Commission Regulation (EC) No 2334/2003 of 30 December 2003 derogating for the year 2004 from Regulation (EC) No 2125/95 opening and providing for the administration of tariff quotas for preserved mushrooms
Date: 2003-12-30
Institutions: European Commission
Subjects: CCT duties, customs regulations, import licence, mushroom-growing, preserved product, tariff quota, third country

31.12.2003

EN

Official Journal of the European Union

L 346/15

COMMISSION REGULATION (EC) No 2334/2003

of 30 December 2003

derogating for the year 2004 from Regulation (EC) No 2125/95 opening and providing for the
administration of tariff quotas for preserved mushrooms

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European Com-
munity,

Article 1

Having regard to Council Regulation (EC) No 2201/96 of 28
October 1996 on the common organization of the markets in
processed fruit and vegetable products (1), and in particular
Article 15(1) thereof,

By way of derogation from Article 2(2) of Regulation (EC) No
2125/95, for the year 2004, tariff quotas for preserved mush-
rooms referred to in Article 1(1) of that Regulation shall be
allocated between supplier countries in accordance with the
Annex to this Regulation.

Whereas:

(1)

(2)

(3)

(4)

(5)

Importers from the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia (hereinafter referred to as ‘the new Member
States’) should benefit from the provisions of Commis-
sion Regulation (EC) No 2125/95 (2).

Imports forming part of the quotas referred to in Regu-
lation (EC) No 2125/95 are subject to submission of
import licences, which have a limited validity period
from the effective date of issue. The validity period of
import licenses for the year 2004 should be reviewed to
take account of the date of accession of the new Member
States.

To ensure the correct use of quotas and allow traditional
importers from the new Member States to be in a posi-
tion to apply for sufficient quantities during the year
2004, provisions should be made for the year 2004 to
adjust
applications
importers from the Member
presented by traditional
States of the Community as constituted on 30 April
2004 may relate.

the quantity to which licence

In order to improve and simplify the administration of
tariff quotas for preserved mushrooms for the year
2004, provisions should be made as regards the dates
for lodging the applications.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Products Processed from Fruit and Vege-
tables,

(1) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by
Commission Regulation (EC) No 453/2002 (OJ L 72, 14.3.2002, p.
9).

(2) OJ L 212, 7.9.1995, p. 16. Regulation as last amended by Regu-

lation (EC) No 1142/2003 (OJ L 160, 28.6.2003, p. 39).

Article 2

By way of derogation from Article 3(2) of Regulation (EC) No
2125/95, for the year 2004, import licences shall be valid for a
period of eight months from the effective date of issue within
the meaning of Article 23(2) of Commission Regulation (EC)
No 1291/2000 (3). However, they shall not be valid after 31
December 2004.

Article 3

By way of derogation from Article 5(1) of Regulation (EC)

1.
No 2125/95:

(a) licence applications presented in January 2004 by the tradi-
tional importers within the meaning of Article 4(1)(a) of
Regulation (EC) No 2125/95 shall not relate to a quantity
exceeding 35 % of the average annual quantity of imports
originating in countries other than Poland, Bulgaria and
Romania and effected under that Regulation in the three
previous calendar years;

(b) licence applications presented in May 2004 by the tradi-
tional importers within the meaning of Article 4(1)(a) of
Regulation (EC) No 2125/95 shall not relate to a quantity
exceeding 65 % of the average annual quantity of imports
originating in countries other than Poland, Bulgaria and
Romania and effected under that Regulation in the three
previous calendar years.

2.
By way of derogation from Article 5(2) of Regulation (EC)
No 2125/95, for the year 2004, licence applications presented
by the new importers within the meaning of Article 4(1)(b) of
that Regulation shall not relate to a quantity exceeding 8 % of
the quantity allocated under that provision.

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

L 346/16

EN

Official Journal of the European Union

31.12.2003

Article 4

By way of derogation from Article 6(1) and (2) of Regulation
(EC) No 2125/95, for the year 2004:

(a) importers shall submit their applications for import licences
to the national competent authorities on the first and
second working days of January and/or on the first and
second working days of May;

(b) Member States shall notify the Commission of the quanti-
ties for which import licence applications have been lodged
in January on the fourth working day of January and of the
quantities for which import licence applications have been
lodged in May on the fourth working day of May;

(c) quantities not applied for in January 2004 shall be trans-
to the following import

ferred, subject
period and may be applied for in May 2004;

to their origin,

(d) notifications from Member States shall be broken down by
product, according to the combined nomenclature, and
giving separate figures for the quantities applied for by
traditional and new importers, respectively;

(e) import licences shall be issued on the seventh working day
following that on which Member States notify the Commis-
sion of the quantities for which import licence applications
have been lodged, provided that no special measures are
taken by the Commission in the meantime.

Article 5

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

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

Done at Brussels, 30 December 2003.

For the Commission

Franz FISCHLER

Member of the Commission

Allocation for 2004 of quotas for preserved mushrooms referred to in Article 1(1) of Regulation (EC) No 2125/
95, in tonnes (net drained weight)

ANNEX

Supplier countries

Year 2004

1 January to 30 April 2004

1 May to 31 December 2004

Bulgaria

Romania

China

Others

874

166

7 576

1 096

1 751

334

15 174

2 194

Reserve year 2004

1 000