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"B COMMISSION REGULATION (EC) No 1921/95
of 3 August 1995
laying down detailed 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
(OJ L 185, 4.8.1995, p. 10)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 2427/95 of 16 October 1995 L 249 12 17.10.1995
"M2 Commission Regulation (EC) No 12/1999 of 7 January 1999 L 4 1 8.1.1999
"M3 Commission Regulation (EC) No 570/1999 of 16 March 1999 L 70 14 17.3.1999
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999 should be
understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) and Council Regulation(EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1995R1921 — EN — 17.03.1999 — 003.001 — 1
COMMISSION REGULATION (EC) No 1921/95
of 3 August 1995
laying down detailed 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
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 processed from fruit
and vegetables (
1), as last amended by Regulation (EC) No 1032/95 (2), and in
particular Article 9 (2) thereof,
Whereas Commission Regulation (EEC) No 2405/89 (3), as last amended by
Regulation (EC) No 1032/95, lays down detailed rules for the application of
the system of import licences and advance fixing certificates for products
processed from fruit and vegetables; whereas, as a result of the amendment toRegulation (EEC) No 426/86 by Council Regulation (EC) No 3290/94 (
4)o n
the adjustments and transitional arrangements required in the agriculture
sector in order to implement the agreements concluded during the UruguayRound of multilateral trade negotiations, the system of advance fixing shouldbe abolished and certain amendments should be made accordingly to the rules
on import licences in the light of experience, while keeping the basic features
of the existing system unchanged; whereas, for similar reasons, CommissionRegulation (EEC) No 3518/86 (
5), as last amended by Regulation (EC)
No 1363/95 (6), which lays down special surveillance measures applicable to
imports of orange juice, should be repealed; whereas, in the-interests of
clarity, a new Regulation should be adopted laying down detailed rules for theapplication of the system of import licences and repealing Regulations (EEC)
No 2405/89 and (EEC) No 3518/86;
Whereas the detailed rules for the application of the system of import licences
in question either supplement or derogate from Commission Regulation(EEC) No 3719/88 of 16 November 1988 laying down common detailed rules
for the application of the system of import and export licences and advance
fixing certificates for agricultural products (
7), as last amended by Regulation
(EC) No 1199/95 (8);
Whereas, in order to facilitate the adoption of appropriate measures in the
event of disturbance or threatened disturbance of the market, provision should
be made for introducing a fixed period between the application for and theissue of the import licence;
Whereas the term of validity of import licences should be determined in the
light of the practices of international trade; whereas the amount of the
security to be lodged for import licences should be fixed at levels which willenable the system to function properly;
Whereas, in order to ensure better knowledge of the trade pattern for certain
products, it should be requried that the country of origin be indicated and that
the importer be compelled to import from the country thus indicated;whereas, however, in view of the characteristics of trade in the products
concerned, provision should be made to allow the country of origin to be
changed;
Whereas in licence applications applicants must indicate the combined
nomenclature subheading; whereas, in the case of certain products falling
within headings 2008 and 2009 of the combined nomenclature, it is not
always possible, owing to considerable variations in natural sugar content orto fluctuations in exchange rates, to know the exact subheadings at the time ofapplication for licences; whereas special provision should be made for those
products;!B
(1) OJ No L 49, 27. 2. 1986, p. 1.
(2) OJ No L 105, 9. 5. 1995, p. 3.
(3) OJ No L 227, 4. 8. 1989, p. 34.
(4) OJ No L 349, 31. 12. 1994, p. 105.
(5) OJ No L 325, 20. 11. 1986, p. 14.
(6) OJ No L 132, 16. 6. 1995, p. 8.
(7) OJ No L 331, 2. 12. 1988, p. 1.
(8) OJ No L 119, 30. 5. 1995, p. 4.1995R1921 — EN — 17.03.1999 — 003.001 — 2
Whereas the fourth indent of Article 5 (1) of Regulation (EEC) No 3719/88
provides that no licence is required for the purposes of operations relating toquantities for which the amount of the security for the corresponding licencewould be ECU 5 or less; whereas Article 14 (3) of Regulation (EEC)
No 3719/88 provides that no security is required in respect of an import
licence where the amount of security involved in ECU 5 or less; whereasArticle 14 (3) of Regulation (EEC) No 3719/88 provides that no security isrequired in respect of an import or export licence where the amount of
security involved is ECU 5 or less or, under certain circumstances, ECU 25 or
less; whereas the application of these provisions to products processed fromfruit and vegetables results, because of the range of security rates, in a wide
variation in the quantity of products covered; whereas it is necessary,
particularly with a view to administrative simplification, to specify thequantity of products which may be imported thus without a licence; whereasthe quantity below which an import licence is to be issued without a security
being lodged should also be specified; whereas the second subparagraph of
Article 14 (3) of Regulation (EEC) No 3719/88 should not apply;
Whereas the measures provided for in this Regulation are in accordance with
the opinion of the Management Committee for Products Processed from Fruit
and Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulations lays down detailed rules for the application of the system of
import licences provided for in Article 9 of Regulation (EEC) No 426/86.
This list of products covered by the system is set out in the Annex hereto.
TITLE I
Import licences
Article 2
1. Import licences shall be valid for a period of three months from their date
of issue as defined in Article 21 (1) of Regulation (EEC) No 3719/88.
2. For products for which import trends need to be monitored closely in
order to assess the risk of disturbance or threatened disturbance of the market,the Commission may decide that import licences are to be issued on the fifth
working day following that on which applications are lodged.
Article 3
1. The amount of the security for import licences for each product shall be
as shown in the table set out in the Annex.
2. Notwithstanding the first subparagraph of Article 14 (3) of Regulation
(EEC) No 3719/88, no security shall be required in respect of an import
licence concerning a quantity not exceeding 1 000 kilograms. The secondsubparagraph of Article 14 (3) of Regulation (EEC) No 3719/88 shall notapply.
3. Notwithstanding the fourth indent of Article 5 (1) of Regulation (EEC)
No 3719/88, no licence shall be required for operations relating to a quantitynot exceeding 500 kilograms where the amount of the security is less than
ECU 1 per 100 kilograms.
Article 4
Where certain of the products falling within one subheading of the combined
nomenclature are subject to the system of import licences, licenceapplications and the import licences themselves shall contain in section 15the description of products subject to the system and in section 16 the
combined nomenclature code preceded by ‘ex’.
Licences shall be valid for the products so described.!B1995R1921 — EN — 17.03.1999 — 003.001 — 3
Article 5
1. For the products listed in the Annex, licence applications and the import
licences themselves shall indicate the country of origin in section 8.
Licences shall make it obligatory to import from the country of origin
indicated thereon.
2. Holders of licences may apply, once only, to have the country of origin
altered subject to the following rules:
(a) applications for alteration of the country of origin:
— must be submitted to the body which issued the original licence,
— must be accompanied by the original licence and by any extract
issued,
— shall be subject to the provisions of Articles 13, 14 (1) and 15 of
Regulation (EEC) No 3719/88;
(b) the body which issued the licence shall retain the original licence and any
extract and shall issue a replacement licence and, where appropriate, one
or more replacement extracts.
However, if during the time taken to issue the replacement licence the
issue of licences for the new country of origin is suspended, the
replacement licence application concerned shall be rejected and theoriginal licence and, where appropriate, the extract or extracts shall be
returned to the holder;
(c) replacement licences and, where appropriate, the replacement extract or
extracts shall:
— be issued for a quantity of products which, when the tolerance is
added, corresponds to the maximum available quantity shown on the
document which they replace,
— contain in section 20 the number, and, if wished, the date of the
document which they replace,
— contain in section 8 the name of the new country of origin,
— contain in the other sections the same entries as the document which
they replace, and in particular the same date of expiry.
Article 6
In the case of processed-peach products covered by CN code 2008 70,
applicants may show the following CN codes in section 16 of their import
licence applications: 2008 70 61 and 2008 70 69 or 2008 70 71 and
2008 70 79. The codes shown in applications shall appear on the importlicences.
TITLE II
Communications
Article 7
1. Member States shall communicate to the Commission no later than the
fifth working day of each month the particulars concerning the country oforigin and the quantities of products for which import licences were issued inthe preceding month, broken down according to the combined nomenclature
and according to the description contained in the Annex.
2. During periods when Article 2 (2) applies, and notwithstanding paragraph
1, Member States shall communicate to the Commission any particulars
referred to in paragraph 1 concerning applications for import licences asfollows:
— each Wednesday, as regards applications made on Monday and Tuesday
of that week,
— each Friday, as regards applications made on Wednesday and Thursday of
that week,!B
!M3
!B1995R1921 — EN — 17.03.1999 — 003.001 — 4
— each Monday, as regards applications made on Friday of the previous
week.
3. If no import licences have been issued during a given calendar month, the
Member States concerned shall inform the Commission accordingly not laterthan the fifth working day of the following month.
TITLE III
Final provisions
Article 8
1. Regulations (EEC) No 2405/89 and (EEC) No 3518/86 are hereby
repealed.
2. References to Regulation (EEC) No 2405/89 shall be construed as
references to this Regulation.
Article 9
This Regulation shall enter into force on the day following its publication in
theOfficial Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1995R1921 — EN — 17.03.1999 — 003.001 — 5
ANNEX
List of products referred to in Articles 3(1) and 5(1)
CN code DescriptionAmount EUR/100
kg netTARIC code
0711 Vegetables, provisionally preserved (for example, by sulphur dioxide
gas, in brine, in sulphur water or in other preservative solutions), butunsuitable in that state for immediate consumption:
0711 90 – Other vegetables; mixtures of vegetables:
– – Vegetables:
– – – Mushrooms:
0711 90 40 – – – – Of the genus Agaricus 2,40
0711 90 60 – – – – Other 2,40
0806 Grapes, fresh or dried:0806 20 – Dried:
– – In immediate containers of a net capacity not exceeding 2 kg:
0806 20 12 – – – Sultanas 2,400806 20 18 – – – Other 2,40
– – Other:
0806 20 92 – – – Sultanas 2,40
0806 20 98 – – – Other 2,400811 Fruit and nuts, uncooked or cooked by steaming or boiling in water,
frozen, whether or not containing added sugar or other sweetening
matter:
0811 90 – Other:
– – Containing added sugar or other sweetening matter:
– – – With a sugar content exceeding 13 % by weight:
ex 0811 90 19 – – – – Other:
– – – – – Sour cherries (Prunus cerasus) 2,40 *21, *29
– – – – – Other cherries 2,40 *31, *39
– – – Other
ex 0811 90 39 – – – – Other:
– – – – – Sour cherries (Prunus cerasus) 2,40 *21, *29
– – – – – Other cherries 2,40 *31, *39– – Other:
0811 90 75 – – – – Sour cherries (Prunus cerasus) 2,40
0811 90 80 – – – – Other cherries 2,400812 Fruit and nuts, provisionally preserved (for example, by sulphur dioxide
gas, in brine, in sulphur water or in other preservative solutions), butunsuitable in that state for immediate consumption:
0812 10 00 – Cherries:
– – Sour cherries (Prunus cerasus) 2,40 *10
– – Other 2,40 *90
0813 Fruit, dried, other than that of heading Nos 0801 to 0806; mixtures of
nuts or dried fruits of this chapter:!
M21995R1921 — EN — 17.03.1999 — 003.001 — 6
CN code DescriptionAmount EUR/100
kg netTARIC code
– – Other
ex 0813 40 95 – – – Sour cherries (Prunus cerasus) 2,40 *20
2001 Vegetables, fruit, nuts and other edible parts of plants, prepared or
preserved by vinegar or acetic acid:
– Other:
2001 90 50 – – Mushrooms:
– – – Of the genus Agaricus 2,40
– – – Other 2,40
2002 Tomatoes prepared or preserved otherwise than by vinegar or acetic
acid:
2002 90 – Other:
– – With a dry matter content of less than 12 % by weight:
2002 90 11 – – – In immediate packings of a net content exceeding 1 kg 0,70
2002 90 19 – – – In immediate packings of a net content not exceeding 1 kg 0,70
– – With a dry matter content of not less than 12 % but not more than
30 % by weight:
2002 90 31 – – – In immediate packings of a net content exceeding 1 kg 2,20
2002 90 39 – – – In immediate packings of a net content not exceeding 1 kg 2,20
– – With a dry matter content of more than 30 % by weight:
2002 90 91 – – – In immediate packings of a net content exceeding 1 kg 2,20
2002 90 99 – – – In immediate packings of a net content not exceeding 1 kg 2,202003 Mushrooms and truffles, prepared or preserved otherwise than by
vinegar or acetic acid:
2003 10 – Mushrooms:
– – Of the genus Agaricus :
2003 10 20 – – – Provisionally preserved, completely cooked 2,90
2003 10 30 – – – Other 2,90
2003 10 80 – – Other 2,902005 Other vegetables prepared or preserved otherwise than by vinegar or
acetic acid, not frozen, other than products of heading No 2006:
2005 60 00 – Asparagus 2,40
2008 Fruit, nuts and other edible parts of plants, otherwise prepared or
preserved, whether or not containing added sugar or other sweeteningmatter or spirit, not elsewhere specified or included:
2008 60 – Cherries:
– – Not containing added spirit:– – – Containing added sugar, in immediate packings of a net content
exceeding 1 kg:
2008 60 51 – – – – Sour cherries (Prunus cerasus) 2,40
2008 60 59 – – – – Other 2,40
– – – Containing added sugar, in immediate packings of a net content
not exceeding 1 kg:
2008 60 61 – – – – Sour cherries (Prunus cerasus) 2,40!
M21995R1921 — EN — 17.03.1999 — 003.001 — 7
CN code DescriptionAmount EUR/100
kg netTARIC code
2008 60 69 – – – – Other 2,40
– – – Not containing added sugar, in immediate packings of a net
content:
– – – – Of 4,5 kg or more:
2008 60 71 – – – – – Sour cherries (Prunus cerasus) 2,40
2008 60 79 – – – – – Other 2,40
– – – – Of less than 4,5 kg:
2008 60 91 – – – – – Sour cherries (Prunus cerasus) 2,40
2008 60 99 – – – – – Other 2,40
2008 70 – Peaches:
– – Not containing added spirit:– – – Containing added sugar, in immediate packings of a net content
exceeding 1 kg:
2008 70 61 – – – – With a sugar content exceeding 13 % by weight 0,70
2008 70 69 – – – – Other 0,70
– – – Containing added sugar, in immediate packings of a net content
not exceeding 1 kg:
2008 70 71 – – – – With a sugar content exceeding 15 % by weight 0,702008 70 79 – – – – Other 0,70
2009 Fruit juices (including grape must) and vegetable juices, unfermented
and not containing added spirit, whether or not containing added sugaror other sweetening matter:
– Orange juice:– – Frozen:
– – – Of a density not exceeding 1,33 g/cm
3at 20 °C:
2009 11 99 – – – – Other: 1,40!M21995R1921 — EN — 17.03.1999 — 003.001 — 8