Commission Regulation (EC) No 565/2002 of 2 April 2002 establishing the method for managing tariff quotas and introducing a system of certificates of origin for garlic imported from third countries
Date: 2002-04-02
Institutions: European Commission
Subjects: bulb vegetable, import licence, originating product, tariff quota, third country

3.4.2002

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Official Journal of the European Communities

L 86/11

COMMISSION REGULATION (EC) No 565/2002

of 2 April 2002

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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 2001/104/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)

Following negotiations conducted in accordance with
Article XXVIII of GATT 1994, the Community amended
the conditions for the import of garlic. Since 1 June
2001 the normal customs duty for imports of garlic
falling within CN code 0703 20 00 has consisted 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 the
Agreement concluded with Argentina, approved by
Decision 2001/404/EC, hereafter called the ‘GATT
quota’. The Agreement 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
(serial number
09.4106).

from other

countries

imports

(2)

Imports of garlic may also be carried out, outside the
GATT quota or the normal duty, on preferential terms,
under agreements concluded between the Community
and certain third countries.

(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.

The method for managing the GATT quota was estab-
lished by Commission Regulation (EC) No 1047/
2001 (4), as last amended by Regulation (EC) No 1865/
2001 (5). Experience shows however that this manage-
ment could be improved and simplified. In particular,
the need for import licences for imports carried out
outside the GATT quota should be abolished, and the
conditions for access by importers to this quota should
be adapted to take better account of traditional trade
flows.

Imports of garlic can be monitored in accordance with
Article 308d of Commission Regulation (EEC) No 2454/
93 of 2 July 1993 laying down provisions for the imple-
mentation of Council Regulation (EEC) No 2913/92
establishing the Community Customs Code (6), as last
amended by Regulation (EC) No 444/2002 (7).

In view of the existence of a specific duty for non-prefer-
ential imports outside the GATT quota, management of
the quota requires the introduction of a system of
import licences. The detailed rules of that system must
be complementary to, or derogate from, those laid down
by Commission Regulation (EC) No 1291/2000 of 9
June 2000 laying down common detailed rules for the
application of the system of import and export licences
and advance fixing certificates for agricultural prod-
ucts (8), as last amended by Regulation (EC) No 2299/
2001 (9).

Measures are needed to keep to a minimum speculative
applications for import licences which are not linked to
a genuine commercial activity on the fruit and vegetable
market. To that end special rules should be laid down on
applications for and the validity of licences.

Given that the Agreement concluded with Argentina
provides for the management of the GATT quota on the
basis of a system of traditional and new importers, the
concept of traditional importers should be defined and
the quota allocated between the two categories of
importer, while allowing optimum use of the quota.

(4)

(5)

(6)

(7)

(4) OJ L 145, 31.5.2001, p. 35.
(5) OJ L 254, 22.9.2001, p. 3.
(6) OJ L 253, 11.10.1993, p. 1.
(7) OJ L 68, 12.3.2002, p. 11.
(8) OJ L 152, 24.6.2000, p. 1.
(9) OJ L 308, 27.11.2001, p. 19.

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Official Journal of the European Communities

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(8)

(9)

that

licence applications exceed,

To guarantee correct management of the GATT quota,
the measures to be taken by the Commission in the
event
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
such measures involve a reduction coefficient
to be
applied at the time of issue of licences, the possibility
should be granted for applications for those licences to
be withdrawn with immediate release of the security.

(b) ‘importers’ means operators, natural or legal persons, indi-
viduals or groups having imported into the Community, 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;

(c) ‘traditional importers’ mean importers who have imported
garlic into the Community in at least two of the three
previous import periods, irrespective of the origin and date
of these imports;

To improve controls and prevent any risk of a deflection
of trade based on inaccurate documentation, the existing
system of certificates of origin for garlic imported from
for this
certain third countries and the requirement
garlic to be transported direct from the third country of
origin to the Community should be retained. That certif-
icate of origin is to be issued by the competent national
authorities in accordance with Articles 56 to 62 of
Regulation (EEC) No 2454/93.

(d) ‘reference quantity’ means the maximum quantity of annual
imports of garlic carried out by a traditional
importer
during the 1998, 1999 and 2000 calendar years. Where
imported any garlic
the importer in question has not
during at
the reference
quantity shall be the maximum quantity of annual imports
of garlic during the three import periods preceding that for
which a licence application has been presented;

these three years,

two of

least

(10)

Regulation (EC) No 1047/2001 should be repealed.

importers.

(e) ‘new importers’ mean importers who are not traditional

(11)

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

The reference quantity calculated for a period shall remain valid
for the whole of that period.

HAS ADOPTED THIS REGULATION:

CHAPTER I

TARIFF QUOTAS

Article 1

Purpose and fixing of customs duty applicable to the
quota

1.
This Chapter lays down the rules for managing tariff
quotas for garlic falling within CN code 0703 20 00, opened
by Decision 2001/404/EC.

2.
The ad valorem duty applicable to products imported
under the quotas referred to in paragraph 1 shall be 9,6 %.

Article 3

System of import licences

1.
All imports under the quotas referred to in Article 1(1)
shall be subject to the presentation of an import licence, here-
after called the ‘licence’, issued in accordance with Regulation
(EC) No 1291/2000, subject to the provisions of this Regula-
tion.

2.
Article 8(4) of Regulation (EC) No 1291/2000 shall not
apply to the licences. Box 19 of licences shall be marked ‘0’.

Notwithstanding Article 9 of Regulation (EC) No 1291/
3.
2000, the rights accruing from licences shall not be transfer-
able.

The amount of the security referred to in Article 15(2) of
4.
Regulation (EC) No 1291/2000 shall be EUR 15 per tonne net.

Article 2

Definitions

Article 4

Validity of licences

For the purposes of this Regulation:

(a) ‘import period’ means a period of one year running from 1

June of one year to the following 31 May;

1.
Box 8 of licence applications and licences shall indicate
the country of origin of the product. The word ‘yes’ in box 8
shall be marked with a cross. Licences shall be valid only for
the products originating in the country indicated in that box.

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Licences shall be valid only for the quarter for which they
2.
have been issued. Box 24 thereof shall contain one of the
following entries:

— licens, der er ansøgt om for kvartalet fra 1. … til 28./29./

30./31. …

— Lizenz beantragt für das Quartal vom 1. … bis 28./29./30./

— certificado expedido y válido solamente para el trimestre

31. …

comprendido entre el 1 … y el 28/29/30/31 …

— Πιστοποιητικό που ζητήθηκε για το τρίµηνο από την 1η … έως

— licens, der kun er udstedt og gyldig for kvartalet fra 1. … til

τις 28/29/30/31. …

28./29./30./31. …

— licence sought for the quarter from 1 [month] to 28/29/30/

— Lizenz nur erteilt und gültig für das Quartal vom 1. … bis

31 [month]

28./29./30./31. …

— certificat demandé pour le trimestre du 1er … au 28/29/30/

— Πιστοποιητικό εκδοθέν και ισχύον µόνο για το τρίµηνο από την

31 …

1η … έως τις 28/29/30/31 …

— licence issued and valid only for the quarter from 1

[month] to 28/29/30/31 [month]

— certificat émis et valable seulement pour le trimestre du 1er

… au 28/29/30/31 …

— titolo richiesto per il trimestre dal 1o … al 28/29/30/31 …

— voor het kwartaal van 1… tot en met 28/29/30/31 …

aangevraagd certificaat.

— certificado pedido para o trimestre de 1 de … a 28/29/30/

31 de …

— titolo rilasciato e valido unicamente per il trimestre dal 1o

— todistus on haettu 1 päivän … ja 28/29/30/31 päivän …

… al 28/29/30/31 …

väliselle vuosineljännekselle

— voor het kwartaal van 1… tot en met 28/29/30/31 …
afgegeven en uitsluitend in dat kwartaal geldig certificaat.

— certificado emitido e válido apenas para o trimestre de 1 de

… a 28/29/30/31 de …

— todistus on myönnetty 1 päivän … ja 28/29/30/31 päivän
… väliselle vuosineljännekselle ja se on voimassa ainoastaan
kyseisenä vuosineljänneksenä

— licens utfärdad och giltig endast för tremånadersperioden

den 1 … till den 28/29/30/31 …

Article 5

Licence applications

1.

Licence applications may be lodged only by importers.

their applications,

To support
importers, and in particular
traditional importers, shall provide information verifying to the
satisfaction of the competent national authorities compliance
with Article 2(b) and (c).

Where new importers have obtained licences pursuant to this
Regulation or to Regulation (EC) No 1047/2001 during the
previous import period, they must produce proof that at least
90 % of
the quantity allocated to them has actually been
released into free circulation.

For each of the quarters referred to in Annex I, licence
2.
applications may be lodged only from the second Monday of
the month before the month preceding the quarter in question
until the last Friday inclusive of that quarter.

Box 20 of those applications shall contain one of the following
entries:

— certificado solicitado para el trimestre comprendido entre el

1 … y el 28/29/30/31 …

— licens begärd för tremånadersperioden den 1 … till den

28/29/30/31 …

3.
Licence applications lodged by traditional importers may
cover, by import period, a quantity no more than the reference
quantity for those importers.

For each of the three origins and for each of the quarters
4.
licences applications lodged by new
indicated in Annex I,
importers may cover no more than 10 % of
the quantity
referred to in Annex I for that quarter and for that origin.

5.
No licence applications may be lodged for a specific
quarter and for a specific origin where no quantity is indicated
in Annex I for that quarter and for that origin.

Box 20 of licence applications shall indicate ‘traditional

6.
importer’ or ‘new importer’ as appropriate.

Article 6

Maximum quantity to be issued

For each of the three origins and for each of the quarters
licences shall be issued only up to a

1.
indicated in Annex I,
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;

(c) the unused quantities notified to the Commission from

licences previously issued for that origin.

However, quantities not applied for or not used during an
import period may not be transferred to the following import
period.

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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:

Commission takes measures within that time pursuant to para-
graph 2.

(a) 70 % to traditional

importers,

(b) 30 % to new importers.

Where measures are adopted pursuant to paragraph 2, licences
shall be issued on the third working day following the entry
into force of those measures.

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

Article 7

Member State communications to the Commission

1.

The Member States shall notify the Commission of:

(a) the quantities covered by licence applications;

(b) the quantities covered by unused or partly used 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 licences with-

drawn pursuant to Article 8(4).

The information referred to in paragraph 1(a) shall be
2.
notified each Thursday in respect of applications lodged on the
Monday and Tuesday of that week and each Monday in respect
of applications lodged on the previous Wednesday, Thursday
and Friday.

The information referred to in paragraph 1(b) and (c) shall be
notified each Thursday in respect of information received the
previous week.

The communications referred to in paragraph 1 shall be made
by 12 noon (Brussels time) at the latest.

If no import licence application has been lodged or if there are
no unused or withdrawn quantities within the meaning of
paragraph 1(b) and (c),
the Member State concerned shall
notify the Commission thereof on the days indicated in this
paragraph.

If the day for the communication of information provided for
in this paragraph is a national holiday, the Member State
concerned shall send the said communication by 3 p.m. (Brus-
sels time) at the latest on the previous working day.

The communications referred to in paragraph 1 shall be
3.
effected by electronic means on the form sent for that purpose
by the Commission to the Member States.

They shall be broken down by day of licence application, by
third country of origin, by quarter and by type of importer
within the meaning of Article 2.

Article 8

Issue of licences

Licences

1.
shall be issued on the fifth working day
following the day on which applications are lodged unless the

2. Where the Commission finds, on the basis of the infor-
mation notified by the Member States pursuant to Article 7,
that licence applications exceed the available balance of one of
the maximum quantities established in accordance with Article
6, it shall, if necessary, adopt by means of a regulation a single
reduction percentage for the applications in question and shall
stop the issue of 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-
3.
graph 2, the Commission shall take account of the licences
already issued or to be issued for the quarter and the origin in
question.

4. Where, pursuant to paragraph 2, the quantity for which a
licence is issued is less than the quantity requested, the licence
application may be withdrawn within three working days of
the entry into force of the measures adopted pursuant to
paragraph 2. In the event of such a withdrawal the security
shall be released immediately.

5.
No licence may be issued with a view to importing
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.

CHAPTER 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

directly, within the meaning of Article 10,
country to the Community.

the product has been transported
from that

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Article 10

Direct transport

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;

(b) products transported through one or more third countries
other than the country of origin, with or without tranship-
temporary warehousing in those countries,
ment or
provided that such passage is justified for geographical
reasons or exclusively on account of transport require-
ments and provided that the products:
(i) have remained under the supervision of the customs
authorities of the country or countries of transit or
warehousing,

(ii) have not entered into commerce or been released for

consumption there, and

(iii) 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 submitted to the Community
authorities. That proof may be provided, in particular, in the
form of one of the following documents:

(a) a single transport document issued in the country of origin
covering passage through the country or countries of
transit;

(b) a certificate issued by the customs authorities of

the

country or countries of transit containing:
(i) a precise description of the goods;
(ii) the dates of their unloading and reloading or their

lading or unlading,

identifying the vessels used;

(iii) certification of the conditions in which they were kept.

Article 11

Administrative cooperation

As soon as the information needed to set up an administrative
cooperation procedure pursuant to Articles 63 to 65 of Regula-
tion (EEC) No 2454/93 has been forwarded by each third
country listed in Annex II, a communication concerning the
forwarding of that information shall be published in the C
series of the Official Journal of the European Communities (1).

CHAPTER III

FINAL PROVISIONS

Article 12

Repeal

Regulation (EC) No 1047/2001 is hereby repealed with effect
from 1 June 2002.

Article 13

Entry into force

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

It shall apply to licences applied for from 8 April 2002, for the
quarter from 1 June to 31 August 2002, and to releases into
free circulation effected from 1 June 2002. It shall not apply to
releases into free circulation carried out, until 31 May 2002,
under import licences issued in accordance with Regulation
(EC) No 1047/2001.

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

Done at Brussels, 2 April 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) For Iran, see Communication 98/C 12/04 (OJ C 12, 16.1.1998, p.

13).

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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

Quota

(in tonnes)

Origin

Serial
number

First quarter
(June/August)

Second quarter
(September/
November)

Third quarter
(December/
February)

Fourth quarter
(March/May)

Total

Argentina

09.4104

—

—

13 700

5 447

19 147

China

09.4105

3 600

3 600

3 000

3 000

13 200

All other third
countries

09.4106

1 344

2 800

1 327

552

6 023

Total

—

4 944

6 400

18 027

8 999

38 370

ANNEX II

List of third countries referred to in Article 9

Lebanon

Iran

United Arab Emirates

Vietnam

Malaysia