1995R2125 — EN — 01.06.2003 — 007.001 — 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 March 2002 L 72 9 14.3.2002
►M7Commission Regulation (EC) No 1286/2002 of 15 July 2002 L 187 23 16.7.2002
►M8Commission Regulation (EC) No 225/2003 of 5 February 2003 L 31 10 6.2.2003
►M9Commission Regulation (EC) No 1142/2003 of 27 June 2003 L 160 39 28.6.2003
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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 codes0711 90 40, 2003 10 20 and 2003 10 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 calendarss hould be maintained;
Whereas the import licences issued from 1 January to 30 June 1995
pursuant to Commission Regulation (EC) No 3107/94 (
4), asamended
by Regulation (EC) No 1032/95 (5), covered all the annual quantity
available for China, 10 056 tonnesfor Poland, 137 tonnesfor 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 thebalancesavailable for each of the abovementioned countriesor groupsof countries;
Whereasthe quantity to be imported s hould 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
Agreementswith Bulgaria (
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 quantityhasnot been exhaus ted;
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 — 01.06.2003 — 007.001 — 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 exportlicencesand advance fixing certificatesfor agricultural products(
2), as
last amended by Regulation (EC) No 1199/95 (3);
Whereas a distinction should be drawn between traditional importers
and new importersand certain criteria relating to the s tatusof the
applicants 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 importerson the bas isof the quantitiesimportedrather than on the basis of the licences issued; whereas, for administra-
tive 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 Statesof the quantitiesfor which licenceshave not been us ed;
Whereasthe meas uresprovided for in thisRegulation are in accor-
dance with the opinion of the Management Committee for Products
Processed from Fruit and Vegetables and the Customs Code
Committee,
HAS ADOPTED THIS REGULATION:
Article 1
1. Tariff quotas for preserved mushrooms of the genus Agaricus
falling within CN codes0711 51 00, 2003 10 20 and 2003 10 30, s hownin 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 productsfalling within CN code 0711 51 00 (Serial No 09.4062) and23 % 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 Romania (Serial
No 09.4726), and no duty shall apply in the case of the above products
originating in Bulgaria (Serial No 09.4725).
Article 2
1. All importsforming part of the quotasreferred to in Article 1
shall be subject to submission of an import licence issued in accor-dance with thisRegulation.
2. In the case of countries other than Bulgaria
►
M4 ◄and Romania, the quotass hall 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 — 01.06.2003 — 007.001 — 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.▼M9
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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 licencess hall be valid for a period of nine monthsfrom
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 countriesother
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
licencespurs uant to Regulation (EEC) No 3107/94 or thisRegula-
tion in each of the previousthree calendar yearsand who have
imported the productsreferred to in Article 1 (1) in at leas t twoof the previousthree 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 each of the two previousyears . 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
importersin thiscategory have obtained import licencespurs uantto 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 importersreferred to in paragraph 1 s hall attach to their
application information enabling the competent national authoritiesto
verify to their satisfaction fulfilment of the conditions set out in para-graph 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 1291/2000, the
rights arising from import certificates shall not be transferable.1995R2125 — EN — 01.06.2003 — 007.001 — 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 countriesother than Bulgaria ►M4 ◄
and Romania, ◄box 20 of import licence applicationss hall contain
one of the following, asapplicable:
— ‘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 applicationspres ented by the traditional importers
referred to in Article 4(1)(a) may not relate in any six-month period
to a quantity exceeding 75 % of the average annual quantity of importsoriginating in countriesother than Bulgaria, Poland and Romania andeffected under thisRegulation in the preceding three calendar years .
2. Licence applicationspres ented by the new importersreferred to in
Article 4(1)(b) may not relate in any six-month period 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:
— each Wednesday in the case of applications made on Monday and
Tuesday,
— each Friday in the case of applications made on Wednesday and
Thursday,
— each Monday in the case of applications made on Friday of the
previousweek.
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 applicationsare lodged, provided that no s pecialmeasures are taken by the Commission in the meantime.
3. If the quantitiesapplied for exceed for any s upplier 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 quotasand, 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 isavailable to them.
Article 9
1. Article 35(6) of Regulation (EC) No 1291/2000 shall apply.1995R2125 — EN — 01.06.2003 — 007.001 — 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 authoritiesmayaccept 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 Agreements,
productsoriginating 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 languagesof 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 applicationsand import licencess hall 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 extractsfrom the replacement licence.
3. The replacement licence and, where appropriate, the extract or
extractss hall:
— 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 — 01.06.2003 — 007.001 — 6
(1) OJ No L 253, 11. 10. 1993, p. 1.▼B
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— indicate in boxes13, 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 ishereby repealed.The amount to be levied on importsfrom 1 July 1995 on the bas isand
during the period of validity of licencesfree from the additional
amount issued pursuant to Regulation (EC) No 3107/94 shall be the
ad valorem duty shown in Article 1.
Article 14
ThisRegulation s hall enter into force on the day of itspublication in
theOfficial Journal of the European Communities.
It shall apply with effect from 1 July 1995.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1995R2125 — EN — 01.06.2003 — 007.001 — 7
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ANNEX I
Allocationasreferred toinArticle 2intonnes(netdrainedweight)
Supplier country 1 January to 31 December of each year
Bulgaria 2 625 (*)
Romania 500
China 22 750Others3 290Reserve 1 000
(*) From 1 January to 31 December 2003, the allocation for Bulgaria shall be 2 313
tonnes.
As from 1 January 2005, the allocation for Bulgaria shall be increased by 250 tonnes
each year.1995R2125 — EN — 01.06.2003 — 007.001 — 8
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ANNEX II
List of competent Chinese authorities for issuing the certificates of origin and
duplicatesreferred to in Article 10(1):
— General Administration of Quality Supervision
— Entry-exit Inspection and Quarantine Bureau of the People's Republic of
China in:
Beijing Jiangxi Shenzhen
Shanxi Zhuhai Ningxia
Inner Mongolia Sichuan TianjinHebei Chongqing ShanghaiLiaoning Yunnan NingboJilin Guizhou Jiangsu
Shandong Shaanxi Guangxi
Zhejiang Gansu HeilongjiangAnhui Qinghai HainanHubei Tibet Henan
Guangdong Fujian Xinjiang
Xiamen Hunan1995R2125 — EN — 01.06.2003 — 007.001 — 9