1995R1921 — EN — 15.01.1999 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►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
►M1Commission Regulation (EC) No 2427/95 of 16 October 1995 L 249 12 17.10.1995
►M2Commission Regulation (EC) No 12/1999 of 7 January 1999 L 4 1 8.1.1999
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) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
1995R1921 — EN — 15.01.1999 — 002.001 — 2
▼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 vegetablesandrepealingRegulations(EEC)No2405/89and(EEC)No3518/86
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe 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 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 forthe application of the system of import licences and advance fixingcertificates for products processed from fruit and vegetables; whereas,as a result of the amendment to Regulation (EEC) No 426/86 byCouncil Regulation (EC) No 3290/94 (
4) on the adjustments and trans-
itional arrangements required in the agriculture sector in order to imple-ment the agreements concluded during the Uruguay Round of multilat-eral trade negotiations, the system of advance fixing should be abol-ished and certain amendments should be made accordingly to the ruleson import licences in the light of experience, while keeping the basicfeatures of the existingsystem unchang ed; whereas, for similar reasons,Commission Regulation (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 adoptedlayingdown detailed rules for the application of the system of importlicences and repealingReg ulations (EEC) No 2405/89 and (EEC) No3518/86;
Whereas the detailed rules for the application of the system of import
licences in question either supplement or derogate from CommissionRegulation (EEC) No 3719/88 of 16 November 1988 laying downcommon detailed rules for the application of the system of import andexport licences and advance fixingcertificates for ag ricultural prod-ucts(
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, provi-sion should be made for introducinga fixed period between the applica-tion for and the issue 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 ofthe security to be lodged for import licences should be fixed at levelswhich will enable 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 beindicated and that the importer be compelled to import from the countrythus indicated; whereas, however, in view of the characteristics of tradein the products concerned, provision should be made to allow thecountry of origin to be changed;
(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 — 15.01.1999 — 002.001 — 3
▼B
Whereas in licence applications applicants must indicate the combinednomenclature subheading; whereas, in the case of certain productsfallingwithin heading s 2008 and 2009 of the combined nomenclature, itis not always possible, owingto considerable variations in natural sug arcontent or to fluctuations in exchange rates, to know the exact subhead-ings at the time of application for licences; whereas special provisionshould be made for those products;
Whereas the fourth indent of Article 5 (1) of Regulation (EEC) No
3719/88 provides that no licence is required for the purposes of opera-tions relatingto quantities for which the amount of the security for thecorrespondinglicence would be ECU 5 or less; whereas Article 14 (3)of Regulation (EEC) No 3719/88 provides that no security is required inrespect of an import licence where the amount of security involved inECU 5 or less; whereas Article 14 (3) of Regulation (EEC) No 3719/88provides that no security is required in respect of an import or exportlicence where the amount of security involved is ECU 5 or less or,under certain circumstances, ECU 25 or less; whereas the application ofthese provisions to products processed from fruit and vegetables results,because of the range of security rates, in a wide variation in the quantityof products covered; whereas it is necessary, particularly with a view toadministrative simplification, to specify the quantity of products whichmay be imported thus without a licence; whereas the quantity belowwhich an import licence is to be issued without a security beinglodg edshould 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 Processedfrom 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 theAnnex 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) No3719/88.
2. For products for which import trends need to be monitored closely
in order to assess the risk of disturbance or threatened disturbance of themarket, the Commission may decide that import licences are to beissued on the fifth workingday followingthat on which applications arelodged.
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 Regu-
lation (EEC) No 3719/88, no security shall be required in respect of animport licence concerninga quantity not exceeding1 000 kilog rams.The second subparagraph of Article 14 (3) of Regulation (EEC) No3719/88 shall not apply.
3. Notwithstandingthe fourth indent of Article 5 (1) of Reg ulation
(EEC) No 3719/88, no licence shall be required for operations relatingto a quantity not exceeding500 kilog rams where the amount of thesecurity is less than ECU 1 per 100 kilograms.
1995R1921 — EN — 15.01.1999 — 002.001 — 4
▼B
Article 4
Where certain of the products fallingwithin one subheadingof thecombined nomenclature are subject to the system of import licences,licence applications and the import licences themselves shall contain insection 15 the description of products subject to the system and insection 16 the combined nomenclature code preceded by ‘ex'.Licences shall be valid for the products so described.
Article 5
1. For the products listed in the Annex, licence applications and theimport licences themselves shall indicate the country of origin in section8.Licences shall make it obligatory to import from the country of originindicated thereon.2. Holders of licences may apply, once only, to have the country oforigin 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, whereappropriate, one or more replacement extracts.However, if duringthe time taken to issue the replacement licencethe issue of licences for the new country of origin is suspended, thereplacement licence application concerned shall be rejected and theoriginal licence and, where appropriate, the extract or extracts shallbe 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 shownon 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.
▼
M2
▼B
TITLE II
Communications
Article 7
1. Member States shall communicate to the Commission no laterthan the fifth workingday of each month the particulars concerningthecountry of origin and the quantities of products for which importlicences were issued in the precedingmonth, broken down accordingtothe combined nomenclature and accordingto the description containedin the Annex.2. Duringperiods when Article 2 (2) applies, and notwithstandingparagraph 1, Member States shall communicate to the Commission anyparticulars referred to in paragraph 1 concerning applications for importlicences as follows:
1995R1921 — EN — 15.01.1999 — 002.001 — 5
▼B
— 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,
— each Monday, as regards applications made on Friday of the
previous week.
3. If no import licences have been issued duringa g iven calendar
month, the Member States concerned shall inform the Commissionaccordingly not later than 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 publica-
tion in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
1995R1921 — EN — 15.01.1999 — 002.001 — 6
CN code DescriptionAmount
EUR/100 kg
netTARIC code▼M2
ANNEX
List of products referred to in Articles 3(1) and 5(1)
0711 Vegetables, provisionally preserved (for example,
by sulphur dioxide gas, in brine, in sulphur wateror in other preservative solutions), but unsuitable inthat state for immediate consumption:
0711 90 −Other vegetables; mixtures of vegetables:
−−Vegetables:
−−−Mushrooms:
0711 90 40 −−−−Oftheg enusAgaricus 2,40
0711 90 60 −−−−Other 2,40
0806 Grapes, fresh or dried:
0806 20 −Dried:
−−In immediate containers of a net capacity not
exceeding2 kg :
0806 20 12 −−−Sultanas 2,40
0806 20 18 −−−Other 2,40
−−Other:
0806 20 92 −−−Sultanas 2,40
0806 20 98 −−−Other 2,40
0811 Fruit and nuts, uncooked or cooked by steamingorboilingin water, frozen, whether or not containingadded sugar or other sweetening matter:
0811 90 −Other:
−−Containingadded sug ar or other sweeteningmatter:
−−−With a sugar content exceeding 13 % byweight:
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 2,40
0812 Fruit and nuts, provisionally preserved (for
example, by sulphur dioxide gas, in brine, insulphur water or in other preservative solutions),but unsuitable in that state for immediate consump-tion:
1995R1921 — EN — 15.01.1999 — 002.001 — 7
▼M2
CN code DescriptionAmount
EUR/100 kg
netTARIC code
0812 10 00 −Cherries:
−−Sour cherries (Prunus cerasus) 2,40 *10
−−Other 2,40 *90
0813 Fruit, dried, other than that of headingNos 0801 to
0806; mixtures of nuts or dried fruits of thischapter:
−−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 aceticacid:
−Other:
2001 90 50 −−Mushrooms:
−−−Oftheg enusAgaricus 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 % byweight:
2002 90 11 −−−Inimmediate packings of a net content
exceeding1 kg0,70
2002 90 19 −−−Inimmediate packings of a net content not
exceeding1 kg0,70
−−With a dry matter content of not less than 12 %but not more than 30 % by weight:
2002 90 31 −−−Inimmediate packings of a net content
exceeding1 kg2,20
2002 90 39 −−−Inimmediate packings of a net content not
exceeding1 kg2,20
−−With a dry matter content of more than 30 % byweight:
2002 90 91 −−−Inimmediate packings of a net content
exceeding1 kg2,20
2002 90 99 −−−Inimmediate packings of a net content not
exceeding1 kg2,20
2003 Mushrooms and truffles, prepared or preservedotherwise 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 2,90
2005 Other vegetables prepared or preserved otherwise
than by vinegar or acetic acid, not frozen, otherthan products of headingNo 2006:
2005 60 00 −Asparagus 2,40
2008 Fruit, nuts and other edible parts of plants, other-wise prepared or preserved, whether or notcontainingadded sug ar or other sweeteningmatteror spirit, not elsewhere specified or included:
1995R1921 — EN — 15.01.1999 — 002.001 — 8
▼M2
CN code DescriptionAmount
EUR/100 kg
netTARIC code
2008 60 −Cherries:
−−Not containingadded spirit:
−−−Containingadded sug ar, in immediate pack-
ings of a net content exceeding 1 kg:
2008 60 51 −−−−Sour cherries (Prunus cerasus) 2,40
2008 60 59 −−−−Other 2,40
−−−Containingadded sug ar, in immediate pack-
ings of a net content not exceeding 1 kg:
2008 60 61 −−−−Sour cherries (Prunus cerasus) 2,40
2008 60 69 −−−−Other 2,40
−−−Not containingadded sug ar, in immediate
packings of a net content:
−−−−Of4,5kgor 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 containingadded spirit:
−−−Containingadded sug ar, in immediate pack-
ings of a net content exceeding 1 kg:
2008 70 61 −−−−With a sugar content exceeding 13 % by
weight0,70
2008 70 69 −−−−Other 0,70
−−−Containingadded sug ar, in immediate pack-
ings of a net content not exceeding 1 kg:
2008 70 71 −−−−With a sugar content exceeding 15 % by
weight0,70
2008 70 79 −−−−Other 0,70
2009 Fruit juices (including grape must) and vegetable
juices, unfermented and not containingadded spirit,whether or not containingadded sug ar or othersweeteningmatter:
−Orange juice:
−−Frozen:
−−−Ofa density not exceeding1,33 g /cm3at
20°C:
2009 11 99 −−−−Other: 1,40