No L 140/12 Official Journal of the European Communities COMMISSION REGULATION (EEC) No 1319/92 of 22 May 1992 establishing a system for the surveillance of imports of fresh sour cherries originating in the Republics of Bosnia-Herzegovina, Croatia and Slovenia and the Yugoslav Republics of Macedonia and Montenegro THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 545/92 of 3 February 1992 concerning the arrangements applicable to the import into the Community of products origi- nating in the Republics of Croatia and Slovenia and the Yugoslav Republics of Bosnia-Herzegovina, Macedonia and Montenegro ('), and in particular Article 10 thereof, Whereas Regulation (EEC) No 545/92 provides for the grant of tariff concessions for fresh sour cherries origi- .nating in the Republics referred to above within the limit of an annual ceiling of 3 000 tonnes ; whereas, pursuant to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (), as last amended by Regula- tion (EEC) No 1039/92 (%), chilled cherries are to be clas- sified under the same tariff heading as fresh cherries; Whereas, in order to ensure that these provisions are properly applied, imports of fresh sour cherries origi- nating in the Republics of Bosnia-Herzegovina, Croatia and Slovenia and the Yugoslav Republics of Macedonia and Montenegro should be subject to a system of import licences ; whereas the special rules governing that system should be laid down Whereas exceptions to certain provisions of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (¥), as last amended by Regulation (EEC) No 2050/91 (%), should be made to avoid exceeding the quantity fixed in Regulation (EEC) No 545/92; Whereas import licences are issued using the most detailed CN code ; whereas the combined nomenclature comprises two codes according to the periods of importa- tion of sour cherries; whereas provision should ac- cordingly be made for the issue of import licences for the () OJ No L 63, 7. 3. 1992, p. 1. () OJ No L 256, 7. 9. 1987, p. 1. () OJ No L 110, 28. 4. 1992, p. 42. () O] No L 331, 2. 12. 1988, p. 1. () OJ No L 187, 13. 7. 1991, p. 10. two CN codes concerned ; whereas, moreover, the period of validity of licences take into account the time for trans- porting the product to the Community; Whereas, in order to ensure the proper operation of this system, provision should be made for weekly notification by the Member States of the quantities relating to unused or partly unused licences, HAS ADOPTED THIS REGULATION : Article 1 1. Imports into the Community of fresh sour cherries falling within CN codes ex 0809 20 10 and ex 0809 20 90 and originating in the Republics of Bosnia-Herzegovina, Croatia and Slovenia and the Yugoslav Republics of Mace- donia and Montenegro shall be subject to the production of an import licence issued by the Member States concerned to any applicant for such a licence irrespective of the place of his establishment in the Community. 2. The issue of an import licence shall be conditional on the lodging of a security guaranteeing that import will take place during the period of validity of the licence. Article 2 1. Regulation (EEC) No 3719/88 shall apply to import licences for fresh sour cherries originating in the Repu- blics referred to in Article 1 subject to the specific provi- sions of this Regulation. Notwithstanding Article 8 (4) of the abovementioned Regulation, the provisions permitting a tolerance for quantities in excess shall not apply. 2. CN codes ex 0809 20 10 and ex 0809 20 90 must be marked in section 16 of applications for licences and of import licences. 3. The security shall be ECU 0,60 per 100 kilograms net. 4. Import licences shall be valid for eight days from the date of actual issue. Except in cases of force majeure, the security shall be forfeit in whole or in part if the transaction is not carried out or is only partially carried out within that period.