2125/95 - - - I
This document is meant purely as a documentation tool and the institutions do not assume any liability for its con-
tents
COMMISSION REGULATION (EC) No 2125/95
of 6 September 1995
opening and providing for the administration of tariff quotas for preserved mushrooms
of the genus
(OJ No L 212, 7. 9. 1995, p. 16)
Amended by:
Official Journal
No page date
Commission Regulation (EC) No 2723/95 of 24 November 1995 L 283 12 25. 11. 1995
Commission Regulation (EC) No 2405/97 of 3 December 1997 L 332 32 4. 12. 1997Commission Regulation (EC) No 2493/98 of 18 November 1998 L 309 38 19. 11. 19982405/97 - - - deleted
2125/95 - - - I
ICOMMISSION REGULATION (EC) No 2125/95
of 6 September 1995
opening and providing for the administration of tariff quotas for preserved mushrooms
of the genus
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EEC) No 426/86 of
24 February 1986 on the common organization of the
market in products processed from fruit and vegetables (
1),
as last amended by Commission Regulation (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 ar-
rangements required in the agricultural sector in order to
implement the agreements concluded during the UruguayRound of multilateral trade negotiations (
3), and in par-
ticular Article 3 thereof,
Whereas, under the Agreement on Agriculture concluded
during the Uruguay Round of multilateral trade negoti-
ations, the Community undertook to open from
1 July 1995, under certain conditions, Community tariff
quotas for preserved mushrooms of the genus Agaricus
spp. falling within CN codes 0711 90 40, 2003 10 20 and
2003 10 30; whereas these quotas should therefore be
opened and conditions laid down for their administration,
while ensuring that the transition between the system ex-
piring on 30 June 1995 and the new system applicable
from 1 July 1995 is as smooth as possible; whereas for this
purpose the detailed rules of application of the old system
should be carried 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 Bulga-
ria, and 551 tonnes for all the other supplier countries;
whereas No licences were issued for Romania; whereas
quotas should therefore be opened for the period 1 July to
31 December 1995 c orresponding to the balances available
for each of the abovementioned countries or groups of
countries;
(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. 3.2405/97 - - - deleted
2125/95 - - - I
IIWhereas 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 pref-
erences as provided for in the Europe Agreements with
Bulgaria (1), Poland (2) and Romania (3);
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 quantity has not been
exhausted;
Whereas detailed arrangements should be laid down to en-
sure that the quantities in excess of the tariff quotas are
subjected to the levying of the full duty provided for in the
Common Customs T ariff; whereas those arrangements must
involve the issuing of licences at the end of a period in
which the quantities are checked and the necessary noti-fications are made by the Member States; whereas these
provisions are either supplementary to or derogate from
the provisions of Commission Regulation (EC) No 1921/95
of 3 August 1995 laying down detailed rules for the ap-
plication of the system of import licences for products pro-
cessed from fruit and vegetables and repealing Regulations
(EEC) No 2405/89 and (EEC) No 3518/86 (
4), and Com-
mission Regulation (EEC) No 3719/88 of 16 No-
vember 1988 laying down common detailed rules for the
application of the system of import and export licences and
advance fixing certificates for agricultural products (5), as
last amended by Regulation (EC) No 1199/95 (6);
Whereas a distinction should be drawn between traditional
importers and new importers and certain criteria relating
to the status of the applicants and the use of the licences
allocated should be laid down; whereas, lastly, the quan-
tities for each category of importer should be allocated
fairly;
Whereas it is more appropriate to establish henceforth an
allocation between traditional importers on the basis of the
quantities imported rather than on the basis of the licences
issued; whereas, for administrative reasons, provision
should nevertheless be made to retain the transitional
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 quantities for which licences have not been
used;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management Com-
mittee for Products Processed from Fruit and Vegetables
and the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
(1) OJ No L 323, 23. 12. 1993, p. 2.
(2) OJ No L 348, 31. 12. 1993, p. 2.
(3) OJ No L 81, 2. 4. 1993, p. 2.
(4) OJ No L 185, 4. 8. 1995, p. 10.
(5) OJ No L 331, 2. 12. 1988, p. 1.
(6) OJ No L 119, 30. 5. 1995, p. 4.
2125/95 - - - I
1Article 1
1. The tariff quotas for preserved mushrooms of the
genus Agaricus falling within CN codes 0711 90 40,
2003 10 20 and 2003 10 30, and preserved mush rooms of
other genera falling within CN code 0711 90 60 originating
in Poland, shown in Annex I shall be opened subject to the
conditions laid down in this Regulation.
2. The rate of duty applicable shall be 12 % ad valorem
in the case of products falling within CN code 0711 90 40
(Serial No 09.4062) and 23 % in the case of products fal-
ling within CN codes 2003 10 20 and 2003 10 30 (Serial
No 09.4063). However, a single rate of 8,4% shall apply in
the case of the above products originating in Bulgaria
(Serial No 09.4725), Poland (Serial No 09.4821) or Roma-
nia (Serial No 09.4726), and products falling within
CN code 0711 90 60 (Serial No 09.4821) originating in
Poland.
Article 2
1. All imports forming part of the quotas referred to in
Article 1 shall be subject to submission of an import li-
cence issued in accordance with this Regulation.
2. In the case of countries other than Bulgaria, Polandand Romania, the quotas shall be allocated among the
supplier countries in accordance with Annex I, except for a
part thereof which shall constitute a reserve. The allocation
may be adjusted on the basis of information regarding the
quantities for which licences have been issued as at
30 June.
Article 3
1. Regulation (EC) No 1921/95 shall apply, with the ex-
ception of Article 5 (2) thereof, subject to the provisions
of this Regulation.
2. Import licences shall be valid for a period of nine
m o n t h sf r o mt h ee f f e c t i v ed a t eo fi s s u ew i t h i nt h em e a n i n g
of Article 21 (2) of Regulation (EEC) No 3719/88, but
shall not be valid after 31 December of the year concerned.
Article 4
1. The total quantity allocated to China and countries
other than Bulgaria, Poland and Romania, pursuant to
Annex I, shall be distributed as follows:
(a) 95 % to traditional importers.2405/97
2493/98 - - - deleted
2125/95
2405/97
deleted
2125/95
2493/98
2405/97 - - - 2493/98
2493/98
2125/95 - - - I
2“T raditional importers” means importers who have
obtained import licences pursuant to Regulation
(EEC) No 3107/94 or this Regulation in each of the
previous three calendar years and who have imported
the products referred to in Article 1 (1) in at least
two of the previous three calendar years. From 1 Jan-
uary 1999 importers must also furnish p roof that they
have imported and/or exported at least 100 tonnes of
processed fruit and vegetable products, as referred to
in Article 1 (2) of Council Regulation (EC)
No 2201/96 (7), during the year preceding their ap-
plication.
(b) 5 % 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 fruit andvegetable products, as referred to in Article 1 (2) of
Regulation (EC) No 2201/96, in each of the two
previous 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 ex-
port. When importers in this category have obtained
import licences pursuant to this Regulation in the
previous calendar year, they must show proof of hav-
ing put in free circulation, on their own account, at
least 50 % of the quantity allocated to them.
2. The importers referred to in paragraph 1 shall attachto their application information enabling the competent
national authorities to verify to their satisfaction fulfilment
of the conditions set out in paragraph 1 (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 3719/88, the rights arising from import licences shall
not be transferable.
5. For countries other than Bulgaria, Poland and R
oma-
nia, 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
(7) OJ L 297, 21. 11. 1996, p. 29.2405/97
2493/98
2125/95
2405/97
2493/98
2125/95 - - - I
3— “Licence applied for pursuant to Article 4 (1) (b) of
Regulation (EC) No 2125/95
Article 5
1. Licence applications presented by the traditional im-
porters referred to in Article 4(1)(a) may not relate in any
six-month period to a quantity exceeding 75 % of the aver-
age annual quantity of imports originating in countries
other than Bulgaria, Poland and Romania and effected
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-
month period to a quantity exceeding 8 % of the quantity
allocated under the said Article 4(1)(b).
Article 6
1. Member States shall notify the Commission of the
quantities applied for under the quotas referred to in Ar-
ticle 1 in accordance with Article 7 (2) of Regulation (EC)No 1921/95, giving separate figures for the quantities ap-
plied 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, pro-
vided that no special measures are taken by the Commis-
sion in the meantime.
3. If the quantities applied for exceed for any supplier
country the quantity available, the Commission shall allo-
cate the excess quantities from the reserve mentioned in
Article 2 (2).
4. If, after allocation of the reserve, the quantities ap-
plied for exceed the quantity available, the Commission
shall set a flat-rate percentage reduction for the applica-
tions in question and suspend the issue of licences in re-
spect 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, of their exhaustion.
Article 8
Member States shall notify the Commission of the quan-
tities for which import licences have been issued but not
used as soon as the information is available to them.2405/97
2493/98
2125/95
2125/95 - - - I
4Article 9
1. Article 33 (5) of Regulation (EEC) No 3719/88 shall
apply.
2. In the case of quantities imported within the toler-
ance referred to in Article 8 (4) of Regulation (EEC)
No 3719/88 the import duty provided for in the Common
Customs T ariff (CCT) shall be levied in full.
Article 10
1. The entry into free circulation of mushrooms originat-
ing in China shall be subject to Articles 55 to 65 of Com-
mission Regulation (EEC) No 2454/93 (1).
In the event of loss of the original, and notwithstanding
Article 57 (2) of the abovementioned Regulation, the com-
petent authorities may accept 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 with Protocol 4 to the Europe Agree-ments, products originating in Bulgaria, Poland and Roma-
nia shall be released for free circulation in the Community
on presentation of an EUR.1 certificate issued by the
authorities of those countries or a declaration given by theexporter 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)
no2125/95’,
— ‘T oldsats . . . % — 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)
no2125/95’,
— ‘Dazio: . . . % — . . . Regolamento (CE) n. 2125/95’,
— ‘Douanerecht: . . . % — Verordening (EG)
nr. 2125/95’,
— ‘Direito aduaneiro: . . . % — Regulamento (CE)
nº 2125/95’,
— ‘T ulli . . . prosenttia — Asetus (EY) N:o 2125/95’,
— ‘T ull . . . % — Förordning (EG) nr 2125/95’.
(1) OJ No L 253, 11. 10. 1993, p. 1.2125/95
2405/97
2125/95
2125/95 - - - I
52. 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 orig-
inal 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 replace-
ment 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 docu-
ment replaced,
— indicate in boxes 13, 14 and 15 the information relat-
ing to the new product in question,
— i n d i c a t ei nb o x1 6t h en e wC Nc o d e ,
— indicate in the other boxes the same information as
shown on the replaced document, and in particular
t h es a m ee x p i r yd a t e .
4. Member States shall immediately inform the Commis-
sion 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 the Official Journal of the European Commu-
nities.
It shall apply with effect from 1 July 1995.2405/97
2125/95
2125/95 - - - I
6ANNEX I
Allocation referred to in Article 2 (net drained weight in tonnes)
Supplier
countriesFrom 1 July to
31 December 1999From 1 July to
31 December 2000From 1 January to
31 December of
subsequent years
Bulgaria 1 645 17 1 5 17 5 0
Poland 40 890 42 630 43 500
Romania 470 490 500
China 22 750 22 750 22 750
Others 32 9 0 32 9 0 32 9 0
Reserve 10 0 0 10 0 0 10 0 0
To t al 70 045 71 875 72 7902493 /98
2125/95 - - - I
7ANNEX II
The competent authorities referred to in Article 10 (2) are:
— Shanghai Foreign Economic Relations and Trade Commission,
— Fujian Foreign Economic Relations and Trade Commission,— Guangxi Foreign Economic Relations and Trade Commission,
— Zhejiang Foreign Economic Relations and Trade Commission,
— Jiangsu Foreign Economic Relations and Trade Commission,— Sichuan Foreign Economic Relations and Trade Commission,
— Chongquing Foreign Economic Relations and Trade Commission,
— Anhui Foreign Economic Relations and Trade Commission,— Guangdong Foreign Economic Relations and Trade Commission,
— Foreign Trade Administration, Ministry of Foreign Trade and Economic Cooperation
(MOFTEC).2125
/95