Commission Regulation (EC) No 80/2004 of 16 January 2004 on the issue of licences for the import of garlic in the quarter from 1 March to 31 May 2004
Date: 2004-01-17
Institutions: European Commission
Subjects: bulb vegetable, import licence

L 12/38

EN

Official Journal of the European Union

17.1.2004

COMMISSION REGULATION (EC) No 80/2004

of 16 January 2004

on the issue of licences for the import of garlic in the quarter from 1 March to 31 May 2004

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
47/2003 (2),

Having regard to Commission Regulation (EC) No 565/2002 of
2 April 2002 establishing the method for managing the tariff
quotas and introducing a system of certificates of origin for
garlic imported from third countries (3), and in particular
Article 8(2) thereof,

Whereas:

(1)

As a result of an error in the notifications from some
Member States, the licences issued for the quarter from
1 December 2003 to 29 February 2004 have exceeded
the quantities available for
that quarter by 493,64
tonnes. The quantities available for the following quarter
should therefore be immediately reduced accordingly, in
order to comply with the quotas set by Council Decision
2001/404/EC on the conclusion of an Agreement in the
form of an Exchange of Letters between the European
to
Community and the Argentine Republic pursuant
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 the GATT (4), without prejudice to the adop-
tion at a later date of a formal derogation from Regu-
lation (EC) No 565/2002.

(2)

(3)

The quantities for which licence applications have been
lodged by traditional importers and by new importers
on 12 and 13 January 2004, under Article 5(2) of Regu-
lation (EC) No 565/2002 exceed the quantities available
for products originating in China, Argentina and all
other third countries other than China and Argentina.

It is now necessary to establish the extent to which the
to the Commission on 15
licence applications sent
January 2004 can be met and to fix, for each category
of importer and product origin, the dates until which
the issue of certificates must be suspended,

HAS ADOPTED THIS REGULATION:

Article 1

Applications for import licences lodged under Article 3(1) of
Regulation (EC) No 565/2002 on 12 and 13 January 2004 and
sent to the Commission on 15 January 2004, shall be met at a
percentage rate of the quantities applied for as set out in Annex
I hereto.

Article 2

For each category of importer and the origin involved, applica-
tions for import licences under Article 3(1) of Regulation (EC)
No 565/2002 relating to the quarter from 1 March to 31 May
2004 and lodged after 13 January 2004 but before the date in
Annex II hereto, shall be rejected.

This Regulation shall enter into force on 17 January 2004.

Article 3

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

Done at Brussels, 16 January 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 7, 11.1.2003, p. 64.
(3) OJ L 86, 3.4.2002, p. 11.
(4) OJ L 142, 29.5.2001, p. 7.

17.1.2004

EN

Official Journal of the European Union

L 12/39

Origin of the products

ANNEX I

China

Percentage allocations

Third countries other
than China or Argentina

Argentina

— traditional importers

18,683 %

100,000 %

100,000 %

(Article 2(c) of Regulation (EC) No 565/
2002)

— new importers

0,736 %

7,143 %

5,104 %

(Article 2(e) of Regulation (EC) No 565/
2002)

X: No quota for this origin for the quarter in question.
—: No application for a licence has been sent to the Commission.

Origin of the products

ANNEX II

Dates

China

Third countries other
than China or Argentina

— traditional importers

31.5.2004

—

(Article 2(c) of Regulation (EC) No 565/
2002)

Argentina

—

— new importers

31.5.2004

3.4.2004

3.4.2004

(Article 2(e) of Regulation (EC) No 565/
2002)