Commission Regulation (EC) No 1040/1999 of 20 May 1999 adopting a protective measure applying to imports of garlic originating in China
Date: 1999-05-20
Institutions: European Commission
Subjects: China, bulb vegetable, import, protective clause

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EN

Official Journal of the European Communities

21. 5. 1999

COMMISSION REGULATION (EC) No 1040/1999

of 20 May 1999

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
market in fruit and vegetables (1), as last amended by
Regulation (EC) No 857/1999 (2), and in particular Article
37(2) thereof,

(1) 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 circu-
lation in the Community of garlic imported from
third countries is subject to the presentation of
import licences;

(2) Whereas on 14 April 1999 the Kingdom of Spain
requested the Commission to take protective meas-
ures against imports of garlic;

(3) 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 disturbance of the Community
market as to jeopardise the objectives of Article 39
of
the EC Treaty, and in particular to damage
Community producers; whereas the Commission
accordingly adopted a protective measure by Regu-
lation (EC) No 1213/94 (5), as last amended by
Regulation (EC) No 2815/94 (6),
the
to limit
licences issued for
quantity covered by import
garlic originating in China
the 1994/95
marketing year to a given quantity per month;
whereas this measure was renewed by Commission
Regulation (EC) No 1153/95 (7), as amended by
Regulation (EC) No 2944/95 (8), for the period 1
June 1995 to 31 May 1996, by Commission Regu-
lation (EC) No 885/96 (9) for the period 1 June
1996 to 31 May 1997, Commission Regulation (EC)

for

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 108, 27.4.1999, p. 7.
(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.

No 903/97 (10) for the period 1 June 1997 to 31
May 1998, and by Commission Regulation (EC) No
1137/98 (11) for the period from 1 June 1998 to 31
May 1999;

the whole marketing

(4) Whereas each month import licence applications
in respect of garlic originating in China have
covered quantities
far exceeding the monthly
quantity fixed by Regulation (EC) No 1137/98;
whereas, moreover,
the number of applications
submitted on the first day of each monthly period
led
year
throughout
concerned to import
licences being issued for
quantities equal to less than 2,5 % of the quantities
applied for and to the rejection of applications
systematic
submitted thereafter; whereas
overrun shows that there is continuing pressure on
the market for this product and that, unless protec-
tive measures are adopted, the Community market
in garlic could be seriously disturbed by huge
is
quantities imported from China; whereas it
therefore vital for the protective measure applying
to garlic originating in China to be renewed;

this

(5) Whereas import licences issued should be limited
to a given quantity by period from 1 June 1999 to
31 May 2000 and the issuing thereof should be
suspended once that quantity has been attained;

(6) Whereas certain criteria as to the status of appli-
cants and the use of licences issued should be fixed,

HAS ADOPTED THIS REGULATION:

Article 1

For the period 1 June 1999 to 31 May 2000, import
1.
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.

(10) OJ L 130, 22.5.1997, p. 6.
(11) OJ L 157, 30.5.1998, p. 107.

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The maximum quantity for each period as referred

2.
to 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.

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

Article 3

This Regulation shall enter into force on 1 June 1999.

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

Done at Brussels, 20 May 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 331, 2.12.1988, p. 1.

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ANNEX

Periods

Period in which application is submitted

Quantities

(tonnes)

June

July

August

September

October

November

December

January

February

March

April

May

1 to 30 June 1999

1 July to 1 August 1999

2 to 31 August 1999

1 to 30 September 1999

1 October to 2 November 1999

3 November to 1 December 1999

2 December 1999 to 2 January 2000

3 to 31 January 2000

1 to 29 February 2000

1 March to 2 April 2000

3 April to 1 May 2000

2 to 31 May 2000

1 000

1 000

1 000

1 000

1 000

1 000

1 000

1 000

1 000

1 000

1 000

1 000