of which the proof of origin and         up to 1 p.m. or, if Monday is not a working day, on the
      proof of transport are provided.                             first working day thereafter.
2. For products originating in Indonesia, import                   However, the first day each year for lodging applications
licence applications shall be admissible if :                      shall be the first working day in January.
(a) they are accompanied by the original of a certificate of       2. The Member States shall notify to the Commission
      origin drawn up by the Indonesian authorities in             by telex not later than 5 p.m. on the day following the
      accordance with the specimen in Annex I ;
                                                                   day on which the applications are lodged the following
(b) they are accompanied by an export licence issued by            particulars in respect of each application :
      the said authorities, duly completed, in accordance          — country of origin of the product,
      with the specimen in Annex II ;
                                                                   — the quantity for which the import licence is applied
(c) they are accompanied by proof of loading and trans­                 for,
      port, as referred to in paragraph 1 (b) ;                    — the name of the applicant,
(d) they relate to a quantity which does not exceed the            — the number of the certificate of origin presented and
      quantity indicated in the documents referred to in                the total quantity entered in the original document or
      points (a), (b) and (c).                                          an extract of the said certificate,
                                                                   — the name of the vessel entered in section 20,
                            Article 3                              — for products originating in Indonesia, the number of
                                                                        the Indonesian export licence, entered in the upper­
Licence applications and licences shall indicate :                      most section of the licence.
1 . in section 8 the third country in which the product
                                                                   3. The Commission shall determine and notify to
     concerned originated,
                                                                   Member States by telex not later than the Friday follo­
     importation from the country indicated in the licence         wing the day on which applications are lodged the extent
     shall be obligatory ;                                         to which licence applications are to be approved.
2. In section 24, one of the following entries :                   4. For applications transmitted in accordance with
     —   Exacción reguladora a percibir : 6 % ad valorem           paragraph 2, import licences shall be issued on the fifth
                                                                   working day following that on which the application is
     —   Importafgift : 6 % af værdien                             lodged.
     —   Zu erhebende Abschöpfung : 6 % des Zollwerts
     —   Εισφορά προς είσπραξη : 6 % κατ' αξια                                               Article 6
     — Amount to be levied : 6 % ad valorem
                                                                   Subject to the provisions of Article 7 (1 ) and by way of
     — Prélèvement à percevoir : 6 % ad valorem                    derogation from Article 8 (4) of Regulation (EEC) No
     — Prelievo da riscuotere : 6 % ad valorem
                                                                   3719/88, the quantity released into free circulation may
     — Toe te passen heffing : 6 % ad valorem                      not exceed the quantity indicated in sections 17 and 18 of
     — Direito nivelador a cobrar : 6 % ad valorem.                the import licence ; to that end the figure 0 shall be
                                                                   entered in section 19 of the licence.
3. in Section 20, the name of the vessel in which the
     goods are being or have been shipped to the Commu­                                      Article 7
     nity, and the number of the certificate of origin
     submitted.                                                    1 . In the case of products originating in Indonesia,
                                                                   once it has been verified that the quantities actually un­
                            Article 4                              loaded are no more than 2 % in excess of the quantities
                                                                   covered by the import licences issued and corresponding
1 . By way of derogation from Article 12 of Commis­                to the export licences granted for the vessel concerned,
sion Regulation (EEC) No 891 /89, the security against             the competent authorities in the Member State where
import licences shall be ECU 20 per tonne.                         release for free circulation is to take place shall, at the
                                                                   request of the importer, authorize the release for free
2. If, by virtue of the application of Article 5 (3), the          circulation of the excess quantities provided that the
quantity in respect of which the licence is issued is less         importer pays a levy of 6 % ad valorem and lodges secu­
 ---pagebreak---                            i I
No L 356/20                          Official Journal of the European Communities                                  19. 12. 90
rity for an amount equal to the difference between the           3. If, during the formalities of release for free circula­
full levy and that paid.                                         tion, it is found that the quantities actually imported from
                                                                 and originating in Indonesia are less than those indicated
The security shall be released on presentation of a supple­      in sections 17 and 18 of the import licence, the customs
mentary import licence, which shall be issued on presen­         offices shall certify the missing quantities on the backs of
tation of one or more supplementary export licences and          the import licences.
one or more supplementary certificates of origin issued by
the Indonesian authorities for the quantities in question.       4. By the end of the first half of the following year at
Section 20 of the supplementary import licence shall             the latest the Member States shall present to the Commis­
contain one of the following entries :                           sion a complete list of quantities not imported including
                                                                 the numbers of the relevant licences and names of the
— Certificado complementario. Apartado 1 del articulo 7          vessels concerned.
    del Reglamento (CEE) n° 3668/90,
— Supplerende licens. Forordning (EØF) nr. 3668/90,              5.    The Commission shall determine the total volume
    artikel 7, stk. 1 ,                                          of the quantities found missing on importation effected
— Zusätzliche Lizenz — Artikel 7 Absatz 1 der Verord­            under cover of valid import licences and, where necessary,
    nung (EWG) Nr. 3668/90,                                      shall carry such quantities forward to the quota for the
— Συμπληρωματικό πιστοποιητικό. Κανονισμός                       year following that in which the imports in question took
    (ΕΟΚ.) αριθ. 3668/90 άρθρο 7 παράγραφος 1 ,                  place.
— Licence for additional quantity. Article 7 (1 ) of Regu­                                  Article 8
    lation (EEC) No 3668/90,
— Certificat complémentaire. Règlement (CEE) n0                  Licences issued pursuant to this Regulation shall be valid
    3668/90, article 7 paragraphe 1 ,                            throughout the Community for 60 days from the date of
                                                                 actual issue.
— Titolo complementare. Regolamento (CEE) n.
    3668/90, articolo 7, paragrafo 1 ,                           However, such validity may not extend beyond 31
— Aanvullend certificaat — artikel 7, lid 1 , van Verorde­       December of the year of issue.
    ning (EEG) nr. 3668/90,
— Certificado complementar. N? 1 do artigo 7°. do Regu­                                     Article 9
    lamento (CEE) n? 3668/90.
                                                                 Article 33 (5) of Regulation (EEC) No 3719/88 shall
The guarantee shall be forfeit in respect of quantities for      apply.
which a supplementary import licence is not presented                                      Article 10
within four months, except in the case of force majeure,
from the date on which the declaration of release for free       Regulation (EEC) No 3856/89 is repealed.
circulation referred to in the first subparagraph is
accepted.                                                                                  Article 11
2. Applications of paragraph 1 may not result in                 This Regulation shall enter into force on the day of its
importation of quantities of products exceeding the              publication in the Official Journal of the European
overall quota authorized for the year.                            Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 18 December 1990.
                                                                            For the Commission
                                                                              Ray MAC SHARRY
                                                                       Member of the Commission
 ---pagebreak---  ANEXO I — BILAG I — ANHANG I — ΠΑΡΑΡΤΗΜΑ / — ANNEX I — ANNEXE I — ALLEGATO I — BIJLAGE I — ANEXO I
                                                            ORIGINAL
  1 Goods consigned from (Export's business name, address, country)
                                                                                               REPUBLIC OF INDONESIA
 2 Goods consigned to ( Consignee's name, address, country)                                     DEPARTMENT OF TRADE
                                                                                                CERTIFICATE OF ORIGIN
                                                                                                   FORM B
                                                                             Reference No . :
 3 Means of transport and route (as far as known)                            4  For official use
     Shipped by :
     From :
     To :
     Date of shipment :
 5 Item      6 Marks and           7 Number and kind of packages ; description of goods.         8 Gross weight or 9 Number and
    num­       number of                                                                           other quantity     date of invoices
    ber        packages
10 Certification
    It is hereby certified, on the basis control carried out, that goods stated above were produced in Indonesia
11 Competent authority ( name, full address)
 ---pagebreak--- i ---pagebreak--- ANEXOII — BILAGII — ANHANG II — HAPAPTHMA II — ANNEX II — ANNEXE II — ALLEGATO II — BIJLAGE II —
                                                    ANEXO II
     SERIAL EC-A No
                                                                          ORIGINAL
                                DEPARTMENT OF TRADE
                        OF THE REPUBLIC OF INDONESIA
                                             EXPORT CERTIFICATE
                              EXPORT CERTIFICATE No
                                                             I
                              EXPORT PERMIT No
                                                             I
 1 . EXPORTER ( NAME, ADDRESS AND COUNTRY)               2. FIRST CONSIGNEE ( NAME, ADDRESS AND COUNTRY)
 NAME                                                    NAME
  ADDRESS                                                ADDRESS
COUNTRY                                                  COUNTRY
 3 . SHIPPED PER                                         5. COUNTRY/COUNTRIES OF DESTINATION IN EEC
4. EXPECTED TIME OF ARRIVAL
6. TYPE OF MANIOC PRODUCTS            7. WEIGHT (TONNES)                     8. PACKING
                                                SHIPPED WEIGHT
 CN-0714 1091                                                                      IN BULK
CN-0714 10 99
                                                                                                       ... BAGS
CN-0714 90 11
                                                                                   OTHERS
CN-0714 90 19
                                                                                DEPARTMENT OF TRADE
                                                                          OF THE REPUBLIC OF INDONESIA
                                                            DATE
                                                                   NAME AND SIGNATURE OF AUTHORIZED OFFICIAL AND STAMP
                      THIS CERTIFICATE IS VALID FOR 120 DAYS FROM THE DATE OF ISSUE
                                         FOR USE OF EEC AUTHORITIES :