31993R2448

3 . 9 . 93 Official Journal of the European Communities No L 224/ 15

COMMISSION REGULATION ( EEC) No 2448/93 of 2 September 1993 adopting a protective measure with regard to the import of garlic originating in China

THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Article 1 Economic Community, The issue of import licences for garlic (CN code Having regard to Council Regulation (EEC) No 1035/72 0703 20 00) originating in China, as referred to in Regula­ of 18 may 1972 on the common organization of the tion (EEC) No 1859/93, is hereby suspended until market in fruit and vegetables ('), as last amended by 31 December 1993 . Regulation (EEC) No 638 /93 (2), and in particular Article 29 (2) thereof, Article 2 Whereas Council Regulation (EEC) No 2707/72 (') lays 1 . Article 1 shall not apply to applications for licences down the conditions for applying protective measures for intended to cover products which are proved, when the fruit and vegetables ; application is submitted, to have been in transit to the Community before this Regulation entered into force. Whereas pursuant to Commission Regulation (EEC) No 1859/93 (4) the release for free circulation in the 2. Products shall be regarded as in transit to the Community of garlic imported from third countries is Community if : subject to presentation of an import licence ; — they left China before this Regulation entered into force, Whereas on 27 August 1993 France and Spain requested and the Commission to take protective action over imports of garlic originating in China ; whereas on 1 September — they are accompanied by a transport document which 1993 these requests were supplemented by additional is valid from the place of loading in China up to the information ; place of unloading in the Community and was made out before this Regulation entered into force.

Whereas at present applications for import licences for 3. The parties concerned shall provide proof, to the garlic originating in China exceed the traditional quantity satisfaction of the competent authorities, that the condi­ of imports of such products originating in that country ; tions set out in paragraph 2 have been complied with.

Whereas prices considerably lower than those in the However, the competent authorities may regard the previous marketing year on the markets of the main products as having left China before the entry into force producer countries is a feature of the Community market of this Regulation if one of the following documents is submitted : for garlic ; whereas the continuation of such imports could lead to serious disturbances in the sector such as to — in the case of transport by sea, the bill of loading jeopardize the objectives of Article 39 of the EEC Treaty showing that loading took place before that date, and in particular to cause serious injury to Community producers ; whereas, on account of these critical circum­ — in the case of transport by rail, the consignment note stances, protective measures must be urgently taken ; accepted by the Chinese railways before that date, — in the case of transport by road, the TIR (international Whereas for this purpose the issue to import licences road transport) carnet issued by the Chinese customs should be suspended for as long as is strictly necessary to office before that date, remove the aforesaid disturbances ; — in the case of transport by air, the air consignment note showing that the airline received the products before that date . Whereas, pursuant to Article 3 (3) of Regulation (EEC) No 2707/72, the special position of products in transit to the Community should be taken into account, Article 3

O OJ No L 118 , 20. 5. 1972, p. 1 . This Regulation shall enter into force on the day of its (2) OJ No L 69, 20. 3 . 1993, p. 7. (3) OJ No L 291 , 28 . 12. 1972, p. 3 . publication in the Official Journal of the European (4) OJ No L 170 , 13. 7. 1993 , p. 10 . Communities.

No L 224/ 16 Official Journal of the European Communities 3 . 9. 93

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 2 September 1993.

For the Commission Rene STEICHEN Member of the Commission