1995R2125 — EN — 01.01.2001 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2125/95
of6September1995
openingandprovidingfortheadministrationoftariffquotasforpreservedmushroomsofthegenus
►M2 ◄
(OJ L 212, 7.9.1995, p. 16)
Amended by:
OfficialJournal
No page date
►M1 Commission Regulation (EC) No 2723/95 of 24 November 1995 L 283 12 25.11.1995
►M2 Commission Regulation (EC) No 2405/97 of 3 December 1997 L 332 32 4.12.1997
►M3 Commission Regulation (EC) No 2493/98 of 18 November 1998 L 309 38 19.11.1998
►M4 Commission Regulation (EC) No 2858/2000 of 27 December 2000 L 332 59 28.12.2000
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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 CouncilRegul ation (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 Regulation
(EC) No 1032/95 (2), and in particular Article 12 (1) thereof,
Having regard to CouncilRegul ation (EC) No 3290/94 of 22 December
1994 on the adjustments and transitionalarrangements 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,
Community tariff quotas for preserved mushrooms of the genusAgaricus spp. falling within CN codes 0711 90 40, 2003 10 20 and
2003 10 30; whereas these quotas should therefore be opened andconditions laid down 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 forthis purpose 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 opened forthe period 1 July to 31 December 1995 corresponding to the balancesavailable for each of the abovementioned countries or groups ofcountries;
Whereas the quantity to be imported should be allocated between the
supplier countries, account being taken of traditional patterns of trade, ofnew suppliers and of preferences as provided for in the Europe
Agreements with 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 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; whereas thosearrangements must involve the issuing of licences at the end of a periodin which the quantities are checked and the necessary notifications 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 — 01.01.2001 — 002.001 — 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 export licences andadvance 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 be
allocated fairly;
Whereas it is more appropriate to establish henceforth an allocation
between traditionalimporters 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 retainthe transitionalperiod provided for in Regul ation (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 whichlicences have not been used;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Products Processedfrom Fruit and Vegetables and the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
1. The tariff quotas for preserved mushrooms of the genus Agaricus
covered by CN codes 0711 90 40, 2003 10 20 and 2003 10 30 set out inAnnex I are hereby opened subject to the rules of application laid downherein.
2. The rate of duty applicable shall be 12 % ad valorem in the case of
products covered by CN code 0711 90 40 (serialNo 09.4062) and 23 %in the case of products covered by CN codes 2003 10 20 and 2003 10 30(serial No 09.4063). However, a single rate of 8,4 % shall apply where
the above products originate in Bulgaria (serial No 09.4725) or Romania
(serialNo 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 accordance withthis Regulation.
2. In the case of countries other than Bulgaria ►
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and Romania, the quotas shall be allocated among the supplier countriesin accordance with Annex I, except for a part thereof which shallconstitute a reserve. The allocation may be adjusted on the basis ofinformation regarding the quantities for which licences have been issuedas at 30 June.1995R2125 — EN — 01.01.2001 — 002.001 — 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.▼M4
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Article 3
1. Regulation (EC) No 1921/95 shall apply, with the exception of
Article 5 (2) thereof, subject to the provisions of this Regulation.
2. Import licences shall be valid for a period of ►M3nine◄
months from the effective date of issue within the meaning of Article 21(2) of Regulation (EEC) No 3719/88, but shall not be valid after 31December of the year concerned.
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 traditionalimporters.
‘Traditionalimporters’ means importers who have obtained import
licences pursuant to Regulation (EEC) No 3107/94 or thisRegulation 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 January 1999 importersmust also furnish proof that they have imported and/or exported atleast 100 tonnes of processed fruit and vegetable products, asreferred to in Article 1 (2) of Council Regulation (EC) No 2201/96 (
1), 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, naturalor l egalpersons, individual s or groups thathave 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 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 bythe Member State and by proof of import and/or export. Whenimporters in this category have obtained import licences pursuant tothis Regulation in the previous calendar year, they must show proofof having 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 attach to 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.►
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 2125/951995R2125 — EN — 01.01.2001 — 002.001 — 4
(1) OJ L 297, 21. 11. 1996, p. 29.▼B
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Article 5
1. Licence applications presented by the traditional importers referred
to in Article 4(1)(a) may not relate in any six-month period to a quantityexceeding 75 % of the average annualquantity of imports originating incountries 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 Article 1 in accordance withArticle 7 (2) of Regulation (EC) No 1921/95, giving separate figures forthe 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 special measures
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 quantities
from 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, of their
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 informationis available to them.
Article 9
1. Article 33 (5) of Regulation (EEC) No 3719/88 shall apply.
2. In the case of quantities imported within the tolerance referred to
in Article 8 (4) of Regulation (EEC) No 3719/88 the import duty
provided 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 may accept aduplicate of the certificate of origin.
2. The authorities competent to issue the certificate of origin and
duplicates shall be those indicated in Annex II.1995R2125 — EN — 01.01.2001 — 002.001 — 5
(1) OJ No L 253, 11. 10. 1993, p. 1.▼B
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3. In accordance with Protocol4 to the Europe Agreements, products
originating in Bulgaria ►M4 ◄and Romania 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 the exporter or an invoice.
Article 11
1. Import licences shall show the following in box 24, in one of the
officiall anguages of the European Union:
— ‘Derecho de aduana … % — Reglamento (CE) no2125/95’,
— ‘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) no2125/95’,
— ‘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, oneor 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,
— 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 amountissued 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 Communities.1995R2125 — EN — 01.01.2001 — 002.001 — 6
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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 — 01.01.2001 — 002.001 — 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 each year
Bulgaria 1 750
Romania 500China 22 750
Others 3 290
Reserve 1 000
Total29 2901995R2125 — EN — 01.01.2001 — 002.001 — 8
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ANNEX 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).1995R2125 — EN — 01.01.2001 — 002.001 — 9