Commission Regulation (EC) No 2311/94 of 26 September 1994 adopting a protective measure applicable to imports of garlic originating in the Union of Myanmar

COMMISSION REGULATION (EC) No 2311/94 of 26 September 1994 adopting a protective measure applicable to imports of garlic originating in the Union of Myanmar
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EC) No 3669/93 (2), and in particular Article 29 (2) thereof,
Whereas Council Regulation (EEC) No 2707/72 (3) lays down the conditions for applying protective measures for fruit and vegetables;
Whereas, pursuant to Commission Regulation (EEC) No 1859/93 (4), as amended by Regulation (EC) No 1662/94 (5), on the application of the system of import licences for garlic imported from third countries, the release of garlic imported from third  countries for free circulation in the Community is subject to the presentation of import licences;
Whereas, by Regulation (EC) No 1213/94 (6), as amended by Regulation (EC) No 1992/94 (7), the Commission adopted a protective measure applicable to imports of garlic from China limiting the quantity for which import licences may be issued up to 31 May  1995 to 10 000 tonnes, with a maximum of 5 000 tonnes before 31 August 1994; whereas it became necessary on 2 June 1994 to suspend the issuing of licences until 31 August 1994 and subsequently to provide, by Regulation (EC) No 1992/94, for a monthly  management system for issuing licences up to 31 May 1995;
Whereas, by Regulation (EC) No 2091/94 (8), the Commission adopted a protective measure with regard to imports of garlic originating in Taiwan and Vietnam, suspending the issuing of import licences for those two countries until 31 May 1995;
Whereas, at present, applications for imports licences are being submitted for garlic declared as originating in the Union of Myanmar despite the fact that no imports of such products have taken place at least since 1980; whereas there are justifiable  doubts as to the origin of those imports and as a consequence an inquiry must be undertaken to establish their origin;
Whereas leaving the present situation unaltered could result in serious disturbance on the Community market, which could jeopardize the objectives of Article 39 of the EC Treaty and those of Regulation (EC) No 1213/94;
Whereas, pending the results of the abovementioned inquiry, the issuing of import licences for garlic originating in the Union of Myanmar should accordingly be suspended for the period strictly necessary to eliminate the abovementioned disturbance;
Whereas, pursuant to Article 3 (3) of Regulation (EEC) No 2707/72, account should be taken of the special position of products currently being shipped to the Community,