Commission Regulation (EC) No 991/2006 of  30 June 2006  amending Regulation (EC) No 1870/2005 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: 2006-06-30
Institutions: European Commission
Subjects: bulb vegetable, certificate of origin, import licence, originating product, tariff quota, third country

1.7.2006

EN

Official Journal of the European Union

L 179/15

COMMISSION REGULATION (EC) No 991/2006

of 30 June 2006

amending Regulation (EC) No 1870/2005 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,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Article 1

Regulation (EC) No 1870/2005 is amended as follows:

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,

1.

in Article 2(5), point (c) is replaced by the following:

Whereas:

(1)

(2)

(3)

(4)

(5)

The Agreement in the form of an Exchange of Letters
between the European Community and the People’s
Republic of China pursuant
to Article XXIV:6 and
Article XXVIII of the General Agreement on Tariffs and
Trade (GATT) 1994 (2), approved by Council Decision
2006/398/EC (3), provides, for China, for an increasing
by 20 500 tons of the tariff quota of garlic falling within
CN code 0703 20 00.

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

2. Article 3 is amended as follows:

increase

That
Commission Regulation (EC) No 1870/2005 (4).

reflected in Annex I

should be

(a) paragraph 1 is replaced by the following:

to

Experience has shown that certain provisions of Regu-
lation (EC) No 1870/2005 concerning the reference
quantity, definitions of importers,
import licence appli-
cations and information supplied by the Commission
should be improved for the sake of clarity.

Regulation (EC) No 1870/2005 should therefore be
amended accordingly.

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

“Traditional

importers” means importers, whether
‘1.
natural or
individuals or groups of
operators set up in accordance with national law, who
a Member State considers to have:

legal persons,

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

(b) imported garlic into the Community in at least two
of the previous three completed import periods;

(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 154, 8.6.2006, p. 24.
(3) OJ L 154, 8.6.2006, p. 22.
(4) OJ L 300, 17.11.2005, p. 19.

(c)

imported into the Community at least 50 tonnes of
fruit and vegetables as referred to in Article 1(2) of
Regulation (EC) No 2200/96 during
last
completed import period preceding their appli-
cation.’;

the

L 179/16

EN

Official Journal of the European Union

1.7.2006

(b) in paragraph 3(a), point (i) is replaced by the following:

5. Article 17 is amended as follows:

‘(i)

than the new Member

they have imported garlic from countries of origin
other
the
Community as constituted at 30 April 2004 in at
least two of the previous three completed import
periods;’

States or

3.

in Article 7, paragraph 2 is replaced by the following:

‘2.
The total quantity covered by “A” licence applications
submitted by a new importer in any quarter may not exceed
10 % of the total 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.’;

(a)

the second subparagraph is deleted;

(b) the third subparagraph is replaced by the following:

‘The Commission shall keep the Member States regularly
informed, in due time and in an appropriate manner, of
the amounts of quotas used and of information received
under Articles 12 and 16(2).’;

4.

in Article 8(2), the third subparagraph is replaced by the
following:

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

lation.

‘Where, during the previous completed import period, new
importers have obtained import licences pursuant to this
Regulation or Regulation (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 2

This Regulation shall enter into force on the third 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, 30 June 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

1.7.2006

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Official Journal of the European Union

L 179/17

ANNEX

‘ANNEX I

For the 2006/2007 import period

Quota (tonnes)

Origin

Order number

First Quarter
(June-August)

Second Quarter
(September-
November)

Third Quarter
(December-
February)

Fourth Quarter
(March-May)

Argentina

Traditional
importers

09.4104

New importers

09.4099

—

—

Total

China

Traditional
importers

09.4105

2 520

New importers

09.4100

1 080

3 600

Total

Other countries

Traditional
importers

09.4106

941

New importers

09.4102

Total

Total

—

403

1 344

4 944

—

—

2 520

1 080

3 600

1 960

840

2 800

6 400

9 590

4 110

13 700

3 813

1 634

5 447

9 275

9 275

3 975

13 250

929

398

1 327

28 277

For the subsequent import periods

Quota (tonnes)

Origin

Order number

First Quarter
(June-August)

Second Quarter
(September-
November)

Third Quarter
(December-
February)

Fourth Quarter
(March-May)

19 249

58 870

Argentina

Traditional
importers

09.4104

New importers

09.4099

—

—

Total

China

Traditional
importers

09.4105

6 108

New importers

09.4100

2 617

8 725

Total

Other countries

Traditional
importers

—

—

6 108

2 617

8 725

9 590

4 110

13 700

5 688

2 437

8 125

09.4106

941

1 960

929

New importers

09.4102

Total

Total

—

403

1 344

10 069

840

2 800

11 525

398

1 327

23 152

14 124

58 870’

Total

19 147

33 700

6 023

Total

19 147

33 700

6 023

3 975

13 250

386

166

552

3 813

1 634

5 447

5 688

2 437

8 125

386

166

552