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            COMMISSION REGULATION (EC) No 1864/2004

of 26 October 2004         

opening and providing for the administration of tariff quotas for preserved mushrooms imported from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first paragraph of Article 41 thereof,

Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organization of the markets in processed fruit and vegetable products (1), and in particular Article 15(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Opening of tariff quotas and applicable duties

1.   A system of tariff quotas is opened in relation to imports into the Community of preserved mushrooms of the genus Agaricus classifiable within CN codes 0711 51 00, 2003 10 20 and 2003 10 30 (hereinafter referred to as preserved mushrooms), subject to the conditions laid down in this Regulation. The volume of each of the tariff quotas, and the period for which they apply, are specified in Annex I.

2.   The rate of duty applicable shall be 12 % ad valorem in the case of products falling within CN code 0711 51 00 (Order No 09.4062) and 23 % in the case of products falling within CN codes 2003 10 20 and 2003 10 30 (Order No 09.4063).

However, a single rate of 8,4 % shall apply in the case of products originating in Romania (Order No 09.4726), and no duty shall apply in the case of products originating in Bulgaria (Order No 09.4725).

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

Article 3

Categories of importers

1.                     ‘Traditional importers’ shall mean importers who can prove that:

2.   ‘New importers’ shall mean importers other than those referred to in paragraph 1, whether natural or legal persons, individuals or groups, that have imported into the Community and/or exported outside the Community at least 50 tonnes of processed fruit and vegetable products, as referred to in Article 1(2) of Regulation (EC) No 2201/96, in each of the two previous calendar years. Compliance with this condition shall be certified by registration in a trade register held by the Member State or by any other proof accepted by the Member State and by proof of import and/or export.

Article 4

Presentation of import licences

All imports into the Community under the tariff quotas referred to in Article 1 shall be subject to the presentation of an import licence, hereinafter referred to as ‘licence’, issued in accordance with this Regulation.

Article 5

Licence applications and licences

1.   Regulation (EC) No 1291/2000 shall apply to licences, except otherwise provided for by this Regulation.

2.   Licences shall be valid for a period of nine months from their effective date of issue within the meaning of Article 23(2) of Regulation (EC) No 1291/2000, but shall not be valid after 31 December of the year concerned.

3.   The amount of the security referred to in Article 15(2) of Regulation (EC) No 1291/2000 shall be EUR 40 per tonne (drained net weight).

4.   The country of origin shall be entered in box 8 of the licence application and the licence, and the word ‘yes’ shall be marked with a cross. The licence shall be valid only for imports originating in the country indicated.

5.   Licences shall show in box 24 one of the entries listed in Annex II.

6.   By way of derogation from Article 9(1) of Regulation (EC) No 1291/2000, the rights arising from import licences shall not be transferable.

7.   Article 35(6) of Regulation (EC) No 1291/2000 shall apply.

8.   By way of derogation from Article 8(4) of Regulation (EC) No 1291/2000, the quantity released into free circulation may not exceed that indicated in sections 17 and 18 of the import licence. The figure ‘0’ shall be entered to that effect in section 19 of the licence.

Article 6

Allocation of total quantities among traditional and new importers

1.   The total quantity allocated to China and other countries, pursuant to Annex I, shall be distributed as follows:

2.   For imports originating in China and other countries, if in the second six-month period from the start of the calendar year the quantity allocated is not fully exhausted by one category of importers, the remainder shall be allocated to the other category.

3.   The total quantity allocated to Bulgaria and the total quantity allocated to Romania, pursuant to Annex I, shall be distributed without distinction between traditional and new importers.

4.   For imports originating in China and other countries, box 20 of licence applications shall indicate ‘traditional importer’ or ‘new importer’ as appropriate.

Article 7

Restrictions applicable to applications presented by different importers

1.   The total amount (drained net weight) of the licence applications to import into the Community preserved mushrooms originating in China and/or other countries submitted by a traditional importer may not relate, in the first or second six-month period from the start of the calendar year, to a quantity exceeding 75 % of the reference quantity.

2.   The total amount (drained net weight) of the licence applications to import into the Community preserved mushrooms originating in China and/or other countries submitted by a new importer may not relate, in the first or second six-month period from the start of the calendar year, to a quantity exceeding 1 % of the sum of tariff quotas allocated to China and other countries, pursuant to Annex I of this Regulation.

Article 8

Lodging of licence applications by importers

1.   Licence applications may be lodged only by importers.

Application for licences shall be lodged only with the competent authorities of the Member State in which the applicant is registered.

To support their licence applications, importers, and in particular traditional importers, shall provide the necessary information so as to enable the competent authorities of the Member States concerned to verify to their satisfaction the fulfilment of and compliance with the conditions set out in Article 3.

When new importers have obtained licences pursuant to Regulation (EC) No 2125/95 or this Regulation in the previous calendar year, they shall also produce proof that at least 50 % of the quantity allocated to them has actually been released into free circulation in the Community.

2.   Importers shall submit their applications for licences during the first five working days of January and/or during the first five working days of July.

3.   Importers shall attach to their applications for licences a declaration stating that they acknowledge and conform to the provisions laid down in Article 7.

Declarations shall be signed by the importer, who shall certify their accuracy by doing so.

Article 9

Notifications of licences applications

Member States shall notify the Commission of the quantities for which licence applications have been lodged:

Notifications shall be broken down by product, according to the combined nomenclature, and origin. For imports originating in China and/or other countries, notifications shall also give separate figures for the quantities of each product applied for by traditional and new importers, respectively.

Notifications shall be effected by electronic means and shall follow the model communicated for that purpose by the Commission to the Member States.

Article 10

Issuing of licences

1.   Licences shall be issued by the competent authorities of the Member States on the seventh working day following the notification provided for in Article 9, subject to paragraph 2.

2.   If in January and/or July, it is found that the quantities applied for exceed the quantity available, the Commission shall decide, by means of a Regulation, to set a flat-rate percentage reduction to be applied to the licence applications in question and, if necessary, suspend the issue of licences in respect of subsequent applications.

In that case, licences shall be issued by the competent authorities of the Member States on the third working day following the entry in force of the Regulation referred to in the first subparagraph.

Article 11

Withdrawal of licence applications

Where pursuant to Article 10(2), the quantity for which a licence is issued is less than the quantity for which the licence application has been lodged, the importer concerned may request the competent authorities to withdraw the licence application within three working days following the entry in force of the Regulation adopted pursuant to Article 10(2). In the event of such a withdrawal, the whole amount of the security shall be released immediately.

Article 12

Information on the extent of utilisation of quotas

The Commission shall keep the Member States regularly informed, at the appropriate time and manner, of the extent of utilization of the quotas.

Article 13

Notification of unused licences

Member States shall notify the Commission of the quantities for which licences have been issued by their competent authorities but not used by importers, as soon as the information is available to them. The quantities for which licences have been issued shall take account of withdrawals of licence applications pursuant to Article 11.

Notifications referred to in the first paragraph shall be effected by electronic means and shall follow the model communicated for that purpose by the Commission to the Member States.

Article 14

Applicable international commitments

1.   Preserved mushrooms originating in Bulgaria and Romania shall be released for free circulation into the Community in accordance with the Protocols adjusting the respective trade aspects of the Europe Agreement with Bulgaria and Romania.

2.   The entry and release into free circulation in the Community of preserved mushrooms originating in China shall be subject to Articles 55 to 65 of Commission Regulation (EEC) No 2454/93 (9).

3.   The authorities competent to issue the certificate of origin for preserved mushrooms originating in China are listed in Annex III.

Article 15

Modification of licences

1.   The holder of a licence may apply to have the CN code for which the licence was issued changed, provided that:

2.   In the cases referred to in paragraph 1, the competent authorities that issued the original licence shall keep it and any extract and shall issue a replacement licence and, where appropriate, one or more extracts from the replacement licence.

3.   The replacement licence and, where appropriate, the extracts shall:

4.   Member States shall immediately inform the Commission, by electronic means, of any replacement licences they have issued.

Article 16

Penalties applicable to importers

1.   If it is found that applications and/or declarations presented by an importer to the competent authorities of a Member State are false, misleading or inaccurate, unless they are clearly due to a genuine error, the competent authorities of the Member States concerned shall exclude the importer in question from the licence applications system during the two six-month periods following the finding.

2.   The Member States may adopt additional national provisions covering the submission of applications for licences to their competent authorities, and provide for penalties commensurate with the seriousness of any irregularity to be imposed on importers registered for VAT purposes in their national territory.

Article 17

Administrative cooperation between Member States

The Member States shall take the measures required to ensure reciprocal administrative cooperation with a view to ensuring that this Regulation is properly applied.

Article 18

Transitional measures for the years 2005 and 2006

By way of derogation from Article 3, for the years 2005 and 2006, and only in the new Member States, the following definitions shall apply:

Article 19

Repeal

Regulations (EC) No 2125/95 and (EC) No 359/2004 are repealed with effect from 1 January 2005.

References to the repealed Regulations shall be construed as references to this Regulation.

Article 20

Entry in force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 October 2004.

For the Commission

Franz FISCHLER            

Member of the Commission

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(1)OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Commission Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004, p. 25).

(2)OJ L 336, 23.12.1994, p. 22.

(3)OJ L 212, 7.9.1995, p. 16. Regulation as last amended by Regulation (EC) No 498/2004 (OJ L 80, 18.3.2004, p. 20).

(4)OJ L 279, 23.10.2001, p. 1.

(5)OJ L 8, 14.1.2003, p. 18.

(6)OJ L 102, 24.4.2003, p. 60.

(7)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 636/2004 (OJ L 100, 6.4.2004, p. 25).

(8)OJ L 63, 28.2.2004, p. 11.

(9)OJ L 253, 11.10.1993, p. 1.

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ANNEX I

Volume and period of application of quotas referred to in Article 1(1) in tonnes (drained net weight)

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(1)  As from 1 January 2006, the allocation for Bulgaria shall be increased by 250 tonnes each year.

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ANNEX II

Entries referred to in Article 5(5)

—   in Spanish: Derecho de aduana ... % — Reglamento (CE) no 1864/2004,

—   in Czech: Celní sazba ... % – nařízení (ES) č. 1864/2004,

—   in Danish: Toldsats ... % — forordning (EF) nr. 1864/2004,

—   in German: Zollsatz ... % — Verordnung (EG) Nr. 1864/2004,

—   in Estonian: Tollimaks ... % – määrus (EÜ) nr 1864/2004,

—   in Greek: Δασμός ... % — Κανονισμός (ΕΚ) αριθ. 1864/2004,

—   in English: Customs duty ... % — Regulation (EC) No 1864/2004,

—   in French: Droit de douane: ... % — Règlement (CE) no 1864/2004,

—   in Italian: Dazio: ... % — Regolamento (CE) n. 1864/2004,

—   in Latvian: Muitas nodoklis ... % – Regula (EK) Nr. 1864/2004,

—   in Lithuanian: Muito mokestis ... % – Reglamentas (EB) Nr. 1864/2004,

—   in Hungarian: Vám: ... % – 1864/2004/EK rendelet,

—   in Maltese: Dazju Doganali ... % – Regolament (KE) Nru 1864/2004,

—   in Dutch: Douanerecht: ... % — Verordening (EG) nr. 1864/2004,

—   in Polish: Cło ... % – Rozporządzenie (WE) nr 1864/2004,

—   in Portuguese: Direito aduaneiro: ... % — Regulamento (CE) n.o 1864/2004,

—   in Slovak: Clo ... % – nariadenie (ES) č. 1864/2004,

—   in Slovenian: Carina: ... % – Uredba (ES) št. 1864/2004,

—   in Finnish: Tulli ... prosenttia – Asetus (EY) N:o 1864/2004,

—   in Swedish: Tull ... % – Förordning (EG) nr 1864/2004.

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ANNEX III

List of competent Chinese authorities for issuing the certificates of origin referred to in Article 14(3):

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