WORLD TRADE
ORGANIZATIONG/LIC/N/3/EEC/3/Add.15
14 December 2000
(00-5441)
Committee on Import Licensing Original:  English
REPLIES TO THE QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES1
Notification under Article 7.3 of the Agreement on Import Licensing Procedures
EUROPEAN COMMUNITIES
Addendum
Import Licensing Procedures for WTO Tariff Quotas for
Preserved Mushrooms
Outline of systems
1. The object of the import licensing system is to ensure a sound administration of the EC’s
WTO tariff rate quota for 61,260 tonnes of preserved mushrooms of tariff headings 2003 10 20, 2003
10 30 and 0711 90 40.  The relevant legislation related to the import licensing system for this tariffquota is mentioned in the reply to question 5.  As regards the requirements for applicants for import
licences see reply to question 6.
Purpose and coverage of licensing
2. See answer to question 1.
3. The system applies in the European Community to the products mentioned in answer to
question 1 originating in third countries.
4. See answer to question 1. As referred to in the answer to question 1, the licensing system
covers the relevant WTO tariff quota.  The EC considers the method adopted to be the mostappropriate to administer this tariff rate quota.
5. The relevant legislation for the administration of import licences for the tariff quota
mentioned in the answer to question 1 is:
Commission Regulation (EC) No 2125/95 of 6 September 1995 (OJ L 212), as amended by
Commission Regulation (EC) 2493/98 of 18 No vember 1998 (OJ L 309) and last amended by
Commission Regulation 2266/99 of 27 October 1999 (OJ L 277).
The licensing is statutorily required.  The legislation does not leave designation of products to
be subjected to licensing to administrative discretion.  The system cannot be abolished without
legislative approval.
                                                     
1 See G/LIC/3, Annex, for the Questionnaire.G/LIC/N/3/EEC/3/Add.15
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Procedures
6. Answer to questions 6.I to VIII and to 6.X and 6.XI.  Question 6.IX is not relevant.
The information related to the allocation of the quota and the formalities for licence
application is published in the Official Journal of the European Communities (see answer to
question 5).  There is no derogation from the licensing requirement.
The tariff quota is an annual tariff quota.The tariff quota, namely the quantity allocated to China on the one hand, and the quantity
allocated to other countries on the other hand is allocated as follows: 95% to traditional importers and5% to newcomers.  However, this condition does not apply for quantities allocated to Bulgaria,
Romania and Poland. Applications for import licences must be submitted to the competent authorities
in the Member States.  The competent authorities in the Member States have to inform the
Commission of applications submitted.  Import licences are issued on the fifth working day following
that on which applications are lodged provided that no special measures are taken by the Commissionin the meantime.  If the quantities applied for ex ceed the quantity available, the Commission allocates
the excess from the reserve of the tariff quota.   If after allocation of the reserve, the quantities applied
for exceed the quantity available, the Commission sets a flat-rate percentage reduction for the
applications in question and suspends the issue of licences in respect of subsequent applications.  As
regards imports from China, entitlement under the tariff quota is conditional on the presentation, at thetime for release for free circulation, of a certificate of origin from China.  As regards imports from
Bulgaria, Poland and Romania, entitlement under the tariff quota is conditional on the presentation, at
the time for release for free circulation, of an EU R 1 certificate. Imports are only known to the
competent authorities in the Member States to  which the import licence applications have been
submitted, to the exporting country and to the Commission.
7. Question 7 related to no quantitative limits is not relevant in the present case.8. The application for an import licence can only be refused if the relevant criteria are not
fulfilled.  Applicants can appeal to courts in the Me mber States according to the legislation in force in
the respective Member States.
Eligibility of importers to apply for licence
9. See answer to question 6.  Applicant must be entered in a VAT register and there is no
registration fee.
Documentational and other requirements for application for licence
10. The application for an import licence has to be  submitted to the competent authorities in the
Member States conforming the specimen included in the EC Regulations set out in answer to question
10 of the main notification for 2000.  Regarding the information required in applications, see theapplication form and Commission Regulation (EC) No 2125/95 of 6 September 1995 (published in OJ
L 212 page 16), as last amended by Commission Regulation (EC) 2493/98 of 18 November 1998
(published in OJ L 309, page 38) and Commission Regulation (EC) 2266/99 of 27 October 1999.
11. See answer to question 6.12. No.G/LIC/N/3/EEC/3/Add.15
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13. The issuance of import licence is subject to a security in order to guarantee that the
undertaking to import will be fulfilled during the period of validity of the licence.  The security is
released when the obligation to import has been fulfilled.
Conditions of licensing
14. Import licences are valid nine months (but not beyond 31 December) and the period of
validity cannot be extended.
15. In case of non-utilisation of an import licence, the security is not released.  In the case of
partial use of the import licence, the security is partially released.
16. Import licences are not transferable.
17. No.Other procedural requirements
18. No.19. Not relevant.
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