Commission Regulation (EC) No 1979/2006 of 22 December 2006 opening and providing for the administration of tariff quotas for preserved mushrooms imported from third countries
Date: 2006-12-22
Institutions: European Commission
Subjects: China, import (EU), import licence, mushroom-growing, preserved product, tariff quota

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COMMISSION REGULATION (EC) No 1979/2006

of 22 December 2006

opening and providing for the administration of tariff quotas for preserved mushrooms imported
from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of Bulgaria and
Romania, and in particular its Article 4(3),

Having regard to the Act of Accession of Bulgaria and Romania,
and in particular its Article 41,

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

(5)

Whereas:

(1)

(2)

(3)

Following the Agreement on Agriculture (2) concluded
during the Uruguay Round of multilateral trade nego-
tiations,
the Community undertook to open from 1
July 1995, under certain conditions, Community tariff
quotas for certain preserved mushrooms of the genus
Agaricus spp.

The conditions for the administration of those quotas
have been established by Commission Regulation (EC)
No 1864/2004 of 26 October 2004 opening and
providing for the administration of
tariff quotas for
preserved mushrooms imported from third countries (3).
For the sake of clarity, that Regulation should be repealed
and replaced by a new Regulation as from 1 January
2007.

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, approved by Council Decision
2006/398/EC (4), provides for an increase by 5 200
tonnes of the tariff quota of preserved mushrooms of
the genus Agaricus falling within CN codes 0711 51 00,
2003 10 20 and 2003 10 30 originating in China.

(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 336, 23.12.1994, p. 22.
(3) OJ L 325, 28.10.2004, p. 30. Regulation as last amended by Regu-

lation (EC) No 1995/2005 (OJ L 320, 8.12.2005, p. 34).

(4) OJ L 154, 8.6.2006, p. 22.

Commission Regulation (EC) No 1301/2006 of 31
August 2006 laying down common rules for the admin-
istration of import tariff quotas for agricultural products
managed by a system of import licences (5) applies to
import licences for import tariff quota periods starting
from 1 January 2007. Regulation (EC) No 1301/2006
lays down in particular detailed provisions on appli-
cations for import licences, the status of applicants and
the issue of licences. That Regulation limits the period of
validity of licences to the last day of the import tariff
quota period. The provisions of Regulation (EC) No
1301/2006 should apply to import
issued
pursuant to this Regulation, without prejudice to addi-
tional
the
applicants laid down in this Regulation.

derogations

concerning

conditions

licences

and

the quantities in excess of

Detailed arrangements should be laid down to ensure
that
the tariff quotas are
subjected to the levying of the full duty provided for in
the Common Customs Tariff. Licences should therefore
be issued at the end of a period in which the quantities
are checked and the necessary notifications are made by
the Member States. These provisions are either supple-
mentary
from the provisions of
Commission Regulation (EC) No 1291/2000 of 9 June
2000 laying down common detailed rules for the appli-
cation of the system of import and export licences and
advance fixing certificates for agricultural products (6).

to or derogate

(6)

(7)

There should continue to be an adequate supply of the
products concerned on the Community market at stable
prices whilst avoiding unnecessary market disruptions in
the form of severe price fluctuations and negative effects
on the Community producers. To this end, competition
to an
importers
amongst
should be
on
degree
increasing
importers reduced.

administrative

encouraged

burdens

and

In the interest of existing importers, who normally
import substantial quantities of the products concerned,
and also in the interest of new importers who join the
market and should also have a fair opportunity to apply
for licences for a quantity of preserved mushrooms under
tariff quotas, a distinction should be drawn between
traditional
importers and new importers. A clear defi-
nition of these two categories of importers should be
provided, and certain criteria relating to the status of
the licences allocated
the applicants and the use of
should be laid down.

(5) OJ L 238, 1.9.2006, p. 13.
(6) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1713/2006 (OJ L 321, 21.11.2006, p. 11).

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It is appropriate to establish an allocation between the
two categories of importers on the basis of the quantities
effectively imported rather than on the basis of
the
licences issued.

(15) Arrangements should be laid down for the years 2007
and 2008 to ensure that a distinction is made between,
on the one hand,
and new
traditional
importers within the Community as constituted at 31
traditional
December 2006 and, on the other hand,
importers and new importers in Bulgaria and Romania.

importers

(8)

(9)

(10)

In the interest of existing importers, those quantities of
preserved mushrooms that fall under the tariff quotas
managed by this Regulation and could not be imported
during an import tariff quota period due to force majeure
should also be taken into account in the calculation of
the
the
subsequent reduction of their reference quantity.

reference quantities,

to prevent

in order

Licence applications to import preserved mushrooms
from third countries presented by each category of
importers should be subject to certain restrictions. Such
restrictions are necessary to ensure not only that compe-
tition between importers is preserved, but also that each
importer with a genuine commercial activity in the fruit
and vegetable market is given the opportunity to defend
its legitimate trading positions vis-à-vis other importers
and that no single importer is able to control the market.

(11)

In order to improve and simplify the administration of
tariff quotas for preserved mushrooms, clear provisions
should be made as regards the dates and procedures for
lodging the licence applications and the issuing of the
the Member
licences by the competent authorities of
States.

(12) Measures are also needed to keep speculative applications
for licences which may result in the tariff quotas not
being fully utilised to a minimum. Because of
the
nature and the value of
the product concerned, a
security should be lodged in respect of each tonne
the product concerned for
(drained net weight) of
which an application for a licence to import is made.
The security should be at a level sufficiently high to
discourage speculative applications, but not so high as
to discourage those engaged in genuine commercial
activity in relation to processed fruit and vegetable
products. The most appropriate objective criteria for
setting the level of the security is a limit of 2 % of the
average additional duty applicable to imports into the
the genus
Community of preserved mushrooms of
falling within CN codes
currently
Agaricus
0711 51 00, 2003 10 20 and 2003 10 30.

spp.

(16)

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

HAS ADOPTED THIS REGULATION:

Article 1

Opening of tariff quotas and applicable duties

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

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.

Article 2

Application of Regulations (EC) No 1291/2000 and (EC)
No 1301/2006

Regulations (EC) No 1291/2000 and (EC) No 1301/2006 shall
apply, save as otherwise provided for in this Regulation.

Article 3

Definitions

For the purposes of this Regulation,

‘competent autho-
shall mean the body or bodies designated by the

1.
rities’
Member State for the implementation of this Regulation.

(13)

Bulgaria and Romania are due to join the European
Union on 1 January 2007. Consequently,
the GATT
quota currently allocated for them should be reallocated
to other suppliers.

For the purposes of this Regulation,

‘reference quantity’
2.
shall mean the maximum quantity (drained net weight) of
preserved mushrooms imported per calendar year by a tradi-
tional importer during one of the last three calendar years.

(14)

Transitional measures should be laid down in order to
allow importers from Bulgaria and Romania to benefit
from this Regulation.

Imports of preserved mushrooms originating in Member States
of the Community as constituted at 31 December 2006 or in
Bulgaria and Romania shall not be taken into account in the
calculation of the reference quantity.

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Quantities of preserved mushrooms that fall under the tariff
quotas referred to in Article 1(1) and could not be imported
during an import tariff quota period due to force majeure shall be
taken into account in the calculation of the reference quantity.

marked with a cross. The licence shall be valid only for imports
originating in the country indicated.

Article 4

Categories of importers

By way of derogation from Article 5 of Regulation (EC)
importers’ shall mean importers

‘traditional

1.
No 1301/2006,
who can prove that:

(a)

they have
imported into the Community preserved
mushrooms in at least two of the previous three calendar
years;

(b) they have imported into the Community at least 100 tonnes
of processed fruit and vegetable products, as referred to in
Article 1(2) of Regulation (EC) No 2201/96, during the year
preceding their application.

By way of derogation from Article 5 of Regulation (EC)
‘new importers’ shall mean importers other
this Article,
that
least 50 tonnes of
referred to in
in each of the

2.
No 1301/2006,
than those referred to in paragraph 1 of
have imported into the Community at
processed fruit and vegetable products, as
Article 1(2) of Regulation (EC) No 2201/96,
two previous calendar years.

By way of derogation from Article 9(1) of Regulation (EC)
4.
No 1291/2000, the rights arising from import licences shall not
be transferable.

Article 6

Allocation of total quantities among traditional and new
importers

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

(a) 95 % to traditional importers;

(b) 5 % to new importers.

If the quantity allocated to China and other third countries
the

2.
is not
remainder shall be allocated to the other category.

fully exhausted by one category of

importers,

3.
Box 20 of licence applications shall
importer’ or ‘new importer’ as appropriate.

indicate ‘traditional

3.
Traditional and new importers shall submit the proof that
the criteria laid down in paragraphs 1 or 2 are met, at the time
of their first application for a given import tariff quota period to
the competent authorities of the Member State in which they
are established and in which they are registered for VAT
purposes.

Article 7

Restrictions applicable to applications

1.
The total amount (drained net weight) of the licence appli-
cations to import into the Community preserved mushrooms
submitted by a traditional importer may not relate to a quantity
exceeding 150 % of the reference quantity.

Proof of trade with third countries shall be furnished exclusively
by means of the customs documents of release for free circu-
lation, duly endorsed by the customs authorities and containing
a reference to the applicant concerned as being the consignee.

Article 5

Licence applications and licences

Import licences (hereinafter referred to as ‘licences’) shall
1.
be valid from their effective date of issue within the meaning of
Article 23(2) of Regulation (EC) No 1291/2000.

The amount of the security shall be EUR 40 per tonne

2.
(drained net weight).

3.
The country of origin shall be entered in Box 8 of the
licence application and the licence, and the word ‘yes’ shall be

2.
The total amount (drained net weight) of the licence appli-
cations to import into the Community preserved mushrooms
submitted by a new importer for a certain origin may not
exceed 1 % of the total quantity referred to in Annex I for
that origin.

Article 8

Lodging of licence applications by importers

Importers

1.
during the first five working days of January.

their applications

submit

shall

for

licences

2. When new importers have obtained licences pursuant to
Regulation (EC) No 1864/2004 or
this Regulation in the
previous calendar year, they shall also produce proof that at
least 50 % of the quantity allocated to them has actually been
released into free circulation in the Community.

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Article 9

Notifications of licence applications

(a)

they have imported preserved mushrooms in at least two
of the three preceding calendar years;

Member States shall notify the Commission, no later than on
the 10th working day of January, of the quantities in kilograms
for which licence applications have been lodged.

Notifications shall be broken down by CN code and origin, and
shall also give separate figures for the quantities of each product
applied for by traditional and new importers, respectively.

Article 10

Issuing of licences

Licences shall be issued by the competent authorities of the
Member States on the seventh working day following the
deadline for notification provided for in the first paragraph of
Article 9.

Article 11

International commitments applicable to imports from
China

1.
The entry into free circulation in the Community of
preserved mushrooms originating in China shall be subject to
Articles
(EEC)
No 2454/93 (1).

of Commission Regulation

65

55

to

The authorities competent to issue the certificate of origin
2.
for preserved mushrooms originating in China are listed in
Annex II.

(b) they have imported during the preceding calendar year at
least 100 tonnes of processed fruit and vegetable
products, as referred to in Article 1(2) of Regulation
(EC) No 2201/96;

(c)

the imports referred to in points (a) and (b) have taken
place in Bulgaria or Romania, where the importer
concerned has its head office;

2.

‘new importers’ shall mean importers other
than those
referred to in point 1, that have imported into Bulgaria or
Romania at least 50 tonnes of processed fruit and vegetable
products, as referred to in Article 1(2) of Regulation (EC)
in each of the two previous calendar years.
No 2201/96,

Article 14

Repeal

Regulation (EC) No 1864/2004 is repealed with effect from
1 January 2007.

Article 15

Entry into force

This Regulation shall enter into force on the third day following
that of
the European
Union.

its publication in the Official

Journal of

Article 12

It shall apply from 1 January 2007.

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.

Article 13 shall apply subject to and on the date of the entry
into force of the Treaty of Accession of Bulgaria and Romania.

Article 13

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

Transitional measures for the years 2007 and 2008

By way of derogation from Articles 4(1) and (2), for the years
the
2007 and 2008, and only in Bulgaria and Romania,
following definitions shall apply:

1.

‘traditional importers’ shall mean importers who can prove
that:

Done at Brussels, 22 December 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 253, 11.10.1993, p. 1.

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ANNEX I

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

Country of origin

Order Numbers

1 January to 31 December of each year

China

Traditional importers: 09.4157

New importers: 09.4193

Other third countries

Traditional importers: 09.4158

New importers: 09.4194

28 950

5 030

ANNEX II

List of competent Chinese authorities for issuing the certificates of origin referred to in Article 10(2):
— General Administration of Quality Supervision
— Entry-exit Inspection and Quarantine Bureau of the People’s Republic of China in:

Beijing

Shanxi

Inner Mongolia

Hebei

Liaoning

Jilin

Shandong

Zhejiang

Anhui

Hubei

Guangdong

Xiamen

Jiangxi

Zhuhai

Sichuan

Chongqing

Yunnan

Guizhou

Shaanxi

Gansu

Qinghai

Tibet

Fujian

Shenzhen

Ningxia

Tianjin

Shanghai

Ningbo

Jiangsu

Guangxi

Heilongjiang

Hainan

Henan

Xinjiang

Hunan