Commission Regulation (EC) No 1870/2005 of 16 November 2005 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic imported from third countries
Date: 2005-11-16
Institutions: European Commission
Subjects: bulb vegetable, import licence, tariff quota

17.11.2005

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Official Journal of the European Union

L 300/19

COMMISSION REGULATION (EC) No 1870/2005

of 16 November 2005

opening and providing for the administration of tariff quotas and introducing a system of import
licences and certificates of origin for garlic imported from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia,

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular the first paragraph of
Article 41 thereof,

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), and in particular Articles 31(2) and
34(1) thereof,

Whereas:

(1)

Following negotiations conducted in accordance with
Article XXVIII
the Community
of GATT 1994,
amended the conditions governing imports 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 an Agreement in the form of an
Exchange of Letters between the European Community
and the Argentine Republic 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 the
GATT, approved by Council Decision 2001/404/EC (2)
(hereinafter the GATT quota). The Agreement stipulates
that the quota is to be divided up into 19 147 tonnes for
imports from Argentina (order numbers 09.4104 and
09.4099), 13 200 tonnes
from China
(order numbers 09.4105 and 09.4100) and 6 023
tonnes
(order
numbers 09.4106 and 09.4102).

from other

countries

imports

imports

for

for

(3)

(4)

(5)

(6)

Garlic may also be imported outside the GATT quota at
the normal duty or on preferential
terms under
agreements concluded between the Community and
certain third countries.

Garlic is an important product of the European Union’s
fruit and vegetables sector, with an annual production of
around 250 000 tonnes in the EU. The annual
import
from third countries is also significant, ranging from
60 000 to 80 000 tonnes. The two main third country
suppliers are China (30 000 to 40 000 tonnes per year)
and Argentina (around 15 000 tonnes per year).

The conditions governing the administration of
these
quotas are laid down in 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 (3).
In the light of experience gained in the
application of
the current
conditions need to be amended in order to simplify
and clarify the system.

that Regulation, some of

Since there is a specific duty on non-preferential imports
outside the GATT quota, the management of the GATT
quota requires the introduction of a system of import
licences. Such a system should permit the detailed moni-
toring of all garlic imports. The detailed rules for that
system should supplement, and might need to 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 products (4).

In order to monitor all imports as closely as possible, in
particular following recent incidents involving fraud, two
categories of import licences should also be introduced
for all imports of garlic. Experience shows that fraud is
typically carried out by transhipping Chinese garlic
through
trade
agreements with the European Community. The garlic
enters the EU with false documents.

preferential

countries

having

third

(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003,
p. 64).

(2) OJ L 142, 29.5.2001, p. 7.

(3) OJ L 86, 3.4.2002, p. 11. Regulation as amended by Regulation (EC)

No 537/2004 (OJ L 86, 24.3.2004, p. 9).

(4) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1741/2004 (OJ L 311, 8.10.2004, p. 17).

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(7)

(8)

(9)

(10)

(11)

(12)

The switchover from one system to the other should be
as smooth as possible. To that end, certain of the detailed
rules for the application of Regulation (EC) No 565/2002
should be carried over and the traditional
import
timetable should be maintained.

Imports of garlic should be monitored in accordance
with Article 308d of Commission Regulation (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 (1).

There should continue to be an adequate supply of garlic
on the Community market at
stable prices whilst
avoiding unnecessary market disruptions in the form of
severe price fluctuations and adverse effects on the
Community producers. To that end, greater competition
amongst importers should be encouraged and adminis-
trative burdens on importers reduced.

In the interest of existing importers, who normally
import substantial quantities of garlic, and also in that
of new importers joining the market, who should also
have a fair opportunity to apply for import licences for a
quantity of garlic under tariff quotas, a distinction should
be drawn between traditional
and new
importers. A clear definition of those two categories of
importers should be provided and certain criteria relating
to the status of the applicants and the use of the import
licences allocated should be laid down.

importers

The quantities to be allocated to those categories of
importers should be determined on the basis of
the
quantities actually imported rather than on the basis of
the import licences issued.

should be

to benefit under

In order to allow importers in the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia (hereinafter
the new
this Regulation,
Member States)
arrangements
the
2005/06 and 2006/07 import periods to ensure that a
distinction is made between, on the one hand, traditional
importers and new importers within the Community as
constituted at 30 April 2004 and, on the other hand,
traditional
importers and new importers in the new
Member States.

laid down covering

(13)

In order to take account of the different trade patterns in
the different new Member States, the competent autho-
rities of the new Member States should be allowed to

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).

choose between two methods
reference quantity of their traditional importers.

for

establishing the

(14) Applications for import licences to import garlic from
third countries presented by importers of both categories
should be subject to certain restrictions. Such restrictions
are necessary to ensure not only that competition
that
between importers
importers genuinely engaged in commercial activity in
the fruit and vegetable market are given the opportunity
to defend their legitimate trading positions vis-à-vis other
importers and that no single importer is able to control
the market.

safeguarded

also

but

is

(15)

In order
to safeguard competition between genuine
importers and to prevent speculation in the allocation
of
import licences and any abuse of the system that
would run contrary to the legitimate trading positions
stringent
of new and traditional
controls on the correct use of import licences should
be put in place. To that end, the transfer of
import
licences should be prohibited.

importers, more

(16) With a view to reducing the importers’ administrative
burden and the possibilities of
licence
applications should be presented only in the Member
State where the importer is entered in a register.

import

fraud,

(17) Measures are also needed to keep to a minimum spec-
ulative applications for import licences that may result in
the tariff quotas not being fully utilised. Because of the
nature and the value of the product, a security as referred
to in Article 15(2) of Regulation (EC) No 1291/2000
should be lodged in respect of each tonne of garlic for
which an import
licence application is lodged. The
security should be of an amount that is high enough
to discourage speculative applications but not so high
as to discourage those genuinely engaged in commercial
activity in garlic. The most appropriate objective level for
the security is 5 % of
the average additional duty
applicable to imports of garlic falling within CN code
0703 20 00.

(18)

To ensure that the GATT quota is managed properly, the
measures to be taken by the Commission where the
quantities of garlic of a specific origin or for a specific
quarter covered by import licence applications exceed
those fixed by Decision 2001/404/EC, added to the
licences previously
from import
unused quantities
issued, should be determined. Where such measures
involve applying an allocation coefficient when the
it should be possible to
import
withdraw applications for those import
licences with
immediate release of the security.

licences are issued,

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(19)

(20)

(21)

To ensure that the quotas are used properly, the Member
States should regularly notify the Commission of the
licences issued by the
quantities covered by import
competent authorities of
the Member States and not
used by importers. The quantities covered by import
licences issued should take account of
import licence
applications withdrawn by importers.

(24)

For the purposes of administering the tariff quotas for
garlic, importers lodging applications for import licences
should attach a declaration to their applications to the
competent authorities of the Member State to the effect
that they undertake to comply with the restrictions laid
down in this Regulation. To prevent any abuse of the
system, deterrent penalties should be provided for and
the Member States should be allowed some margin of
discretion to impose additional penalties on top of those
provided for in this Regulation on importers who present
false, misleading
or
declarations to the competent authorities.

applications

inaccurate

or

To improve controls and prevent any risk of deflection of
trade based on inaccurate documentation, the existing
system of certificates of origin for garlic imported from
certain third countries and the requirement
for such
garlic to be transported direct from the third country
of origin to the Community should be maintained and
the list of countries extended in the light of additional
information. Such certificates of origin are to be issued
by the competent national authorities in accordance with
Articles 56 to 62 of Regulation (EEC) No 2454/93.

licensing rules and in order to ensure more effective
controls, the provisions concerning ‘B’
licences should
apply as soon as possible.

import

For imports of garlic effected after the entry into force of
this Regulation under
in
accordance with Regulation (EC) No 565/2002 and any
regulations opening and providing for the administration
of autonomous tariff quotas for garlic, the provisions in
force when those import
licences were issued should
continue to apply.

licences

issued

(25)

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

HAS ADOPTED THIS REGULATION:

Article 1

Opening of tariff quotas and applicable duties

1.
In accordance with Decision 2001/404/EC, tariff quotas
are hereby opened for imports into the Community of garlic
falling within CN code 0703 20 00 (hereinafter referred to as
garlic), subject to the conditions laid down in this Regulation.
The volume of each tariff quota, the period for which it applies
and the order number are specified in Annex I to this Regu-
lation.

The ad valorem duty applicable to garlic imported under

2.
the quotas referred to in paragraph 1 shall be 9,6 %.

(22) All

the necessary communications between Member
States and the Commission pursuant to this Regulation
in particular for the purpose of
should be specified,
taking measures against
administering tariff quotas,
fraud and monitoring the market.

Article 2

Definitions

(23)

Regulation (EC) No 565/2002, Commission Regulation
(EC) No 228/2004 of 3 February 2004 laying down
transitional measures
to Regulation (EC)
applicable
No 565/2002 by reason of the accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia (1) and Commission
Regulation (EC) No 229/2004 of 10 February 2004
derogating from Regulation (EC) No 565/2002 as
regards the dates for lodging the import licence appli-
cations for imports of garlic for the first quarter of the
period 2004 to 2005 (2) .should be repealed. This Regu-
lation should apply for the first time to applications for
the 2006/07
import
import activities
import period. However, given that
governed by the provisions of this Regulation concerning
‘B’
licences are not, at present, subject to any specific

licences for the first quarter of

(1) OJ L 39, 11.2.2004, p. 10.
(2) OJ L 39, 11.2.2004, p. 12.

For the purposes of this Regulation, the following definitions
shall apply:

1.

‘import period’ means the period 1 June to the following
31 May;

2.

‘the new Member States’ means the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia
and Slovakia;

3.

‘other countries’ means third countries other than Argentina
and China;

4.

‘competent authorities’ means the body or bodies designated
by the Member State for the implementation of this Regu-
lation;

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5.

‘reference quantity’ means the quantity of garlic, imported by
a traditional
importer within the meaning of Article 3, as
follows:

(EC) No 2200/96 during the import period preceding their
application.

(a)

for traditional
importers who imported garlic between
1998 and 2000 into the Community as constituted at
the maximum quantity of garlic
30 April 2004,
imported during one of
the 1998, 1999 and 2000
calendar years;

(b) for traditional

importers who imported garlic between
the

2001 and 2003 into the new Member States,
maximum quantity of garlic imported during

‘New importers’ means importers other than as referred to
2.
in paragraph 1, whether natural or legal persons, individuals or
groups of operators set up in accordance with national
law,
who have imported into the Community at least 50 tonnes
of fruit and vegetables as referred to in Article 1(2) of Regu-
lation (EC) No 2200/96 in each of the two previous calendar
years. Compliance with this condition shall be certified by regis-
tration in a trade register held by the Member State or by any
other proof to that effect accepted by the Member State and by
proof of import.

(i)

either the 2001, 2002 or 2003 calendar year,

3.
By way of derogation from paragraphs 1 and 2, as regards
the import period 1 June 2006 to 31 May 2007 and only in
the new Member States:

(ii) or

the 2001/02, 2002/03 or 2003/04 import

period;

(c)

for traditional importers who do not fall within (a) or
(b), the maximum quantity of garlic imported during one
of the first three import periods during which they have
obtained import licences pursuant to Regulation (EC) No
565/2002 or this Regulation.

Garlic originating in the new Member States or the Community
as constituted at 30 April 2004 shall not be taken into account
for the calculation of the reference quantity.

The new Member States shall choose and apply one of the two
methods referred to in point (b) to all traditional importers, in
accordance with objective criteria and in such a way as to
ensure equal treatment between operators.

Article 3

Categories of importers

‘Traditional

importers’ means importers, whether natural
1.
or legal persons, individuals or groups of operators set up in
accordance with national law, who can prove that they have:

(a) obtained import licences pursuant to Regulation (EC) No
565/2002 or this Regulation in each of the previous three
import periods;

(b) imported garlic into the Community in at least two of the

previous three import periods;

(a)

‘traditional importers’ means importers, whether natural or
legal persons, individuals or groups of operators set up in
accordance with national law, who can prove that:

(i)

they have imported garlic from countries of origin
other than the new Member States or the Community
as constituted at 30 April 2004 in at least two of the
previous three import periods;

(ii)

they have imported at least 50 tonnes of
fruit and
vegetables as referred to in Article 1(2) of Regulation
(EC) No 2200/96 during the preceding calendar year;

(iii) the imports referred to in points (i) and (ii) have taken
place in the new Member State where the head office of
the importer concerned is located;

(b) ‘new importers’ means importers other
importers within the meaning of
natural or
operators set up in accordance with national
can prove that:

individuals or

legal persons,

than traditional
traders,
groups of
law, who

(a), whether

(i)

least 50 tonnes of

they have imported at
fruit and
vegetables as referred to in Article 1(2) of Regulation
(EC) No 2200/96 in each of the two preceding calendar
years from countries of origin other than the new
Member States or the Community as constituted at 30
April 2004;

(c)

imported into the Community at least 50 tonnes of fruit
and vegetables as referred to in Article 1(2) of Regulation

(ii) the imports referred to in (i) have taken place in the
new Member State where the head office of
the
importer concerned is located.

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Article 4

Presentation of import licences

1.
Any release for free circulation in the Community of
imported garlic shall be subject to presentation of an import
licence issued in accordance with this Regulation.

Garlic may only be released for free circulation under the
2.
quotas referred to in Article 1(1) where box 24 of the relevant
import licence shows one of the entries listed in Annex II.

Such import licences shall hereinafter be referred to as ‘“A”
licences’. Other import licences shall hereinafter be referred to
as ‘“B” licences’.

Article 5

General provisions concerning import licence applications
and import licences

Regulation (EC) No 1291/2000 shall apply to ‘A’ and ‘B’
1.
licences, except as otherwise provided for by this Regulation.

‘A’ licences shall be valid only for the quarter for which
2.
they have been issued. Box 24 thereof shall show one of the
entries listed in Annex III.

licences shall be valid for three months from the date of

‘B’
issue.

The security referred to in Article 15(2) of Regulation (EC)

3.
No 1291/2000 shall amount to EUR 50 per tonne.

The country of origin shall be entered in box 8 of ‘A’ and
4.
‘B’ licence applications and of licences and the word ‘yes’ shall
be marked with a cross. The import licence shall be valid only
for imports originating in the country indicated.

5.
By way of derogation from Article 9(1) of Regulation (EC)
No 1291/2000, rights arising under ‘A’ and ‘B’ licences shall not
be transferable.

Article 6

Allocation of total quantities among traditional and new
importers

1.
The total quantity allocated to Argentina, China and other
countries pursuant to Annex I shall be distributed as follows:

(a) 70 % to traditional importers;

(b) 30 % to new importers.

As regards imports originating in Argentina, China and
2.
other countries, if in any quarter the quantity allocated is not
fully exhausted by one category of importers, the remainder
shall be allocated to the other category.

As

regards each of

3.
referred to in
paragraph 2 and each of the quarters indicated in Annex I,
‘A’
licences shall be issued for up to a maximum quantity
equal to the sum of:

the three origins

(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 ‘A’
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.

Article 7

Restrictions applicable to ‘A’ licence applications

The total quantity covered by ‘A’

1.
licence applications
submitted by a traditional importer in any import period may
not exceed that importer’s reference quantity. Applications not
complying with this rule shall be rejected by the competent
authorities.

The total quantity covered by ‘A’

2.
licence applications
submitted by a new importer in any quarter may not exceed
10 % of the quantity referred to in Annex I for that quarter and
that origin. Applications not complying with this rule shall be
rejected by the competent authorities.

Article 8

Lodging of import licence applications

An applicant may only lodge applications for ‘A’ and ‘B’
1.
licences with the competent authorities of a single Member
State and that in which the applicant is registered for VAT
purposes.

Only importers as defined in Article 3 may lodge ‘A’

2.
licence applications.

their ‘A’

licence applications,

In support of
importers shall
provide the information necessary to enable the competent
authorities of
to verify
compliance with the conditions set out in Article 3 to their
own satisfaction.

the Member

concerned

States

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Where, during the previous import period, new importers have
obtained import licences pursuant to this Regulation or Regu-
lation (EC) No 565/2002, they shall produce proof that at least
90 % of
the quantity allocated to them has actually been
released for free circulation.

Article 10

Issuing of import licences

‘A’ licences shall be issued by the competent authorities
1.
on the seventh working day following notification as provided
for in Article 9.

If
the proof referred to in the third subparagraph is not
produced or the proof produced shows that in any quarter of
the import period referred to in that subparagraph,
less than
90 % of the quantity allocated to an importer has been released
for free circulation, no import licence shall be issued to the
applicant, except in cases of force majeure.

Importers shall submit their applications for ‘A’ licences
3.
during the first five working days of April, July, October and
January prior to the respective quarter.

Importers shall attach to their applications for ‘A’ licences
4.
a declaration stating that they are aware of and undertake to
comply with the provisions of Article 7.

Such declarations shall be signed and certified as accurate by the
importer.

Box 20 of ‘A’ licence applications shall indicate ‘traditional

5.
importer’ or ‘new importer’ as appropriate.

No ‘A’ licence applications may be lodged for a specific
6.
quarter and for a specific origin where no quantity is indicated
in Annex I for that quarter and for that origin.

No ‘B’ licence may be issued in response to an ‘A’ licence

7.
application.

Article 9

Notifications of ‘A’ licence applications

By the 15th day of each month as referred to in Article 8(3),
the Member States shall notify the Commission of the quantities
covered by ‘A’
licence applications lodged in respect of the
relevant quarter.

Notifications shall be broken down by origin. Notifications shall
also give separate figures for the quantities of garlic applied for
by traditional and new importers.

Notifications,
electronic means using the
Commission to the Member States.

including ‘nil’ notifications, shall be effected by
form communicated by the

If

in any quarter the quantities applied for under the
2.
quotas referred to in Article 1(1) are found to exceed the
quantity available, the Commission shall set, by means of a
regulation, an allocation coefficient to be applied to the ‘A’
shall
in question and,
licence
suspend the issue of ‘A’ licences in respect of subsequent appli-
cations.

if necessary,

applications

Where the first subparagraph is applied,
licences shall be
issued by the competent authorities on the third working day
following the entry in force of the regulation referred to in that
subparagraph.

‘A’

No ‘A’

3.
licence may be issued for imports of products
originating in the countries listed in Annex IV that have not
forwarded to the Commission the information needed to set up
an administrative cooperation procedure in accordance with
Articles 63, 64 and 65 of Regulation (EEC) No 2454/93.
That information shall be deemed to have been forwarded on
the date of publication as provided for in Article 15 of this
Regulation.

4.
On the day referred to in the first paragraph of Article 9
the Member States shall notify the Commission of the list of
traditional and new importers applying for ‘A’
licences in
In the case of groups of
the relevant quarter.
respect of
operators
the
set up in accordance with national
operators making up the group shall also be listed.

law,

The notifications referred to in the first subparagraph shall be
effected by electronic means using the form communicated by
the Commission to the Member States.

No quantity restriction shall apply to ‘B’ licences, which

5.
shall be issued immediately.

Article 11

Withdrawal of ‘A’ licence applications

the importer concerned may request

Where pursuant to Article 10(2), the quantity covered by an ‘A’
licence is less than that covered by the ‘A’ licence application
lodged,
the competent
authorities to withdraw the ‘A’ licence application within three
working days following the entry into force of the Regulation
adopted pursuant to Article 10(2). In the event of such a with-
drawal, the whole security shall be released immediately.

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Article 12

Member State communications to the Commission

1.

The Member States shall notify the Commission of:

(a)

the quantities covered by ‘B’ licence applications;

(b) the quantities covered by unused or partly used ‘A’ licences,
corresponding to the difference between the quantities
entered on the back of the licences and the quantities for
which they were issued,
in respect of the last completed
quarter;

(c)

the quantities covered by applications
withdrawn pursuant to Article 11.

for

‘A’

licences

The information referred to in paragraph 1 shall be

2.
notified:

(a) as regards paragraph 1(a), by the second working day of
each week in respect of applications received the previous
week;

(b) as regards paragraph 1(b), by the day referred to in the first

paragraph of Article 9;

Article 14

Direct transport

1.
The following shall be considered as having been trans-
ported direct to the Community from the third countries listed
in Annex IV:

(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 trans-
temporary warehousing in those countries,
hipment or
provided that such passage is justified for geographical
reasons or transport requirements 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 been placed on the market or released for

consumption there;

(iii) have not undergone operations

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

there other

(c) as regards paragraph 1(c), by the last day of each month as

referred to in Article 8(3).

2.
Proof that the conditions referred to in paragraph 1(b) are
satisfied shall be submitted to the competent authorities of the
Member States, together with:

If no ‘B’ 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 day indicated in this
paragraph.

3.
The communications referred to in paragraph 1 shall be
effected by electronic means using the form communicated by
the Commission to the Member States.

licence application,

The quantities concerned shall be broken down by day of
type of
import
licence (‘A’ or ‘B’) and for ‘A’ licences the category of importer
within the meaning of Article 3.

third country of origin,

Article 13

Certificates of origin

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

(b) a certificate issued by the customs authorities of the country

or countries of transit and containing:

(i)

a precise description of the goods;

(ii)

the dates of unloading and reloading, with particulars
identifying the transport vehicles used;

(iii) a statement certifying the conditions in which they have

been kept; or

(c) where the proof referred to in points (a) or (b) cannot be

provided, any other substantiating documents.

Garlic originating in a third country listed in Annex IV may
only be released for free circulation in the Community if the
following conditions are met:

Article 15

Administrative cooperation with certain third countries

(a) a certificate of origin issued by the competent national
authorities of that country in accordance with Articles 56
to 62 of Regulation (EEC) No 2454/93 is presented;

(b) the product has been transported direct to the Community

from that country in accordance with Article 14.

As soon as the information needed to set up an administrative
cooperation procedure pursuant to Articles 63, 64 and 65 of
Regulation (EEC) No 2454/93 has been forwarded by each third
country listed in Annex IV to this Regulation, a communication
concerning the
information shall be
published in the ‘C’ series of the Official Journal of the European
Union.

forwarding of

that

L 300/26

EN

Official Journal of the European Union

17.11.2005

Article 16

Penalties applicable to importers

If applications or declarations relating to ‘A’

1.
licences
presented by an importer to the competent authorities of a
Member State are found to contain false, misleading or inac-
curate information and unless such information is clearly due to
a genuine error, the competent authorities of the Member States
the case,
concerned shall, depending on the seriousness of
exclude the importer in question from the ‘A’
licence appli-
cations system for up to four quarters following the finding,
without prejudice to the application of any relevant national
laws.
the security referred to in Article 5(3)
In such cases,
shall be forfeit in full.

amounts of quotas used and of
Article 16(2).

information received under

The Commission shall communicate to the Member States any
other relevant information, and in particular such information
as may help to prevent fraud.

Article 18

Administrative cooperation between Member States

The Member States shall take the measures required to ensure
reciprocal administrative cooperation with a view to ensuring
that this Regulation is properly applied.

The Member States may adopt

additional national
2.
‘A’
provisions covering the submission of applications for
licences to their competent authorities and may provide for
penalties commensurate with the seriousness of any irregularity,
to be imposed on importers registered for VAT purposes within
inform the
their national territory. The Member States shall
Commission forthwith of
any such
introduction of
national provisions.

the

Article 17

Information supplied by the Commission

Each seventh working day after the 15th of each month referred
to in Article 8(3), the Commission shall forward to the Member
States the information received under Article 10(4) with a view
to facilitating the detection or prevention of false claims by
operators.

Article 19

Repeal

Regulations (EC) Nos 565/2002, 228/2004 and 229/2004 are
repealed as from 1 April 2006.

However, Regulations
(EC) Nos 565/2002, 228/2004 and
229/2004 shall continue to apply with regard to import
licences issued in accordance with those Regulations for the
import period expiring on 31 May 2006.

Article 20

Entry into force

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

Each seventh working day after the end of each month referred
to in Article 8(3), the Commission shall forward to the Member
States any information received under Article 12.

The provisions concerning ‘A’
starting on 1 June 2006 shall apply from 1 April 2006.

licences for the import period

The Commission shall keep the Member States
informed,

regularly
in due time and in an appropriate manner, of the

The provisions
1 January 2006.

concerning ‘B’

licences

shall

apply from

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

Done at Brussels, 16 November 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

17.11.2005

EN

Official Journal of the European Union

L 300/27

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

ANNEX I

Origin

Order
number

First quarter
(June-August)

Second quarter
(September-
November)

Third quarter
(December-
February)

Fourth quarter
(March-May)

Quota (tonnes)

Argentina

Traditional
importers

09.4104

—

—

9 590

3 813

New importers

09.4099

4 110

1 634

China

Traditional
importers

09.4105

2 520

2 520

2 100

2 100

New importers

09.4100

1 080

1 080

Other countries

Traditional
importers

09.4106

941

1 960

New importers

09.4102

Total

—

403

4 944

840

6 400

900

929

398

18 027

900

386

166

8 999

Total

19 147

13 200

6 023

38 370

L 300/28

EN

Official Journal of the European Union

17.11.2005

ANNEX II

Entries as referred to in Article 4(2)

Derecho de aduana 9,6 % — Reglamento (CE) no 1870/2005,
Celní sazba 9,6 % – nařízení (ES) č. 1870/2005,
Toldsats 9,6 % — forordning (EF) nr. 1870/2005,
Zollsatz 9,6 % — Verordnung (EG) Nr. 1870/2005,
Tollimaks 9,6 % – määrus (EÜ) nr 1870/2005,
Δασμός 9,6 % — Κανονισμός (ΕΚ) αριθ. 1870/2005,
Customs duty 9,6 % — Regulation (EC) No 1870/2005,
Droit de douane: 9,6 % — Règlement (CE) no 1870/2005,
Dazio: 9,6 % — Regolamento (CE) n. 1870/2005,
Muitas nodoklis 9,6 % – Regula (EK) Nr. 1870/2005,
Muito mokestis 9,6 % – Reglamentas (EB) Nr. 1870/2005,
Vám: 9,6 % – 1870/2005/EK rendelet,
Douanerecht: 9,6 % — Verordening (EG) nr. 1870/2005,
Cło 9,6 % – Rozporządzenie (WE) nr 1870/2005,
Direito aduaneiro: 9,6 % — Regulamento (CE) n.o 1870/2005,
Clo 9,6 % – nariadenie (ES) č. 1870/2005,
Carina: 9,6 % – Uredba (ES) št. 1870/2005,
Tulli 9,6 prosenttia – Asetus (EY) N:o 1870/2005,
Tull 9,6 % – Förordning (EG) nr 1870/2005.

— in Spanish:
— in Czech:
— in Danish:
— in German:
— in Estonian:
— in Greek:
— in English:
— in French:
— in Italian:
— in Latvian:
— in Lithuanian:
— in Hungarian:
— in Dutch:
— in Polish:
— in Portuguese:
— in Slovak:
— in Slovenian:
— in Finnish:
— in Swedish:

17.11.2005

EN

Official Journal of the European Union

L 300/29

ANNEX III

Entries as referred to in Article 5(2)

–– in Spanish:

certificado expedido y válido solamente para el
28/29/30/31 …

trimestre comprendido entre el 1 … y el

–– in Czech:

Licence vydaná a platná pouze pro čtvrtletí od 1. … do 28./29./30./31. …

–– in Danish:

licens, der kun er udstedt og gyldig for kvartalet fra 1. … til 28./29./30./31. …

–– in German:

Lizenz nur erteilt und gültig für das Quartal vom 1. … bis 28./29./30./31. …

–– in Estonian:

Litsents on välja antud üheks kvartaliks alates 1. [kuu] kuni 28./29./30./31. [kuu] ja kehtib selle
aja jooksul

–– in Greek:

Πιστοποιητικό εκδοθέν και ισχύον μόνο για το τρίμηνο από την 1η … έως τις 28/29/30/31 …

–– in English:

licence issued and valid only for the quarter 1 [month] to 28/29/30/31 [month]

–– in French:

certificat émis et valable seulement pour le trimestre du 1er … au 28/29/30/31 …

–– in Italian:

titolo rilasciato e valido unicamente per il trimestre dal 1o … al 28/29/30/31 …

–– in Latvian:

atłauja izsniegta un derīga tikai ceturksni no 1. [ménesis] līdz 28/29/30/31 [ménesis]

–– in Lithuanian: Licencija išduota ir galioja tik vienam ketvirčiui nuo 1 [mėnuo] iki 28/29/30/31 [mėnuo]

–– in Hungarian: Az engedélyt kizárólag a [hó] 1-jétől [hó] 28/29/30/31-ig terjedő negyedévre állították ki és kizárólag

erre az időszakra érvényes

–– in Dutch:

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

–– in Polish:

Pozwolenie wydane i ważne tylko na kwartał od 1 … do 28/29/30/31 …

–– in Portuguese:

certificado emitido e válido apenas para o trimestre de 1 de … a 28/29/30/31 de …

–– in Slovak:

povolenie vydané a platné len pre štvrťrok od 1. [mesiac] do 28./29./30./31. [mesiac]

–– in Slovenian:

dovoljenje, izdano in veljavno izključno za četrtletje od 1. … do 28./29./30./31. …

–– in Finnish:

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

–– in Swedish:

licens utfärdad och giltig endast för tremånadersperioden den 1 … till den 28/29/30/31 …

L 300/30

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Official Journal of the European Union

17.11.2005

ANNEX IV

List of third countries as referred to in Articles 13, 14 and 15

Iran

Lebanon

Malaysia

United Arab Emirates

Vietnam