1995R2125 — EN — 19.07.2002 — 005.001 — 1
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►B COMMISSIONREGULATION(EC)No2125/95
of6September1995
opening and providing for the administration of tariff quotas for preserved mushrooms of the
genus►M2 ◄
(OJ L 212, 7.9.1995, p. 16)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2723/95 of 24 November 1995 L 283 12 25.11.1995
►M2Commission Regulation (EC) No 2405/97 of 3 December 1997 L 332 32 4.12.1997
►M3Commission Regulation (EC) No 2493/98 of 18 November 1998 L 309 38 19.11.1998
►M4Commission Regulation (EC) No 2858/2000 of 27 December 2000 L 332 59 28.12.2000
►M5Commission Regulation (EC) No 2541/2001 of 21 December 2001 L 341 80 22.12.2001
►M6Commission Regulation (EC) No 453/2002 of 13 March2002 L 72 9 14.3.2002
►M7Commission Regulation (EC) No 1286/2002 of 15 July 2002 L 187 23 16.7.2002
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COMMISSIONREGULATION(EC)No2125/95
of6September1995
opening and providing for the administration of tariff quotas for
preserved mushroomsofthegenus ►M2 ◄
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February
1986 on the common organization of the market in products processedfrom fruit and vegetables(
1), as last amended by Commission Regula-
tion (EC) No 1032/95(2), and in particular Article 12 (1) thereof,
Having regard to Council Regulation (EC) No 3290/94 of 22 December
1994 on the adjustments and transitional arrangements required in theagricultural sector in order to implement the agreements concludedduring the Uruguay Round of multilateral trade negotiations(
3), and in
particular Article 3 thereof,
Whereas, under the Agreement on Agriculture concluded during the
Uruguay Round of multilateral trade negotiations, the Community
undertook to open from 1 July 1995, under certain conditions, Commu-
nity tariff quotas for preserved mushrooms of the genus Agaricus spp.
falling within CN codes 0711 90 40, 2003 10 20 and 200310 30;whereas these quotas should therefore be opened and conditions laiddown for their administration, while ensuring that the transition
between the system expiring on 30 June 1995 and the new system
applicable from 1 July 1995 is as smooth as possible; whereas for thispurpose the detailed rules of application of the old system should becarried over and the traditional import calendars should be maintained;
Whereas the import licences issued from 1 January to 30 June 1995
pursuant to Commission Regulation (EC) No 3107/94(
4), as amended
by Regulation (EC) No 1032/95(5), covered all the annual quantity
available for China, 10 056 tonnes for Poland, 137 tonnes for Bulgaria,
and 551 tonnes for all the other supplier countries; whereas No licences
were issued for Romania; whereas quotas should therefore be openedfor the period 1 July to 31 December 1995 corresponding to thebalances available for eachof th e abovementioned countries or groupsof countries;
Whereas the quantity to be imported should be allocated between the
supplier countries, account being taken of traditional patterns of trade,of new suppliers and of preferences as provided for in the Europe
Agreements withBulgaria(
6), Poland(7) and Romania(8);
Whereas provision should be made to review the allocation during a
given year on the basis of the data available after the first six months
of use; whereas a reserve should be established so as to avoid any
interruption in trade with a supplier country when the overall quantityhas not been exhausted;
Whereas detailed arrangements should be laid down to ensure that the
quantities in excess of the tariff quotas are subjected to the levying ofthe full duty provided for in the Common Customs Tariff; whereasthose arrangements must involve the issuing of licences at the end ofa period in which the quantities are checked and the necessary notifica-
tions are made by the Member States; whereas these provisions are
either supplementary to or derogate from the provisions of CommissionRegulation (EC) No 1921/95 of 3 August 1995 laying down detailed1995R2125 — EN — 19.07.2002 — 005.001 — 2
(1) OJ No L 49, 27. 2. 1986, p. 1.
(2) OJ No L 105, 9. 5. 1995, p. 3.
(3) OJ No L 349, 31. 12. 1994, p. 105.
(4) OJ No L 328, 20. 12. 1994, p. 37.
(5) OJ No L 105, 9. 5. 1995, p. 3.
(6) OJ No L 323, 23. 12. 1993, p. 2.
(7) OJ No L 348, 31. 12. 1993, p. 2.
(8) OJ No L 81, 2. 4. 1993, p. 2.
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rules for the application of the system of import licences for products
processed from fruit and vegetables and repealing Regulations (EEC)No 2405/89 and (EEC) No 3518/86(
1), and Commission Regulation
(EEC) No 3719/88 of 16 November 1988 laying down common
detailed rules for the application of the system of import and exportlicences and advance fixing certificates for agricultural products(
2), as
last amended by Regulation (EC) No 1199/95(3);
Whereas a distinction should be drawn between traditional importers
and new importers and certain criteria relating to the status of theapplicants and the use of the licences allocated should be laid down;whereas, lastly, the quantities for each category of importer should beallocated fairly;
Whereas it is more appropriate to establish henceforth an allocation
between traditional importers on the basis of the quantities importedrather than on the basis of the licences issued; whereas, for administra-tive reasons, provision should nevertheless be made to retain thetransitional period provided for in Regulation (EC) No 3107/94;
Whereas, to ensure the correct use of the quotas, provision must be
made for regular notification by the Member States of the quantitiesfor which licences have not been used;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Management Committee for Products
Processed from Fruit and Vegetables and the Customs CodeCommittee,
HAS ADOPTED THIS REGULATION:
Article 1
1. Tariff quotas for preserved mushrooms of the genus Agaricus
falling within CN codes 0711 51 00, 200310 20 and 2003 1030, shown
in Annex I, shall be opened subject to the conditions laid down in thisRegulation.
2. The rate of duty applicable shall be 12 % ad valorem in the case
of products falling within CN code 0711 5100 (Serial No 09.4062) and
23 % in the case of products falling within CN codes 2003 10 20 and2003 10 30 (Serial No 09.4063). However, a single rate of 8,4 % shallapply in the case of the above products originating in Bulgaria (SerialNo 09.4725) or Romania (Serial No 09.4726).
Article 2
1. All imports forming part of the quotas referred to in Article 1
shall be subject to submission of an import licence issued in accor-
dance withth is Regulation.
2. In the case of countries other than Bulgaria
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M4 ◄and Romania, the quotas shall be allocated
among the supplier countries in accordance with Annex I, except for apart thereof which shall constitute a reserve. The allocation may beadjusted on the basis of information regarding the quantities for whichlicences have been issued as at 30 June.1995R2125 — EN — 19.07.2002 — 005.001 — 3
(1) OJ No L 185, 4. 8. 1995, p. 10.
(2) OJ No L 331, 2. 12. 1988, p. 1.
(3) OJ No L 119, 30. 5. 1995, p. 4.▼M6
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Article 3
1. Commission Regulation (EC) No 1291/2000(1) shall apply to the
system introduced by this Regulation, subject to the special provisions
thereof.
2. Import licences shall be valid for a period of nine months from
the effective date of issue within the meaning of Article 23(2) of Regu-
lation (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 Regula-
tion (EC) No 1291/2000 shall be EUR 24 per tonne net.
4. The country of origin shall be entered in box 8 of both the licence
application and the import licence and the word ‘yes’ shall be markedwith a cross. The import licence shall be valid only for imports origi-nating in the country indicated.
Article 4
1.►
M3The total quantity allocated to China and countries other
than Bulgaria ►M4 ◄and Romania, pursuant to Annex
I, shall be distributed as follows: ◄
(a)►M395◄% to traditional importers.
‘Traditional importers’ means importers who have obtained import
licences pursuant to Regulation (EEC) No 3107/94 or this Regula-
tion in each of the previous three calendar years and who have
imported the products referred to in Article 1 (1) in at least twoof the previous three calendar years. From 1 January 1999 impor-ters must also furnish proof that they have imported and/orexported at least 100 tonnes of processed fruit and vegetableproducts, as referred to in Article 1 (2) of Council Regulation
(EC) No 2201/96(
2), during the year preceding their application.
(b)►M35◄% to new importers.
‘New importers’ means importers other than those referred to in (a)
who are traders, natural or legal persons, individuals or groups that
have imported and/or exported at least 50 tonnes of processed fruitand vegetable products, as referred to in Article 1 (2) of Regulation(EC) No 2201/96, in eachof th e two previous years. Compliancewith this condition shall be certified by registration in a traderegister held by the Member State or by any other proof accepted
by the Member State and by proof of import and/or export. When
importers in this category have obtained import licences pursuantto this Regulation in the previous calendar year, they must showproof of having put in free circulation, on their own account, atleast 50 % of the quantity allocated to them.
2. The importers referred to in paragraph 1 shall attach to their
application information enabling the competent national authorities to
verify to their satisfaction fulfilment of the conditions set out in para-graph1 (a) or (b).
3. Any quantities still available on 15 October shall be allocated
without discrimination between both categories of importer.
4. Notwithstanding Article 9 of Regulation (EC) No 1291/2000, the
rights arising from import certificates shall not be transferable.1995R2125 — EN — 19.07.2002 — 005.001 — 4
(1) OJ L 152, 24.6.2000, p. 1.
(2) OJ L 297, 21. 11. 1996, p. 29.▼M5
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5.►M3For countries other than Bulgaria ►M4 ◄
and Romania, ◄box 20 of import licence applications shall contain
one of the following, as applicable:
— ‘Licence applied for pursuant to Article 4 (1) (a) of Regulation
(EC) No 2125/95’,
or
— “Licence applied for pursuant to Article 4 (1) (b) of Regulation
(EC) No 2125/95
Article 5
1. Licence applications presented by the traditional importers
referred to in Article 4(1)(a) may not relate in any six-monthperiod
to a quantity exceeding 75 % of the average annual quantity of importsoriginating in countries other than Bulgaria, Poland and Romania andeffected under this Regulation in the preceding three calendar years.
2. Licence applications presented by the new importers referred to in
Article 4(1)(b) may not relate in any six-monthperiod to a quantityexceeding 8 % of the quantity allocated under the said Article 4(1)(b).
Article 6
1. Member States shall notify the Commission of the quantities for
which import licence applications have been submitted, as follows:
— eachWednesday in th e case of applications made on Monday and
Tuesday,
— eachFriday in th e case of applications made on Wednesday and
Thursday,
— each Monday in the case of applications made on Friday of the
previous week.
These notifications shall be broken down by product, according to the
combined nomenclature, and giving separate figures for the quantities
applied for pursuant to Article 4(1)(a) and (b) respectively.
2. Import licences shall be issued on the fifth working day following
that on which applications are lodged, provided that no specialmeasures are taken by the Commission in the meantime.
3. If the quantities applied for exceed for any supplier country the
quantity available, the Commission shall allocate the excess quantitiesfrom the reserve mentioned in Article 2 (2).
4. If, after allocation of the reserve, the quantities applied for exceed
the quantity available, the Commission shall set a flat-rate percentage
reduction for the applications in question and suspend the issue oflicences in respect of subsequent applications.
Article 7
The Commission shall keep the Member States regularly informed of
the extent of utilization of the quotas and, at the appropriate time, oftheir exhaustion.
Article 8
Member States shall notify the Commission of the quantities for which
import licences have been issued but not used as soon as the informa-tion is available to them.
Article 9
1. Article 35(6) of Regulation (EC) No 1291/2000 shall apply.1995R2125 — EN — 19.07.2002 — 005.001 — 5
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2. In the case of quantities imported within the tolerance referred to
in Article 8(4) of Regulation (EC) No 1291/2000 the import dutyprovided for in the Common Customs Tariff (CCT) shall be levied in
full.
Article 10
1. The entry into free circulation of mushrooms originating in China
shall be subject to Articles 55 to 65 of Commission Regulation (EEC)
No 2454/93(
1).
In the event of loss of the original, and notwithstanding Article 57 (2)
of the abovementioned Regulation, the competent authorities mayaccept a duplicate of the certificate of origin.
2. The authorities competent to issue the certificate of origin and
duplicates shall be those indicated in Annex II.
3. In accordance withProtocol 4 to th e Europe Agreements,
products originating in Bulgaria ►
M4 ◄and Romania
shall be released for free circulation in the Community on presentationof an EUR.1 certificate issued by the authorities of those countries or adeclaration given by the exporter or an invoice.
Article 11
1. Import licences shall show the following in box 24, in one of the
official languages of the European Union:
— ‘Derecho de aduana … % — Reglamento (CE) n
o2125/95’,
— ‘Toldsats … % — forordning (EF) nr. 2125/95’,— ‘Zollsatz … % — Verordnung (EG) Nr. 2125/95’,—‘∆ασµός…%— Κανονισµός (ΕΚ) αριθ. 2125/95’,
— ‘Customs duty … % — Regulation (EC) No 2125/95’,— ‘Droit de douane … % — Règlement (CE) n
o2125/95’,
— ‘Dazio: … % — … Regolamento (CE) n. 2125/95’,— ‘Douanerecht: … % — Verordening (EG) nr. 2125/95’,— ‘Direito aduaneiro: … % — Regulamento (CE) n
o2125/95’,
— ‘Tulli … prosenttia — Asetus (EY) N:o 2125/95’,— ‘Tull … % — Förordning (EG) nr 2125/95’.
2. Licence applications and import licences shall include the country
of origin in box 8 and the word ‘yes’ must be marked with a cross.
Article 12
1. The holder of an import licence may apply to have the CN code
for which the licence was issued changed, provided that:
(a) the new CN code applied for is one of those listed in Article 1;
(b) the application is submitted to the body that issued the original
licence and is accompanied by the original and any extract issued.
2. The body 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 extract or
extracts shall:
— be issued for a quantity up to the maximum quantity available
according to the document replaced,
— indicate in box 20 the number and date of the document replaced,1995R2125 — EN — 19.07.2002 — 005.001 — 6
(1) OJ No L 253, 11. 10. 1993, p. 1.▼B
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— indicate in boxes 13, 14 and 15 the information relating to the new
product in question,
— indicate in box 16 the new CN code,— indicate in the other boxes the same information as shown on the
replaced document, and in particular the same expiry date.
4. Member States shall immediately inform the Commission of any
change of CN code on import licences they have issued.
Article 13
Regulation (EC) No 3107/94 is hereby repealed.The amount to be levied on imports from 1 July 1995 on the basis and
during the period of validity of licences free from the additional
amount issued pursuant to Regulation (EC) No 3107/94 shall be the
ad valorem duty shown in Article 1.
Article 14
This Regulation shall enter into force on the day of its publication in
theOfficial Journal of the European Communities.
It shall apply with effect from 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1995R2125 — EN — 19.07.2002 — 005.001 — 7
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ANNEX I
ALLOCATION AS REFERRED TO IN ARTICLE 2 IN TONNES (NET
DRAINEDWEIGHT)
Supplier countries 1 January to 31 December of eachyear
Bulgaria 1 750
Romania 500China 22750
Others 3 290
Reserve 1 000
Total 292901995R2125 — EN — 19.07.2002 — 005.001 — 8
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ANNEX II
List of competent Chinese authorities for issuing the certificates of origin and
duplicates referred to in Article 10(1).
— The Department of Foreign Trade of the Ministry of Foreign Trade and
Economic Cooperation,
— The Department of Foreign Trade and Economic Cooperation of Guangdong
Province,
— Shanxi Province Foreign Trade and Economic Cooperation Bureau,— Sichuan Provincial Department of Foreign Trade and Economic Cooperation,— Bureau of Foreign Trade and Economic Cooperation of Anhui Province,— Ningbo Municipal Bureau of Foreign Trade and Economic Cooperation,— Foreign Trade Department, Chongqing Foreign Trade and Economic Rela-
tions Commission,
— Guangxi Foreign Trade and Economic Cooperation Department, People's
Republic of China,
— Shanghai Foreign Economic Relations and Trade Commission,
— Department of Foreign Trade and Economic Cooperation, Jiangsu Provincial
Government, People's Republic of China,
— Ningxia Foreign Trade and Economic Cooperation Department,— Department of Foreign Trade and Economic Cooperation of Shandong
Province,
— Bureau of Foreign Trade and Economic Cooperation, Qingdao Municipal
People's Government,
— Hubei Provincial Department of Foreign Trade and Economic Cooperation,
Foreign Trade Administration Office,
— Fujian Provincial Department of Foreign Trade and Economic Cooperation,— Yunnan Provincial Foreign Trade and Economic Cooperation Bureau,— Foreign Trade and Economic Cooperation of Zhejiang Provincial People's
Government,
— China Council for the Promotion of International Trade (Henan),— Xiamen Municipal Trade Development Committee.1995R2125 — EN — 19.07.2002 — 005.001 — 9