Commission Regulation (EC) No 1047/2001 of 30 May 2001 introducing a system of import licences and certificates of origin and establishing the method for managing tariff quotas for garlic imported from third countries
Date: 2001-05-30
Institutions: European Commission
Subjects: bulb vegetable, certificate of origin, import licence, originating product, tariff quota, third country

31.5.2001

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Official Journal of the European Communities

L 145/35

COMMISSION REGULATION (EC) No 1047/2001

of 30 May 2001

introducing a system of import licences and certificates of origin and establishing the method for
managing tariff quotas for garlic imported from third countries

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 Commission Regu-
lation (EC) No 911/2001 (2), and in particular Article 31(2)
thereof,

Having regard to Council Decision 2001/404/EC of 28 May
2001 on the conclusion of an Agreement in the form of an
Exchange of Letters between the European Community and
Argentina pursuant to Article XXVIII of the General Agreement
on Tariffs and Trade (GATT) 1994 for the modification of
concessions with respect to garlic provided for in Schedule CXL
annexed to GATT (3), and in particular Article 2 thereof,

Whereas:

(1)

(2)

Following negotiations conducted in accordance with
Article XXVIII of GATT 1994, the Community amended
the conditions for the import of garlic. From 1 June
2001 the normal customs duty for imports of garlic
falling within CN code 0703 20 00 consists of an ad
valorem customs duty of 9,6 % and a specific amount of
EUR 1 200 per tonne net. However, a quota of 38 370
tonnes free of specific duty was opened by Decision
2001/404/EC, hereafter called the ‘GATT quota’. The
Annex to that Decision stipulates that the quota is to be
divided up into 19 147 tonnes for imports from Argen-
tina (serial number 09.4104), 13 200 tonnes for imports
from China (serial number 09.4105) and 6 023 tonnes
for imports from all other third countries (serial number
09.4106).

In view of the existence of a specific duty for non-quota
imports, management of the quota requires the intro-
duction of a system of import licences. Such a system
should also permit the detailed monitoring of all garlic
imports, thus continuing and replacing the arrangements
introduced by Commission Regulation (EC) No 1859/
93 (4) as last amended by Regulation (EC) No 2872/
2000 (5), which must therefore be repealed. The details
of the system must supplement or derogate from those
adopted by Commission Regulation (EC) No 1291/2000

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 129, 11.5.2001, p. 3.
(3) OJ L 142, 29.5.2001, p. 7.
(4) OJ L 170, 13.7.1993, p. 10.
(5) OJ L 333, 29.12.2000, p. 49.

of 9 June 2000 laying down common detailed rules for
the application of
import and export
the system of
licences and advance fixing certificates for agricultural
products (6). In particular:

— two categories of licence should be created: one for
imports under GATT quota conditions (A licences),
and one for non-quota imports (B licences),

— the validity of those licences should be limited to
three months without going beyond the end of the
quota year in question,

— the validity of those licences should be limited to the

origin indicated in the application,

— a timetable for the lodging of A licence applications
and the issue of those licences should be laid down
which will permit the Member States to notify the
Commission in good time of
the information
relating to A licence applications.

(3)

Measures are needed to keep to a minimum speculative
applications for A licences or applications which are not
linked to a genuine commercial activity on the fruit and
vegetable market. To that end:

(4)

(5)

— certain criteria regarding the status of applicants for

such licences should be laid down,

— the transfer of the licences should be prohibited, and

— a reasonable limit to individual applications should

be set.

the Exchange of Letters concluded with
In view of
Argentina, the quantities allocated should be divided
between traditional
importers and others and the
concept of traditional importers should be defined, while
allowing optimum use of the quotas.

To guarantee correct management of the GATT quota,
the measures to be taken by the Commission in the
event that A licence applications exceed, for a specific
origin or in a specific quarter, the quantities fixed by
Decision 2001/404/EC, plus the unused quantities from
licences previously issued, should be determined. Where
to be
such measures involve a reduction coefficient
applied at the time of issue of A licences, the possibility
should be granted for applications for those licences to
be withdrawn with immediate release of the security.

(6) OJ L 152, 24.6.2000, p. 1.

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Official Journal of the European Communities

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(6)

(7)

To improve controls and prevent any risk of a deflection
of trade based on inaccurate documentation, Commis-
sion Regulation (EC) No 544/97 (1), as amended by
Regulation (EC) No 2520/98 (2), introduces a certificate
of origin for garlic imported from certain third countries
and imposes direct transport to the Community of garlic
originating in those third countries. That certificate of
origin is to be issued by the competent authorities in
accordance with Articles 56 to 62 of Commission Regu-
lation (EEC) No 2454/93 of 2 July 1993 laying down
provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs
Code (3), as last amended by Regulation (EC) No 993/
2001 (4). To keep administration simple, the relevant
provisions of Regulation (EC) No 544/97 should be
incorporated into this Regulation and that Regulation
should be repealed.

Provision should be made for imports of garlic carried
out after the entry into force of this Regulation under
licences issued in accordance with Commission Regula-
tion (EC) No 1104/2000 of 25 May 2000 adopting a
protective measure applying to imports of garlic origin-
ating in China (5) to be carried out under the conditions
in force when those licences were issued.

(8)

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

HAS ADOPTED THIS REGULATION:

TITLE ONE

IMPORT LICENCES AND TARIFF QUOTAS

Article 1

General provisions

1.
Any release into free circulation in the Community of
garlic falling within CN code 0703 20 00 shall be subject to
presentation of an import licence issued in accordance with
this Regulation.

2.
Only import licences containing one of the following
entries in box 20 shall permit the release into free circulation
of garlic under the tariff quotas opened by Decision 2001/
404/EC at an ad valorem duty of 9,6 %:

— Derecho de aduana 9,6 % — Reglamento (CE) no 1047/

2001

(1) OJ L 84, 26.3.1997, p. 8.
(2) OJ L 315, 25.11.1998, p. 10.
(3) OJ L 253, 11.10.1993, p. 1.
(4) OJ L 141, 28.5.2001, p. 1.
(5) OJ L 125, 26.5.2000, p. 21.

— Toldsats 9,6 % — forordning (EF) nr. 1047/2001
— Zollsatz 9,6 % — Verordnung (EG) Nr. 1047/2001
— ∆ασµός 9,6 % — Κανονισµός (ΕΚ) αριθ. 1047/2001
— Customs duty 9,6 % — Regulation (EC) No 1047/2001
— Droit de douane 9,6 % — Règlement (CE) no 1047/2001
— Dazio 9,6 % — Regolamento (CE) n. 1047/2001
— Douanerecht 9,6 % — Verordening (EG) nr. 1047/2001
— Direito aduaneiro: 9,6 % — Regulamento (CE) n.o 1047/

2001

— Tulli 9,6 prosenttia — Asetus (EY) N:o 1047/2001
— Tull 9,6 – Förordning (EG) nr 1047/2001.

Such import licences shall be known hereafter as ‘A licences’.
Other import licences shall be known hereafter as ‘B licences’.

3.
Licence applications containing in box 20 one of the
entries referred to in paragraph 2 above shall be deemed to be
A licence applications. Other applications shall be deemed to
be B licence applications. An A licence application cannot give
rise to the issue of a B licence.

Article 2

Provisions applicable to all licences

1.
Regulation (EC) No 1291/2000 shall apply to the system
introduced by this Regulation, subject to the latter's specific
provisions.

Box 8 of licence applications and import licences shall
2.
indicate the country of origin of the product. The word ‘yes’ in
box 8 shall be marked with a cross. Import licences shall only
be valid for the products originating in the country indicated in
that box.

3.
The amount of the security referred to in Article 15(2) of
Regulation (EC) No 1291/2000 shall be EUR 15 per tonne net.

The term of validity of the import licences shall be three
4.
months from the day on which they are actually issued but
must not go beyond the following 31 May.

Article 3

Provisions applicable to A licence applicants

A licence applications may only be lodged by agricultural

1.
traders within the meaning of paragraph 2.

2.
Agricultural traders are defined as operators, natural or
legal persons, individuals or groups having marketed in at least
one of the previous two calendar years at least 50 tonnes per
year of fruit and vegetables as referred to in Article 1(2) of
Regulation (EC) No 2200/96. Compliance with this condition
shall be certified by registration in a Member State's register of
businesses or by another form of proof accepted by the
Member State.

3.
To support their applications, agricultural traders within
the meaning of paragraph 2 shall provide information verifying
to the satisfaction of
the competent national authorities
compliance with the conditions referred to in paragraph 2.

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Article 4

Licence applications

For each of the three origins and for each of the quarters
2.
indicated in Annex I, the maximum quantity calculated in
accordance with paragraph 1 shall be allocated as follows:

For each of the quarters referred to in Annex I, A licence
1.
applications may be lodged only from the first Monday until
the last Friday inclusive of the quarter in question.

2.
For each of the three origins and each of the quarters
indicated in Annex I, an agricultural trader within the meaning
of Article 3 may lodge no more than four applications for A
licences for the import of garlic at least five days apart. Each of
the applications may cover no more than 20 % of the quantity
indicated in Annex I for that origin and that quarter.

No A licence application may be lodged where no

3.
quantity is indicated in Annex I.

The periods referred to in paragraph 1 shall not apply to

4.
B licence applications.

Article 5

Issue of licences

A licences shall be issued on the fifth working day
1.
following the day on which they are lodged unless the
Commission takes measures within that time. Notwithstanding
Article 9 of Regulation (EC) No 1291/2000, the rights accruing
from A licences shall not be transferable.

B licences shall be issued without time limit or quantity

2.
restriction.

No licence may be issued with a view to importing
3.
products originating in countries listed in Annex II which have
not forwarded to the Commission the information needed to
set up an administrative cooperation procedure in accordance
with Articles 63 to 65 of Regulation (EC) No 2454/93. The
information shall be deemed to have been forwarded on the
date of its publication as provided for in Article 11.

Article 6

Maximum quantity for A licences

For each of the three origins and for each of the quarters
1.
indicated in Annex I, A licences shall be issued only up to a
maximum quantity equal to the sum of:

(a) the quantity indicated in Annex I for that quarter and for

that origin;

(b) the quantities not applied for during the previous quarter

for that origin; and

(c) the unused quantities notified to the Commission from

licences previously issued.

(a) 70 % to traditional

importers;

(b) 30 % to new importers.

However, the quantities available shall be allocated to each of
the two categories of importers without discrimination from
the first day of the third month of each quarter.

3.
Agricultural traders within the meaning of Article 3 who
have imported garlic during at least two of the three previous
importers.
calendar years shall be deemed to be traditional

4.
Agricultural traders within the meaning of Article 3 other
than those defined in paragraph 3 shall be deemed to be new
importers.

5.
Applications for A licences lodged by traditional impor-
ters shall be accompanied by information permitting verifica-
tion to the satisfaction of the competent national authorities
that they meet the conditions indicated in paragraph 3.

Article 7

Member State communications to the Commission

1.

The Member States shall notify the Commission of:

(a) the quantities covered by import licence applications; that

information shall be notified as follows:

— each Wednesday for applications lodged on the Monday

and Tuesday of that week,

— each Friday for applications lodged on the Wednesday

and Thursday of that week,

— each Monday for applications lodged on the previous

Friday;

(b) the quantities covered by unused or partly used import
licences, corresponding to the difference between the
quantities entered on the back of the licences and the
quantities for which they were issued;

(c) the quantities relating to applications for A licences with-

drawn pursuant to Article 8(3).

The information referred to in (b) and (c) shall be notified each
Wednesday in respect of information received the previous
week.

If no import licence application has been lodged in one of the
periods referred to in (a) or if there are no unused or with-
drawn quantities within the meaning of (b) and (c), the Member
State concerned shall notify the Commission thereof on the
days indicated in this paragraph.

2.

The communications referred to in this Article

However, quantities not applied for or not used during an
annual period defined as running from 1 June to the following
31 May may not be transferred to the following annual period.

— shall be broken down by day of licence application, by
third country of origin, by type of licence, A or B, and by
type of importer within the meaning of Article 6(2),

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— shall be effected by electronic means on the form sent for
that purpose by the Commission to the Member States.

Article 8

Issue of A licences

1. Where the Commission finds, on the basis of the infor-
mation notified by the Member States pursuant to Article 7,
that applications for A licences exceed the available balance of
one of the maximum quantities established in accordance with
Article 6(1) and (2), it shall if necessary adopt a single reduc-
tion percentage for the applications in question and shall stop
the issue of A licences until the date referred to in the second
subparagraph of Article 6(2) or for the rest of that quarter for
subsequent applications.

For the purposes of the examination referred to in para-
2.
graph 1 the Commission shall take account of the A licences
already issued or to be issued for the quarter and the origin in
question.

3. Where, pursuant to paragraph 1, the quantity for which
an A licence is issued is less than the quantity requested, the
licence application may be withdrawn within three working
days from publication of the Regulation adopted pursuant to
paragraph 1. In the event of such a withdrawal the security
shall be released immediately.

Article 8(4) of Regulation (EC) No 1291/2000 shall not

4.
apply to A licences.

TITLE II

CERTIFICATES OF ORIGIN

Article 9

General provisions

Any release into free circulation in the Community of garlic
originating in a third country listed in Annex II shall be subject
to:

(a) presentation of a certificate of origin issued by the
competent national authorities of that country in accord-
ance with Articles 55 to 65 of Regulation (EEC) No 2454/
93; and

(b) the condition that the product is transported directly from

that country to the Community.

(b) products transported through third countries other than
the country of origin, with or without transhipment or
temporary warehousing in those countries, provided that
such passage is justified for geographical reasons or exclu-
sively on account of transport requirements and that the
products:

— have remained under the supervision of the customs
authorities of the country of transit or warehousing,
— have not entered into commerce or been released for

consumption there, and

— have not undergone operations

than
unloading and reloading or any other operation to keep
them in good condition.

there other

2.
Proof that the conditions referred to in paragraph 1(b)
have been satisfied shall be provided by supplying the Commis-
sion authorities with either:

(a) a single transport document issued in the country of origin

covering passage through the country of transit;

(b) a certificate issued by the customs authorities of

the

country of transit containing:

— a precise description of the goods,
— the dates of their unloading and reloading or their

lading or unlading,

identifying the vessels used,

— certification of the conditions in which they were kept;

(c) or, failing these, any substantiating documents.

Article 11

Administrative cooperation

As soon as it has been forwarded by each third country listed
in Annex II, the information needed to set up an administrative
cooperation procedure pursuant to Articles 63 to 65 of Regula-
tion (EEC) No 2454/93 shall be published in the C series of the
Official Journal of the European Communities.

TITLE III

FINAL PROVISIONS

Article 12

Regulations (EEC) No 1859/93 and (EC) No 544/97 shall be
repealed on the date referred to in the second paragraph of
Article 13.

Article 13

Article 10

Direct transport

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

1.
The following shall be considered as transported direct to
the Community from the third countries listed in Annex II:

(a) products transported without passing through the territory

of any other third country;

It shall apply from 1 June 2001. However, it shall not apply to
releases into free circulation under import licences issued in
accordance with Regulation (EC) No 1104/2000 before that
date. The Regulations referred to in Article 12 shall continue to
apply to such releases.

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

Done at Brussels, 30 May 2001.

For the Commission

Franz FISCHLER

Member of the Commission

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Tariff quotas opened pursuant to Decision 2001/404/EC for imports of garlic falling within CN code 0703 20 00

ANNEX I

Origin

Serial
number

1st quarter
(June/August)

2nd quarter
(September/November)

3rd quarter
(December/February)

4th quarter
(March/May)

Contingentes

Argentina

China

other

All
countries

09.4104

09.4105

third

09.4106

—

3 600

1 344

Total

—

4 944

—

3 600

2 800

6 400

13 700

3 000

1 327

18 027

5 447

3 000

552

8 999

(tonnes)

Total

19 147

13 200

6 023

38 370

ANNEX II

List of third countries referred to in Article 9

Lebanon

Iran

United Arab Emirates

Vietnam

Malaysia