Commission Regulation (EC) No 1995/2005 of  7 December 2005  amending Regulation (EC) No 1864/2004 opening and providing for the administration of tariff quotas for preserved mushrooms imported from third countries
Date: 2005-12-07
Institutions: European Commission
Subjects: CCT duties, import, import licence, mushroom-growing, preserved product, tariff quota, third country

L 320/34

EN

Official Journal of the European Union

8.12.2005

COMMISSION REGULATION (EC) No 1995/2005

of 7 December 2005

amending Regulation (EC) No 1864/2004 opening and providing for the administration of tariff
quotas for preserved mushrooms imported from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

1. Article 1 is replaced by the following:

Having regard to the Treaty
Community,

establishing the European

‘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,

Whereas:

A system of

genus Agaricus

1.
tariff quotas is opened in relation to
imports into the Community of preserved mushrooms of
CN codes
the
0711 51 00, 2003 10 20 and 2003 10 30 (hereinafter
referred to as preserved mushrooms),
to the
conditions laid down in this Regulation. The volume of
their order number and the
each of
period for which they apply, are specified in Annex I.

classifiable within

the tariff quotas,

subject

(1)

(2)

(3)

(4)

(5)

Commission Regulation (EC) No 1864/2004 (2) provides
for two periods of application for import licences per
year.

2.
The rate of duty applicable shall be 12 % ad valorem in
the case of products falling within CN code 0711 51 00 and
23 % in the case of products falling within CN codes
2003 10 20 and 2003 10 30.

In the interest of reducing the administrative burden on
the competent authorities of the Member States and the
importers, only one application per year should be
to ensure the continuity of
provided for.
the licences should be
imports throughout
valid
until
date
from their
31 December of the year concerned.

the year,
effective

In order

issue

of

some order
In the interest of better management,
numbers of the tariff quotas opened by Regulation (EC)
No 1864/2004 should be changed. For the sake of
clarity, all of them should be listed in Annex I to that
Regulation.

Regulation (EC) No 1864/2004 should therefore be
amended accordingly.

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,

However, no duty shall apply in respect of products origi-
nating in Romania and Bulgaria.’;

2.

in Article 5, paragraph 2 is replaced by the following:

‘2.
Licences shall be valid from their effective date of issue
within the meaning of Article 23(2) of Regulation (EC)
No 1291/2000 until 31 December of the year concerned.’;

3.

in Article 6, paragraph 2 is replaced by the following:

the quantity allocated is not

‘2.
For imports originating in China and other countries,
if
fully exhausted by one
category of importers, the remainder shall be allocated to
the other category.’;

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1864/2004 is amended as follows:

(1) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by
Commission Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004,
p. 25).

(2) OJ L 325, 28.10.2004, p. 30. Regulation as amended by Regulation

(EC) No 1857/2005 (OJ L 297, 15.11.2005, p. 9).

4. Article 7 is replaced by the following:

‘Article 7

Restrictions applicable to applications presented by
different importers

to import

The total amount (drained net weight) of the licence
1.
applications
into the Community preserved
mushrooms originating in China and/or other countries
submitted by a traditional
importer may not relate to a
quantity exceeding 150 % of the reference quantity.

8.12.2005

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Official Journal of the European Union

L 320/35

to import

The total amount (drained net weight) of the licence
2.
applications
into the Community preserved
mushrooms originating in China and/or other countries
submitted by a new importer may not relate to a quantity
exceeding 1 % of the sum of tariff quotas allocated to China
and other countries pursuant to Annex I.’;

‘If
it is found that the quantities applied for exceed the
quantity available, the Commission shall decide, by means
of a Regulation, to set an allocation coefficient to be applied
to the licence applications in question.’;

8. In Article 16, paragraph 1 is replaced by the following:

5. In Article 8, paragraph 2 is replaced by the following:

Importers shall submit their applications for licences

‘2.
during the first five working days of January.’;

6.

in Article 9, the first paragraph is replaced by the following:

‘Member States shall notify the Commission, no later than
on the tenth working day of January, of the quantities for
which licence applications have been lodged.’;

it

If

‘1.
is found that applications and/or declarations
presented by an importer to the competent authorities of a
Member State are false, misleading or inaccurate, unless they
are clearly due to a genuine error, the competent authorities
of the Member States concerned shall exclude the importer
in question from the licence applications system for the next
application period as referred to in Article 8(2).’;

9. Annex I is replaced by the text in the Annex to this Regu-

lation.

Article 2

7. In Article 10(2), the first subparagraph is replaced by the

following:

This Regulation shall enter into force on the seventh day
following 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, 7 December 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Official Journal of the European Union

8.12.2005

ANNEX

‘ANNEX I

Volume, order number and period of application of tariff quotas referred to in Article 1(1) in tonnes (drained net weight)

Country of origin

Bulgaria

Romania

China

Other countries

Order No

09.4725

09.4726

09.4157

09.4158

1 January to 31 December
of each year

2 887,5 (*)

500

23 750

3 290

(*) As from 1 January 2006, the allocation for Bulgaria shall be increased by 275 tonnes each year.’