Commission Regulation (EEC) No 983/89 of 14 April 1989 laying down implementing procedures for the import arrangements applicable to products falling within CN codes 0714 10 91, 0714 10 99, 0714 90 11 and 0714 90 19 originating in third countries which are not contracting parties to the GATT, other than China, during 1989

COMMISSION  REGULATION (EEC) No 983/89
of 14 April 1989
laying down implementing procedures for the import arrangements applicable to products falling within CN codes 0714 10 91, 0714 10 99, 0714 90 11 and 0714 90 19 originating in third countries which are not Contracting Parties to the GATT, other than China, during 1989
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 430/87 of 9 February 1987 concerning the import arrangements applicable to products covered by CN codes 0714 10 10, 0714 10 90 and 0714 90 10 and originating in certain third countries (1), as amended by Regulation (EEC) No 3837/88 (2), and in particular Article 2 thereof,
Having regard to Council Regulation (EEC) No 885/89 of 5 April 1989 on the arrangements applying to imports for 1989 of products falling within CN codes 0714 10 91, 0714 10 99, 0714 90 11 and 0714 90 19 originating in third countries which are not members of the GATT, other than China (3), and in particular Article 2 thereof,
Whereas pursuant to Regulation (EEC) No 885/89 the 6 % ad valorem import levy is for 1989 restricted to 30 000 tonnes of products falling within CN codes 0714 10 99 or 0714 90 19, and to 2 000 tonnes of products falling within CN codes 0714 10 91 or 0714 90 11; whereas implementing procedures should be laid down for these arrangements for 1989;
Whereas, in the case of products originating in Vietnam, release for free circulation should be permitted of quantities actually shipped from that country with the Community as intended destination; whereas to that end the issuing of import licences must be made conditional on submission of an attestation issued by the exporting country; whereas it is necessary, however, to take into consideration the special position of goods that could not be imported under the arrangements in question in 1988 following particularly rapid exhaustion of the quantities available at that time and which were subsequently placed under customs warehousing or free zone procedures pending establishment by the Council of the quota for 1989; whereas in order to prevent deflections of trade adversely affecting satisfactory operation of the 1989 quota, those goods must have been placed under the abovementioned procedures before 1 January 1989;
Whereas, in the light of past experience and given the special situation described above, the lodging of applications for abnormally large quantities should be prevented by setting a maximum quantity per application and stipulating that in no case may applications cover a quantity greater than that held by the applicant; whereas for purposes of monitoring and general administrative efficiency applications for licences for goods placed under the abovementioned procedures must be submitted to the competent authorities of the Member State in which the goods are stored;
Whereas, for the sake of sound management of the import arrangements and to prevent the quantities set for 1989 from being overshot, special provisions should apply for lodging applications and issuing licences; whereas those provisions either supplement or derogate from those of Commission Regulation (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 certificates for agricultural products (4);
Whereas to ensure that the arrangements provided for in this Regulation operate smoothly, operators should be required to lodge a security of a suitable amount; whereas, in order to monitor the actual utilization of the licences more closely, the provisions of Regulation (EEC) No 3719/88 relating to the early submission of proof of release for free circulation should be made applicable;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,