No L 84/8 Official Journal of the European Communities 26. 3. 97 COMMISSION REGULATION (EC) No 544/97 of 25 March 1997 introducing certificates of origin for garlic imported from certain third countries THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organization of the market in fruit and vegetables ('), and in particular Article 31(2) thereof, Whereas Commission Regulation (EEC) No 1859/93 of 12 July 1993 on the application of the system of import licences for garlic imported from third countries (3), as amended by Regulation (EC) No 1662/94 (¥), makes the release of garlic for free circulation in the Community subject to the presentation of an import licence; Whereas, in recent years, particularly as a result of the introduction of a safeguard clause on the import of garlic originating in China, massive or sudden increases have been recorded in imports of this product from certain third countries that are not traditionally exporters to the Community; Whereas, based on these observations and the information received by the Commission, there are well-founded grounds for doubting the true origin of the garlic imported from these countries; whereas, on this basis, the competent Commission staff have alerted the appropriate offices in the Member States; whereas, however, imports whose true origin remains doubtful have continued at a high rate; Whereas, to improve controls and prevent any risk of a deflection of trade based on incorrect documents, imports of garlic from these countries should be made subject to the presentation of a certificate of origin issued by the competent national authorities, in accordance with Articles 56 to 62 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (), as last amended by Regulation (EC) No 89/97 (), whereas, for the same reason, direct transport of garlic originating in these third countries to the Community must be imposed; Whereas introduction of this certificate scheme will require administrative cooperation between the Com- munity and the third countries involved, in accordance ] No L 297, 21. 11. 1996, p. 1. ] No L 170, 13. 7. 1993, p. 10. J No L 176, 9. 7. 1994, p. 1. J No L 253, 11. 10. 1993, p. 1. J % O] No L 17, 21. 1. 1997, p. 28. with Articles 63 to 65 of Regulation (EEC) No 2454/93, with a view to providing the Commission with informa- tion on the competent authorities for issuing certificates of origin in each of the third countries; whereas, once this information is sent by each of the countries concerned to the Commission, it will be published in the ‘C series of the Official Journal of the European Communities, whereas, upon publication of this information, this Regu- lation will apply to each of the third countries concerned; whereas a maximum limit of three months should however be laid down for sending the Commission the necessary information; whereas this Regulation shall apply to all of the countries concerned once this deadline has passed, irrespective of whether they have sent the in- formation to the Commission or not; Whereas application of this Regulation should be specif- ically waived in the case of goods already on their way to the Community; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables, HAS ADOPTED THIS REGULATION: Article 1 The release for free circulation in the Community of garlic from the third countries listed in the Annex hereto shall be conditional on: (a) the presentation of a certificate of origin issued by the competent national authorities of these countries in accordance with Articles 55 to 65 of Regulation (EEC) No 2454/93; and (b) the product being transported direct from these coun- tries into the Community. Article 2 1.  The following shall be considered as transported direct to the Community from the third countries listed in the Annex: (a) products transported without passing through the territory of any other country; (b) products transported through countries other than the country of origin, with or without transhipment or temporary warehousing in those countries, provided that passage through those countries is justified for geographical reasons or exclusively on account of transport requirements, and that the products: