Commission Regulation (EC) No 2865/98 of 30 December 1998 on managing the ceilings for imports of fresh and processed sour cherries originating in the Republics of Bosnia-Herzegovina and Croatia
Date: 1998-12-30
Institutions: European Commission
Subjects: Yugoslavia, import licence, originating product, stone fruit, tariff policy

L 358/98

EN

Official Journal of the European Communities

31. 12. 98

COMMISSION REGULATION (EC) No 2865/98

of 30 December 1998

on managing the ceilings for imports of fresh and processed sour cherries
originating in the Republics of Bosnia-Herzegovina and Croatia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

ries should be limited to their harvesting and marketing
season;

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 70/97 of 20
December 1996 concerning the arrangements applicable
to imports into the Community of products originating in
the Republics of Bosnia-Herzegovina and Croatia and to
imports of wine originating in the Former Yugoslav
Republic of Macedonia and the Republic of Slovenia (1), as
last amended by Regulation (EC) No 2863/98 (2), and in
particular Article 10 thereof,

Whereas the second subparagraph of Article 6(1) of Regu-
lation (EC) No 70/97 states that import licences are to be
issued to ensure the management of the ceilings of 2 500
tonnes of fresh sour cherries and of 12 800 tonnes of
processed sour cherries fixed in Annex D to that Regula-
tion; whereas the grant of preference should be made
subject to the submission of licences issued in accordance
with this Regulation;

Whereas this Regulation replaces Commission Regulation
(EC) No 122/98 (5), as amended by Regulation (EC) No
1057/98 (6), applicable from 1 January to 31 December
1998; whereas, therefore, in the interests of clarity, that
Regulation should be repealed;

Whereas, to ensure proper management of the tariff ceil-
ings, this Regulation should apply from 1 January 1999;

Whereas Article 2 of Council Regulation (EC) No 1103/
97 of 17 June 1997 on certain provisions relating to the
the euro (7) provides that as from 1
introduction of
January 1999, all references to the ecu in legal instru-
ments are to be replaced by references to the euro at the
rate of EUR 1 to ECU 1; whereas, for the sake of clarity,
the denomination ‘euro' should be used in this Regula-
tion since it is to apply from 1 January 1999;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Joint Management
Committee for Fresh and Processed Fruit and Vegetables,

the system of

Whereas Commission Regulation (EC) No 1921/95 of 3
August 1995 laying down detailed rules for the applica-
tion of
for products
import
processed from fruit and vegetables (3), as amended by
Regulation (EC) No 2427/95 (4), should apply to all the
products covered by this Regulation,
to the
specific provisions of this Regulation;

licences

subject

Whereas, to ensure efficient management of the tariff
ceilings, provision should be made for licences to be
issued after a period allowing checks on quantities and for
Member States to send regular reports;

Whereas measures must be taken automatically and very
quickly once the demand for licences reaches one of the
ceilings
the Commission should be
enabled to take the necessary measures;

fixed; whereas

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down detailed rules for the manage-
ment of the tariff ceilings referred to in Regulation (EC)
No 70/97 for fresh sour cherries falling within CN code
0809 20 05, and 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 originating in the Republics of Bosnia-Herze-
govina and Croatia.

Article 2

Whereas, for practical reasons, the applicability of some
provisions of this Regulation governing fresh sour cher-

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.

(1) OJ L 16, 18. 1. 1997, p. 1.
(2) See page 85 of this Official Journal.
(3) OJ L 185, 4. 8. 1995, p. 10.
(4) OJ L 249, 17. 10. 1995, p. 12.

(5) OJ L 11, 17. 1. 1998, p. 15.
(6) OJ L 151, 21. 5. 1998, p. 25.
(7) OJ L 162, 19. 6. 1997, p. 1.

31. 12. 98

EN

Official Journal of the European Communities

L 358/99

Subject to the specific provisions of this Regulation,
2.
Regulation (EC) No 1921/95 shall apply to the products
referred to in Article 1.

Section 24 of import licences shall contain one of

3.
the following:

— Derecho preferencial ad valorem — Reglamento (CE)

no 70/97

— Præferenceværditold — Forordning (EF) nr. 70/97
— Pr(cid:132)ferenzieller Wertzoll — Verordnung (EG) Nr. 70/

97

— Pqotilgsiaj(cid:149)r dasl(cid:149)r ad valorem — Jamomisl(cid:149)r (EJ)

aqih. 70/97

— Preferential ad valorem duty — Regulation (EC) No

70/97

— Droit ad valorem pr(cid:130)f(cid:130)rentiel — R(cid:138)glement (CE) no

70/97

— Dazio ad valorem preferenziale — Regolamento (CE)

n. 70/97

— Preferentieel ad-valoremrecht — Verordening (EG) nr.

70/97

— Direito preferencial ad valorem — Regulamento (CE)

nº 70/97

— Arvotullietuus — asetus (EY) N:o 70/97
— S(cid:132)rskild v(cid:132)rdetull — F(cid:148)rordning (EG) nr 70/97.

Section 8 of both licence applications and import
4.
licences shall show the country of origin and the word
‘yes' shall be marked with a cross.

5.
Import licences shall be valid for one month from
the effective date of issue in the case of fresh sour cherries
and three months in the case of processed sour cherries,
but shall not be valid after 31 December of the year
concerned.

6. Article 5(2) of Regulation (EC) No 1921/95 shall
apply only between the third countries referred to in this
Regulation.

In the case of

the issue of
7.
licences shall be subject to lodging a security of EUR 1,5
per 100 kilograms net weight.

fresh sour cherries,

Article 3

1.
The Member States shall provide data on applica-
tions for licences in accordance with Article 7(2) of Regu-
lation (EC) No 1921/95 and, where applicable, on the
quantities for which the import licences issued have not
been used.

2.
In the case of fresh sour cherries, these reports shall
be confined to the period between 1 May and 30
September.

Article 4

1.
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
mean time.

2. When the quantity covered by licences applied for
reaches one of the ceilings laid down in Regulation (EC)
No 70/97, 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

Regulation (EC) No 122/98 is repealed with effect from 1
January 1999.

Article 6

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

It shall apply from 1 January to 31 December 1999.

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

Done at Brussels, 30 December 1998.

For the Commission

Karel VAN MIERT

Member of the Commission