6At the same time SEIM submitted an application to the Oporto customs authorities asking for the case to be submitted to the Commission in accordance with Commission Regulation (EEC) No 1573/80 of 20 June 1980 laying down provisions for the implementation of Article 5(2) of Council Regulation (EEC) No 1697/79 on the post-clearance recovery of import duties or export duties which have not been required of the person liable for payment on goods entered for a customs procedure involving the obligation to pay such duties (OJ 1980 L 161, p. 1) in order for the Commission to rule on the request not to effect post-clearance recovery of the amount demanded. SEIM also asked for operation of the decision in question to be suspended as a provisional measure.
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