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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 185 , 21 . 7 . 1979 , P . 23 .

COMMISSION REGULATION ( EEC ) NO 1636/79

OF 27 JULY 1979

DEROGATING FROM 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 LAST AMENDED BY REGULATION ( EEC ) NO 1525/79 ( 4 ), SUSPENDED THE ISSUE OF IMPORT LICENCES FOR PRESERVED MUSHROOMS ORIGINATING IN THE PEOPLE ' S REPUBLIC OF CHINA ;

WHEREAS , ACCORDING TO THE LATEST INFORMATION RECEIVED , THE QUANTITIES IN RESPECT OF WHICH IMPORT LICENCES HAVE BEEN APPLIED FOR HAVE NOT ATTAINED THE VOLUME WHICH THAT COUNTRY UNDERTOOK TO EXPORT TO THE COMMUNITY ; WHEREAS IT IS THEREFORE APPROPRIATE TO ALLOW ADDITIONAL QUANTITIES TO BE IMPORTED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . APPLICATIONS FOR IMPORT LICENCES IN RESPECT OF PRESERVED MUSHROOMS FALLING WITHIN SUBHEADING 20.02 A OF THE COMMON CUSTOMS TARIFF ORIGINATING IN THE PEOPLE ' S REPUBLIC OF CHINA SHALL BE GRANTED , WITHIN THE LIMITS OF THE QUANTITY STATED IN THE APPLICATION SUBMITTED , WITHIN THE MEANING OF ARTICLE 6 OF REGULATION ( EEC ) NO 193/75 , UNTIL 14 AUGUST 1979 INCLUSIVE AND UP TO 11.5 % OF THE QUANTITY IMPORTED IN 1977 FROM THAT COUNTRY BY ANY INTERESTED PARTY IN THE MEMBER STATE IN WHICH THE IMPORT LICENCE IS APPLIED FOR .

PROOF RELATING TO THE QUANTITIES IMPORTED IN 1977 AS REFERRED TO ABOVE SHALL BE FURNISHED WHEN THE APPLICATION FOR A LICENCE IS SUBMITTED BY PRODUCTION OF THE CUSTOMS DOCUMENTS FOR RELEASE INTO FREE CIRCULATION .

2 . WHERE THE APPLICATIONS FOR LICENCES ARE MADE BY PERSONS WHO DID NOT IMPORT THE PRODUCT IN QUESTION FROM THE PEOPLE ' S REPUBLIC OF CHINA IN 1977 , THESE APPLICATIONS SHALL BE ACCEPTED IN EACH MEMBER STATE WITHIN A LIMIT OF 2 % OF THE TOTAL QUANTITY IN RESPECT OF WHICH IMPORT LICENCES MAY BE ISSUED IN THAT MEMBER STATE PURSUANT TO PARAGRAPH 1 . IN SUCH A CASE , BY WAY OF DEROGATION FROM PARAGRAPH 1 , THE QUANTITIES AWARDED TO THE OPERATORS REFERRED TO IN THAT PARAGRAPH SHALL BE REDUCED PROPORTIONATELY .

3 . THE IMPORT LICENCES APPLIED FOR PURSUANT TO THE FOREGOING PARAGRAPHS SHALL BE ISSUED BY THE MEMBER STATES ON 17 AUGUST 1979 .

ARTICLE 2

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

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

DONE AT BRUSSELS , 27 JULY 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT