Commission Regulation (EEC) No 3858/89 of 20 December 1989 laying down detailed implementing rules 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 GATT, other than the People' s Republic of China

COMMISSION  REGULATION (EEC) No 3858/89
of 20 December 1989
laying down detailed implementing rules 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 GATT, other than the People's Republic of China
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 last amended by Regulation (EEC) No 3846/89 (2), and in particular Article 2 thereof,
Whereas, pursuant to Regulation (EEC) No 430/87, the maximum import levy for manioc and similar products originating in third countries which are not contracting parties to GATT, other than the People's Republic of China, is 6 % for certain quantities laid down in the case of (a) products used for purposes other than human consumption and (b) products of the types used for human consumption; whereas the detailed implementing rules concerned, as last adopted by Commission Regulation (EEC) No 983/89 (3), should be consolidated and adjusted in the light of the experience gained;
Whereas in particular it is advisable to make sure that the origin of the products is correct by requiring that certain documents issued by the countries concerned be presented in order to obtain an import licence; whereas under arrangements introduced several years ago, one of the requirements, when applying for an import licence for products originating in Vietnam, is that a certificate issued on the initiative of the exporting country should be presented;
Whereas, moreover, it is advisable, in order to discourage operators from applying for abnormally high quantities, to specify that the person applying for an import licence should provide proof of the quantities loaded and consigned to the Community; whereas it is also advisable to provide for a maximum quantity per application, and to specify that the quantity applied for may in no case exceed that for which the proof referred to above has been presented;
Whereas the supplementary detailed rules normally applicable to the management of such quotas should also be set out, in particular those regarding the lodging of applications, the issuing of licences and the monitoring of actual imports; whereas those detailed rules either supplement or derogate from the provisions 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), as amended by Regulation (EEC) No 1903/89 (5), and Commission Regulation (EEC) No 891/89 of 5 April 1989 on special detailed rules for the application of the system of import and export licences for cereals and rice (6), as amended by Regulation (EEC) No 990/89 (7);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,