Commission Regulation (EC) No 2520/98 of 24 November 1998 amending Regulation (EC) No 544/97 as regards certificates of origin for garlic imported from Malaysia

COMMISSION REGULATION (EC) No 2520/98 of 24 November 1998 amending Regulation (EC) No 544/97 as regards certificates of origin for garlic imported from Malaysia
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), as amended by Commission Regulation (EC) No 2520/97 (2), and in particular Article 31(2) thereof,
Whereas Commission Regulation (EEC) No 1859/93 of 12 July 1993 on the application of the system of import licences for garlic imported from third countries (3), as amended by Regulation (EC) No 1662/94 (4), makes the release of all garlic for free circulation in the Community subject to the presentation of import licences;
Whereas, in order to step up controls and to prevent any risk of deflection of trade resulting from inaccurate documents, Commission Regulation (EC) No 544/97 (5) makes imports of garlic originating in certain third countries subject to the presentation of a certificate of origin issued by the competent national authorities in accordance with Articles 56 to 62 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Common Customs Code (6), as last amended by Regulation (EC) No 1677/98 (7), and requires imports of garlic originating in such third countries to be transported directly to the Community;
Whereas the Malaysian authorities have confirmed that no garlic is produced in Malaysia; whereas, however, import licence applications covering garlic declared as originating in Malaysia have been submitted under Regulation (EC) No 1859/93; whereas the number of such applications is rising; whereas Regulation (EC) No 544/97 should be applied to Malaysia forthwith in order to prevent any fraud;
Whereas there is a clear risk of fraud arising from the fact that no garlic is produced in Malaysia; whereas Article 4 of Regulation (EC) No 544/97 should therefore not apply in the case in point;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,