31990R3668

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 either supplement or derogate from Commission Regula­ Having regard to the Treaty establishing the European tion (EEC) No 3719/88 of 16 November 1988 laying Economic Community, 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) ;

Whereas, in order to deal with cases where the quantities Having regard to Council Regulation (EEC) No 2727/75 actually unloaded are less than or slighty in excess of the of 29 October 1975 on the common organization of the quantities given in the import licences, measures should market in cereals (3), as last amended by Regulation (EEC) be adopted to ensure that either the missing quantities are No 1 340/90 (4), and in particular Article 12 (2) thereof, 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 (a) they are accompanied by the original of a certificate of ment of such quotas, relating in particular to the submis­ 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.

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 3. The fourth indent of Article 5 (1 ) of Regulation Community by the vessel mentioned in the applica­ 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 paragraph 2, import licences shall be issued on the fifth — Exacción reguladora a percibir : 6 % ad valorem 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 loaded are no more than 2 % in excess of the quantities Article 4 covered by the import licences issued and corresponding to the export licences granted for the vessel concerned, 1 . By way of derogation from Article 12 of Commis­ 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

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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 year following that in which the imports in question took — Συμπληρωματικό πιστοποιητικό. Κανονισμός place. (ΕΟΚ.) αριθ. 3668/90 άρθρο 7 παράγραφος 1 , — 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

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 9 Number and 7 Number and kind of packages ; description of goods. 8 Gross weight or 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)

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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 :