Commission Regulation (EC) No 972/2008 of 3 October 2008 amending Regulation (EC) No 341/2007 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic and certain other agricultural products imported from third countries
Date: 2008-10-03
Institutions: European Commission
Subjects: agricultural product, bulb vegetable, certificate of origin, import licence, tariff quota, third country

L 265/6

EN

Official Journal of the European Union

4.10.2008

COMMISSION REGULATION (EC) No 972/2008

of 3 October 2008

amending Regulation (EC) No 341/2007 opening and providing for the administration of tariff
quotas and introducing a system of import licences and certificates of origin for garlic and
certain other agricultural products imported from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Articles 134 and 148 thereof in conjunction with Article 4,

Whereas:

(1)

(2)

(3)

(4)

In accordance with Chapter II of Commission Regulation
(EC) No 341/2007 (2), applications for ‘A’ licence have to
be submitted in April, July, October and January of each
year, and ‘A’ licences are only valid for the subperiod for
which they have been issued.

According to 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 (3),
approved by Council Decision 2001/404/EC (4),
the
import tariff quota period for garlic should be divided
into four subperiods.

In order to provide importers with more flexibility, the
period in which they may lodge applications for ‘A’
licences should begin six weeks earlier.

In order to ensure that as much unused or partly used
import licences as possible may be reallocated, the quan­
tities, including nil returns, covered by unused or partly
used import licences and corresponding to the difference
between the quantities entered on the back of the import
licences and the quantities for which they were issued
should be notified by the end of November for the
information available at
time. Later notifications
that
only serve statistical purposes, so a single notification
at the end of July would be sufficient for such quantities.

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 90, 30.3.2007, p. 12.
(3) OJ L 142, 29.5.2001, p. 8.
(4) OJ L 142, 29.5.2001, p. 7.

It provides for a regime similar to that

Under Commission Regulation (EC) No 1084/95 of
the protective measure
15 May 1995 abolishing
applicable to imports of garlic originating in Taiwan
and replacing it with a certificate of origin (5) a certificate
the import of garlic from
of origin is required for
Taiwan.
laid
down in Chapter IV of Regulation (EC) No 341/2007
for garlic of certain other origins.
In the interests of
legislative simplification and readability, it is appropriate
to list all countries to which an origin certificate for
garlic is needed in one place. Taiwan should therefore
be added to the list of countries in Annex IV to Regu­
lation (EC) No 341/2007 to which Chapter IV of that
Regulation is applied. Regulation (EC) No 1084/95
should therefore be repealed.

(6)

Regulation (EC) No 341/2007 should therefore be
amended accordingly.

(7)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 341/2007 is amended as follows:

1. paragraph 1 of Article 10 is replaced by the following:

for

shall

submit

Importers

their applications

“A”
‘1.
five working days following the
licences during the first
the first subperiod (June to
15th day of February for
following the 15th day of May for the second
August),
following the 15th
subperiod (September to November),
day of August
to
for
February) and following the 15th day of November for the
fourth subperiod (March to May).’;

the third subperiod (December

(5) OJ L 109, 16.5.1995, p. 1.

4.10.2008

EN

Official Journal of the European Union

L 265/7

2.

in Article 12(1), the first and the second subparagraphs are
replaced by the following:

(b) the end of July for the remainder of the quantities for the

import tariff quota period in question.’;

‘By the end of each month referred to in Article 10(1),
Member States shall notify the Commission of the quantities
including nil returns, for which “A” licence
in kilograms,
applications have been lodged in respect of
the relevant
subperiod.

By way of derogation from the second subparagraph of
Article 11(1) of Regulation (EC) No 1301/2006, Member
States shall notify the information referred to in point (c)
of the first subparagraph of Article 11(1) of that Regulation
by:

3. Annex IV is replaced by the text set out in the Annex to this

Regulation.

Article 2

Regulation (EC) No 1084/95 is hereby repealed.

Article 3

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

(a)

the end of November for the quantities on which infor­
mation is available by that date, and

It shall apply from 15 November 2008.

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

Done at Brussels, 3 October 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

ANNEX

‘ANNEX IV

List of third countries referred to in Articles 15, 16 and 17

Iran

Lebanon

Malaysia

Taiwan

United Arab Emirates
Vietnam.’