Commission Regulation (EC) No 123/98 of 16 January 1998 on managing the ceilings for imports of fresh and processed sour cherries originating in the former Yugoslav Republic of Macedonia
Date: 1998-01-16
Institutions: European Commission
Subjects: North Macedonia, fresh fruit, fruit product, import licence, stone fruit, tariff ceiling

17. 1. 98

EN

Official Journal of the European Communities

L 11/17

COMMISSION REGULATION (EC) No 123/98

of 16 January 1998

on managing the ceilings for imports of fresh and processed sour cherries
originating in the former Yugoslav Republic of Macedonia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

make the grant of preference subject to the presentation
of licences issued in accordance with this Regulation;

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 77/98 of 9
January 1998 on certain detailed rules for the application
of the Cooperation Agreement between the European
Community and the former Yugoslav Republic of Mace-
donia (1), and in particular Article 1 thereof,

Whereas Commission Regulation (EC) No 1556/96 of 30
July 1996 introducing a system of import licences for
certain fruit and vegetables imported from third coun-
tries (2), as last amended by Regulation (EC) No 1064/
97 (3), requires an import licence to be presented for fresh
sour cherries falling within CN code 0809 20 05, among
other products, before they can be released into free
circulation;

Whereas for practical reasons, some provisions of this
Regulation governing sour cherries should be limited to
their harvesting and marketing season;

licences

the system of

Whereas Commission Regulation (EC) No 1921/95 of 3
August 1995 laying down detailed rules for the applica-
for products
import
tion of
processed from fruit and vegetables and repealing Regula-
tions (EEC) No 2405/89 and (EEC) No 3518/86 (4), as last
amended by Regulation (EC) No 2427/95 (5), subjects
processed sour cherries
falling within CN codes ex
0811 90 19, ex 0811 90 39, 0811 90 75, ex 0812 10 00,
2008 60 51, 2008 60 61, 2008 60 71 and 2008 60 91,
among other products, to the import licence system;

between

Agreement

Whereas, to simplify administration, the ceilings of 500
tonnes for
fresh sour cherries and 7 000 tonnes for
processed sour cherries laid down in Annex D to the
Cooperation
European
Community and the former Yugoslav Republic of Mace-
donia (6), and referred to in Article 1 of Regulation (EC)
No 77/98 should be managed exactly the same as the
ceilings in Commission Regulation (EC) No 122/98 of 16
January 1998 on managing the ceilings for imports of
fresh and processed sour cherries originating in the
Republics of Bosnia-Herzegovina and Croatia (7), and to

the

(1) OJ L 8, 14. 1. 1998, p. 1.
(2) OJ L 193, 3. 8. 1996, p. 5.
(3) OJ L 156, 13. 6. 1997, p. 3.
(4) OJ L 185, 4. 8. 1995, p. 10.
(5) OJ L 249, 17. 10. 1995, p. 12.
(6) OJ L 348, 18. 12. 1997, p. 1.
(7) See page 15 of this Official Journal.

Whereas measures must be taken very quickly and auto-
matically once the demand for licences reaches one of
the ceilings fixed; whereas the Commission should be
allowed to take the necessary measures;

Whereas the measures provided for in this Regulation are
the Management
in accordance with the opinion of
Committees for Fresh Fruit and Vegetables and for Prod-
ucts Processed from Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation governs the management of the tariff
ceilings referred to in Regulation (EC) No 77/98 for fresh
sour cherries falling within CN code 0809 20 05, and
processed sour
falling within CN codes
0811 90 75, ex 0812 10 00, ex 0813 40 95, 2008 60 51,
2008 60 61, 2008 60 71 and 2008 60 91 originating in the
former Yugoslav Republic of Macedonia.

cherries

Article 2

1. All imports under the ceilings referred to in Article
1 shall be subject to the presentation of an import licence
issued in accordance with this Regulation.

2.
Subject to the specific provisions of this Regulation,
Regulation (EC) No 1556/96 shall apply to fresh sour
cherries and Regulation (EC) No 1921/95 shall apply to
processed sour cherries.

The import licence shall contain in Section 24 one

3.
of the following:

 Derecho preferencial

ad valorem  Reglamento

(CE) no 77/98

 Præferenceværditold  Forordning (EF) nr. 77/98

 Präferentieller Wertzoll  Verordnung (EG) Nr. 77/

98

L 11/18

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Official Journal of the European Communities

17. 1. 98

 Προτιµησιακ(cid:149)r δασµ(cid:149)r ad valorem  Κανονισµ(cid:149)r

Article 4

(ΕΚ) αριθ. 77/98

 Preferential ad valorem duty  Regulation (EC)

No 77/98

 Droit ad valorem préférentiel  Règlement (CE) no

77/98

 Dazio ad valorem preferenziale  Regolamento (CE)

n. 77/98

 Preferentieel ad valorem-recht  Verordening (EG)

nr. 77/98

 Direito preferencial ad valorem Regulamento (CE)

nº 77/98

 Arvotullietuus  asetus (EY) N:o 77/98
 Särskild värdetull  Förordning (EG) nr 77/98.

4.
The country of origin shall be entered in Section 8
of both the licence application and the import licence
and the word ‘yes' shall be marked with a cross.

Article 3

The Member States

1.
applications for licences in accordance with:

shall provide the data on

(a) Article 5 of Regulation (EC) No 1556/96 in the case
of fresh sour cherries in the period 1 May to 30
September;

(b) Article 7 of Regulation (EC) No 1921/95 in the case

of processed sour cherries.

2.
In the case of processed sour cherries, the Member
States shall notify the Commission of the quantities for
which the import
licences were not used, once such
information becomes available.

1.
The licences shall be issued on the fifth working day
following lodging of the application, provided that special
measures have not been taken by the Commission in the
meantime.

2. When the quantity in the licences applied for
reaches one of the ceilings referred to in Regulation (EC)
No 77/98, the Commission shall fix, if necessary, a flat-
rate percentage reduction for the applications in question
and suspend the issue of licences for any subsequent
application under the ceiling in question.

Article 5

At the request of the interested party, unused or partly
used licences for the products and origin referred to in
Article 1 that were issued pursuant to Regulation (EC) No
1921/95 before the entry into force of this Regulation
and that have not passed their final date of validity shall
be cancelled and the security shall be released for the
amount unused.

Article 6

This Regulation shall enter into force on the third day
following that of its publication in the Official Journal
of the European Communities.

It shall apply with effect from 1 January 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 16 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission