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( 1 ) OJ NO L 73 , 21 . 3 . 1977 , P . 1 .

( 2 ) OJ NO L 144 , 31 . 5 . 1978 , P . 1 .

( 3 ) OJ NO L 139 , 26 . 5 . 1978 , P . 26 .

( 4 ) OJ NO L 158 , 16 . 6 . 1978 , P . 16 .

COMMISSION REGULATION ( EEC ) NO 951/79

OF 15 MAY 1979

AMENDING FOR THE SECOND TIME REGULATION ( EEC ) NO 1102/78 ADOPTING PROTECTIVE MEASURES APPLICABLE TO IMPORTS OF PRESERVED MUSHROOMS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 516/77 OF 14 MARCH 1977 ON THE COMMON ORGANIZATION OF THE MARKET IN PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ( 1 ), AS AMENDED BY REGULATION ( EEC ) NO 1152/78 ( 2 ), AND IN PARTICULAR ARTICLE 14 ( 2 ) THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 1102/78 OF 25 MAY 1978 ( 3 ), AS AMENDED BY REGULATION ( EEC ) NO 1307/78 ( 4 ), SUSPENDED THE ISSUE OF IMPORT LICENCES FOR PRESERVED CULTIVATED MUSHROOMS ; WHEREAS , HOWEVER , THIS SUSPENSION DOES NOT APPLY TO PRODUCTS ORIGINATING FROM COUNTRIES WHICH ARE ABLE TO ENSURE THAT THEIR EXPORTS TO THE COMMUNITY DO NOT EXCEED A CERTAIN QUANTITY ;

WHEREAS , IN ORDER TO AVOID ANY RISK OF TRADE DEFLECTIONS IN CONNECTION WITH THE PRODUCTS EXPORTED BY THESE COUNTRIES , IT IS NECESSARY TO REQUIRE THAT THE APPLICATION FOR THE IMPORT LICENCE BE ACCOMPANIED BY A COPY OF THE BILL OF LADING OR EQUIVALENT TRANSPORT DOCUMENT OF THE GOODS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE TEXT OF ARTICLE 2 OF REGULATION ( EEC ) NO 1102/78 IS HEREBY AMENDED AS FOLLOWS :

' 1 . THE PROVISIONS OF ARTICLE 1 ( 1 ) SHALL NOT APPLY TO IMPORT LICENCES FOR PRESERVED CULTIVATED MUSHROOMS ORIGINATING FROM NON-MEMBER COUNTRIES WHICH THE COMMISSION ACCEPTS AS BEING ABLE TO ENSURE THAT THEIR EXPORTS TO THE COMMUNITY DO NOT EXCEED A CERTAIN QUANTITY APPROVED BY THE COMMISSION .

2 . WHERE AN IMPORT LICENCE IS APPLIED FOR IN RESPECT OF PRESERVED CULTIVATED MUSHROOMS ORIGINATING FROM A COUNTRY BENEFITING FROM THE APPLICATION OF PARAGRAPH 1 , THE LICENCE APPLICATION AND THE LICENCE SHALL BEAR IN SECTION 14 AN INDICATION OF THE COUNTRY OF ORIGIN . THE LICENCE SHALL REQUIRE THAT IMPORTS BE MADE FROM THE COUNTRY SO INDICATED .

THE LICENCE APPLICATION SHALL NOT BE VALID UNLESS IT IS ACCOMPANIED BY A COPY OF THE BILL OF LADING OR EQUIVALENT TRANSPORT DOCUMENT DRAWN UP IN THE COUNTRY OF ORIGIN , WHICH IS ALSO SHOWN IN THE LICENCE APPLICATION AND WHICH SHALL INDICATE AS FIRST CONSIGNEE THE APPLICANT FOR THE LICENCE . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY TO ANY LICENCE APPLICATION SUBMITTED AS FROM JUNE 1979 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 15 MAY 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT