Commission Regulation (EC) No 1104/2000 of 25 May 2000 adopting a protective measure applying to imports of garlic originating in China
Date: 2000-05-25
Institutions: European Commission
Subjects: China, bulb vegetable, import, originating product, protective clause

26.5.2000

EN

Official Journal of the European Communities

L 125/21

COMMISSION REGULATION (EC) No 1104/2000

of 25 May 2000

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European
Community,

On 24 February 2000 France and Spain asked the
Commission to continue applying the protective meas-
ures in respect of imports of garlic beyond 31 May
2000.

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
1257/1999 (2), and in particular Article 37(2) thereof,

(4)

Whereas:

(1)

(2)

the system of

Commission Regulation (EEC) No 1859/93 of 12 July
import
1993 on the application of
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.

Since 1993 the Commission has recorded a very sharp
rise in imports of garlic originating in China as
compared with preceding years. Given their price,
further imports could have brought about such serious
disturbance of the Community market as to jeopardise
the objectives of Article 33 of the EC Treaty, and in
to damage Community producers. The
particular
Commission accordingly adopted a protective measure
by Regulation (EC) No 1213/94 (5), as last amended by
Regulation (EC) No 2815/94 (6), to limit the quantity
covered by import licences issued for garlic originating
in China for the 1994/1995 marketing year to a given
quantity per month. That measure was renewed by
Commission 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, by Commission Regulation (EC)
No 903/97 (10) for the period 1 June 1997 to 31 May
1998, by Commission Regulation (EC) No 1137/98 (11)
for the period 1 June 1998 to 31 May 1999, and by
Commission Regulation (EC) No 1040/1999 (12), as last
amended by Regulation (EC) No 51/2000 (13), for the
period 1 June 1999 to 31 May 2000.

(5)

(6)

(7)

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 160, 26.6.1999, p. 80.
(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.
(11) OJ L 157, 30.5.1998, p. 107.
(12) OJ L 127, 21.5.1999, p. 10.
(13) OJ L 6, 11.1.2000, p. 18.

Each month import licence applications for garlic origin-
ating in China cover quantities
far exceeding the
monthly quantity fixed in Regulation (EC) No 1040/
1999. Moreover, the scale of applications submitted on
the first day of each monthly period has meant that
throughout
licences have
the marketing year import
been issued for less than 1 % of the quantities applied
for and the quantities applied for above that percentage
have been rejected. This systematic overrun shows that
for this
there is continuing pressure on the market
product
are
adopted, the Community market in garlic could be seri-
ously disturbed by huge quantities imported from China.
It is therefore vital for the protective measure applying
to garlic originating in China to be renewed.

and that, unless protective measures

Import
licences issued should be limited to a given
quantity by period from 1 June 2000 to 31 May 2001.
The issuing of such licences should be suspended once
that quantity has been attained. The licences issued for
the months of December and January should be grouped
together in order to facilitate administrative manage-
ment at national and Community level of the market,
which could be disturbed by the Christmas and New
Year holidays.

Certain criteria as to the status of applicants and the use
licences issued should be laid down in order to
of
prevent the lodging for speculative reasons of licence
applications not related to real trade on the market for
garlic.

Possible abuse of Commission Regulation (EEC) No
3719/88 (14), as last amended by Regulation (EC) No
1127/1999 (15), involving regular and repeated imports
of small quantities of garlic from China which combine
to circumvent the aim of this protective measure must
be prevented. To that end, the fourth indent of the first
subparagraph of Article 5(1) of Regulation (EEC) No
3719/88 should not apply to the release for free circula-
tion of garlic originating in that country,

(14) OJ L 331, 2.12.1988, p. 1.
(15) OJ L 135, 29.5.1999, p. 48.

L 125/22

EN

Official Journal of the European Communities

26.5.2000

HAS ADOPTED THIS REGULATION:

Article 1

1.
For the period 1 June 2000 to 31 May 2001, 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.

During the period referred to in the fourth indent of the
2.
first subparagraph of Article 5(1) of Regulation (EEC) No 3719/
88 shall not apply to releases for free circulation of garlic
originating in China.

The maximum quantity for each period as referred to in

3.
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;

(c) unused quantities from licences issued previously of which

the Commission has been informed.

4. Where the Commission establishes, on the basis of infor-
mation forwarded to it by the Member States under 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 import licences for garlic
originating in China may be issued.

Article 2

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

‘Importers of fruit and vegetables’ means traders, natural
2.
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. Compliance with that 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. Where importers
in this category have obtained import licences under Regula-
tion (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 least five days apart,
in each period as referred to in the Annex hereto. Each applica-
tion may cover no more than 50 % of the quantity mentioned
in the Annex for the period in question.

In support of their applications,

importers within the
4.
meaning of paragraph 2 shall provide information permitting
verification of compliance with the conditions referred to in
that paragraph to the satisfaction of the competent national
authorities.

5.
Notwithstanding Article 9 of Regulation (EEC) No 3719/
88, rights arising from import licences allocated for products as
referred to in Article 1(1) of this Regulation shall not be
transferable.

Article 3

This Regulation shall enter into force on 29 May 2000.

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

Done at Brussels, 25 May 2000.

For the Commission

Franz FISCHLER

Member of the Commission

26.5.2000

EN

Official Journal of the European Communities

L 125/23

ANNEX

Period

Period in which application is submitted

Quantity

(tonnes)

June

July

August

September

October

November

December 2000 to January
2001

February

March

April

May

29 May to 2 July 2000

3 to 30 July 2000

31 July to 27 August 2000

28 August to 1 October 2000

2 to 22 October 2000

23 October to 26 November 2000

27 November 2000 to 28 January 2001

29 January to 25 February 2001

26 February to 25 March 2001

26 March to 2 May 2001

3 May to 31 May 2001

1 000

1 000

1 000

1 000

1 000

1 000

2 000

1 000

1 000

1 000

1 000