WORLD TRADE
ORGANIZATIONG/LIC/N/3/EEC/2/Add.15
13 October 1999
(99-4343)
Committee on Import Licensing Original:  English
REPLIES TO 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 system
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
tariff quota is mentioned in reply 5.  As regards the requirements for applicants for import licences see
reply 6.
Purpose and coverage of licensing
2. See reply 1.3. The system applies in the European Community to the products mentioned in reply 1
originating in Bulgaria, Poland, Romania, China and in other third countries.
4. See reply 1.  As referred to in reply 1, the licensing system covers the relevant WTO tariff
quota.  The EC considers the method adopted to be the most appropriate to administer this tariff rate
quota.
5. The relevant legislation for the administration of import licences for the tariff quota
mentioned in reply 1 is:
Commission Regulation (EC) No 2125/95 of 6 Se ptember 1995 (OJ L 212), as last amended
by Commission Regulation (EC) 2493/98 of 18 November 1998 (OJ L 309).
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/2/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 quo ta and the formalities for licence application is
published in the Official Journal of the European Communities (see reply 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.  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 Commission in the
meantime.  If the quantities applied for exceed the quantity available, the Commission allocates theexcess 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 the
time for release for free circulation, of a certificate of origin from China.  As regards imports fromBulgaria, 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 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 reply 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 to the specimen set out at Annex XI to the Community’s general
Article 7.3 notification for 1999 (G /LIC/N/3/EEC/2).  Regarding the information required in
applications, see the application form a nd 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).
11. See reply 6.12. No.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.G/LIC/N/3/EEC/2/Add.15
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Conditions of licensing
14. Import licences are valid nine months 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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