Commission Regulation (EC) No 1137/98 of 29 May 1998 adopting a protective measure applying to imports of garlic originating in China
Date: 1998-05-29
Institutions: European Commission
Subjects: China, bulb vegetable, import licence, originating product, protective clause, quantitative restriction

30. 5. 98

EN

Official Journal of the European Communities

L 157/107

COMMISSION REGULATION (EC) No 1137/98

of 29 May 1998

adopting a protective measure applying to imports of garlic originating in China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2200/96 of
28 October 1996 on the common organisation of the
amended by
and vegetables (1),
market
Commission Regulation (EC) No 2520/97 (2), and in
particular Article 37(2) thereof,

in fruit

as

Whereas Commission Regulation (EEC) No 1859/93 of
12 July 1993 on the application of the system of import
licences for garlic imported from third countries (3), as
amended by Regulation (EC) No 1662/94 (4), stipulates
that the release for free circulation in the Community of
garlic imported from third countries is subject to the
presentation of import licences;

Whereas on 1 and 6 April 1998 the French Republic and
the Kingdom of Spain respectively
requested the
Commission to take protective measures against imports
of garlic;

Whereas in 1993 the Commission recorded a very sharp
rise in imports of garlic originating in China as compared
with preceding years; whereas, given their price, further
imports could have brought about such serious disturb-
ance of the Community market as to jeopardise the ob-
jectives of Article 39 of the EC Treaty and in particular to
damage Community producers; whereas the Commission
accordingly adopted a protective measure by Commission
Regulation (EC) No 1213/94 (5), as last amended by Regu-
lation (EC) No 2815/94 (6), to limit the quantity covered
by import licences issued for garlic originating in China
for the 1994/95 marketing year to a given quantity per
month; whereas this measure was renewed by Commis-
sion Regulation (EC) No 1153/95 (7), as last amended by
Regulation (EC) No 2944/95 (8), for the period 1 June
1995 to 31 May 1996, by Commission Regulation (EC)
No 885/96 (9) for the period 1 June 1996 to 31 May 1997
and by Commission Regulation (EC) No 903/97 (10) for
the period 1 June 1997 to 31 May 1998;

(1) OJ L 297, 21. 11. 1996, p. 1.
(2) OJ L 346, 17. 12. 1997, p. 41.
(3) OJ L 170, 13. 7. 1993, p. 10.
(4) OJ L 176, 9. 7. 1994, p. 1.
(5) OJ L 133, 28. 5. 1994, p. 36.
(6) OJ L 298, 19. 11. 1994, p. 26.
(7) OJ L 116, 23. 5. 1995, p. 23.
(8) OJ L 308, 21. 12. 1995, p. 17.
(9) OJ L 119, 16. 5. 1996, p. 12.
(10) OJ L 130, 22. 5. 1997, p. 6.

the whole marketing

Whereas each month import
licence applications in
respect of garlic originating in China have covered quant-
ities far exceeding the monthly quantity fixed by Regula-
tion (EC) No 903/97; whereas, moreover, the number of
applications submitted on the first day of each monthly
period led throughout
year
concerned to import licences being issued for quantities
equal to less than 1 % of the quantities applied for and to
the rejection of applications submitted thereafter; whereas
this systematic overrun shows that there is continuing
pressure on the market for this product and that, unless
protective measures are adopted, the Community market
in garlic could be seriously disturbed by huge quantities
imported from China; whereas it is therefore vital for the
protective measure applying to garlic originating in China
to be renewed;

Whereas import licences issued should be limited to a
given quantity by period from 1 June 1998 to 31 May
1999 and the issuing thereof should be suspended once
that quantity has been attained;

Whereas certain criteria as to the status of applicants and
the use of licences issued should be fixed,

HAS ADOPTED THIS REGULATION:

Article 1

1.
For the period 1 June 1998 to 31 May 1999, import
licences for garlic (CN code 0703 20 00) originating in
China shall be issued for up to 12 000 tonnes only,
subject to a maximum quantity for each period as set out
in the Annex and to the conditions laid down in this
Regulation.

The maximum quantity for each period as referred to

2.
in paragraph 1 shall be equal to the sum of:

(a)

the quantity set out in the Annex;

(b) quantities not applied for from the preceding period;

and

(c) unused quantities from licences issued previously of

which the Commission has been informed.

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Official Journal of the European Communities

30. 5. 98

3. Where the Commission establishes, on the basis of
information forwarded to it by the Member States
pursuant to Article 4 of Regulation (EEC) No 1859/93,
that there is a risk that the maximum quantity for any
period may be exceeded, it shall lay down the conditions
under which licences may be issued.

Article 2

1. Applications for import licences for garlic origin-
ating in China may be lodged only by importers of fruit
and vegetables within the meaning of paragraph 2.

Importers of

2.
fruit and vegetables means traders,
natural or legal persons, individuals or groups that have
imported and/or exported at least 50 tonnes of fruit and
vegetables as referred to in Article 1(2) of Regulation (EC)
No 2200/96 in each of the previous two years. Compli-
ance with this condition shall be certified by registration
in a trade register held by the Member State or by any
other proof accepted by the Member State and by proof of
import and/or export. When importers in this category
have obtained import licences under Regulation (EEC)
No 1859/93 in the previous calendar year, they must
show proof of having put in free circulation, on their own

account, be it as a natural or legal person, at least 50 % of
the quantity allocated to them.

3.
Importers within the meaning of paragraph 2 may
lodge no more than two licence applications, at an
interval of at least five days, for each of the periods
referred to in the Annex to this Regulation. Each of the
applications may cover a quantity of no more than 50 %
of the quantity mentioned in the Annex for the period in
question.

in support of

Importers within the meaning of paragraph 2 shall
4.
information
provide,
permitting
the
competent national authorities of the conditions referred
to in that paragraph.

their applications,

verification to

satisfaction of

the

5.
By derogation from Article 9 of Regulation (EC) No
3719/88, the rights arising from import licences allocated
for the products referred to in Article 1(1) of this Regula-
tion shall not be transferable.

Article 3

This Regulation shall enter into force on 1 June 1998.

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

Done at Brussels, 29 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

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ANNEX

(tonnes)

Period

Period for lodging applications

Quantity

June

July

August

September

October

November

December

January

February

March

April

May

1 June to 2 July 1998

3 July to 6 August 1998

7 August to 3 September 1998

4 September to 1 October 1998

2 October to 5 November 1998

6 November to 3 December 1998

4 December 1998 to 7 January 1999

8 January to 4 February 1999

5 February to 4 March 1999

5 March to 1 April 1999

2 April to 6 May 1999

7 May to 31 May 1999

1 000

1 000

1 000

1 000

1 000

1 000

1 000

1 000

1 000

1 000

1 000

1 000