CELEX: 31975R1869
Language: en
Date: 1975-07-22 00:00:00
Title: Regulation (EEC) No 1869/75 of the Commission of 22 July 1975 amending Regulation (EEC) No 2107/74 laying down protective measures applicable to imports of preserved mushrooms

23 . 7 . 75                               Official Journal of the European Communities                           No L 190 / 23
                             REGULATION (EEC) No 1869/75 OF THE COMMISSION
                                                          of 22 July 1975
              amending Regulation ( EEC) No 2107/74 laying down protective measures appli­
                                          cable to imports of preserved mushrooms
THE COMMISSION OF THE EUROPEAN                                       persons who have not imported the products in ques­
COMMUNITIES,                                                         tion during 1973 ;
Having regard to the Treaty establishing the European                Whereas it seems fair to allow Member States to
Economic Community, and in particular Article 43                     extend the period of validity of such licences in cases
thereof ;                                                            of force majeure,
Having regard to Council Regulation (EEC) No
865/68 (') of 28 June 1968 on the common organiza­
tion of the market in products processed from fruit                  HAS ADOPTED THIS REGULATION :
and vegetables, as last amended by Regulation (EEC)
No 1420 /75 (2);
                                                                                               Article I
Having regard to Council Regulation (EEC) No
 1427/71 (3 ) of 2 July 1971 introducing protective
measures for products processed from fruit and vegeta­                1 . The text of the second subparagraph of Article 1
bles, and in particular Article 1 (2) thereof ;                      (2) of Regulation ( EEC) No 2107/74 is replaced by the
                                                                     following :
Whereas Article 1 (4) of Commission Regulation
( EEC) No 21 07/74 (4) of 8 August 1974 laying down                        'The licence shall be issued for imports to be
protective measures applicable to imports of preserved                     effected during the quarter in respect of which it
mushrooms, as amended by Regulation (EEC) No                               was drawn up. It shall be valid for imports into the
2587/74 (5 ), provides that import licences shall not be                   Member State which issued it\
required for imports originating in third countries
which are willing to undertake to maintain a certain                 2. The text of the first subparagraph of Article 1 (3)
minimum price level ; whereas it appears possible that               of Regulation ( EEC) No 2107/74 is replaced by the
some third countries are willing to undertake to limit               following :
their exports to the Community ; whereas, therefore, it
 is advisable to exempt exports originating from these                     'When application for a licence is made, the quan­
countries from the system of import licences ;                             tities of products to be imported in the course of
                                                                           each quarter shall be indicated .
Whereas under Article 3 of Regulation (EEC) No
 2107/74 the reference quantity is to be equal either to                    For the purposes of this Regulation a quarter shall
 the quantity of preserved mushrooms imported by the                       mean one of the following periods :
 applicant during the corresponding month in 1973 or
 to the average quantity imported during the corres­                       — 1 January to 31 March ,
 ponding months in 1971 , 1972 and 1973 ; whereas in                       — 1 April to 30 June,
 order to simplify the administrative task of Member                       — 1 July to 30 September,
 States in applying the protective measures it is advis­                   — 1 October to 31 December,
 able to lay down only one reference period ; whereas
 for this purpose it is appropriate to select the period                    of the year in question '.
 in which the greatest quantities were imported ;
 Whereas for the same purpose it is advisable to amend                                         Article 2
 the detailed rules concerning the issue and period of
 validity of the licences ;                                           The text of Article 1 (4) of Regulation ( EEC) No
                                                                      2107/ 74 is replaced by the following :
 Whereas, with a view to improving the administration
 of the licensing system , it is advisable to relax the               ' Import licences shall not be required for imports orig­
 rules applicable to applications for licences made by                inating in third countries to be specified which are
                                                                      willing and in a position to undertake that the quanti­
 (') OJ No L 1 53 , 1 . 7 . 1968 , p. 8 .                             ties of products originating in their territory imported
 (-) OJ No L 141 , 3 . 6 . 1975, p. 1 .
 (') OJ No L 151 , 7 . 7 . 1971 , p. 5 .                               into the Community shall not exceed certain
 Y) OJ No L 218, 9. 8 . 1974, p. 54.                                   maximum quantities and that all deflection of trade
 (3 ) OJ No L 276, 11 . 10 . 1974, p. 30 .                            will be avoided '.
 ---pagebreak--- No L 190/24                         Official Journal of the European Communities                             23 . 7 . 75
                         Article 3                                2. Licences issued before 1 August 1975 on the
                                                                  basis of a reference quantity equal to the average
The text of Article 2 of Regulation (EEC) No 2107/74              quantity imported into the Community in the
is replaced by the following :                                    course of 1971 , 1972 and 1973 during each of the
                                                                  months corresponding to those indicated in the
    '1.     Member States shall notify the Commission             application shall be regarded as having been
    by telex :                                                    issued on the basis of the reference quantity as
    (a) at the latest on the fifth day of the month               defined in paragraph 1 '.
         preceding each quarter and for the first time
         by 5 September 1975, of the quantities indi­                                  Article 5
         cated for each quarter in the licence applica­
         tions lodged with them ;
                                                              The text of Article 4 of Regulation (EEC) No 2107/74
    (b) at the latest on the fifth day of the first month     is replaced by the following :
         of each quarter, of the quantities for the
         quarter in question in respect of which import           'Where applications for licences are made by
         licences were issued between the twentieth day           persons who have not imported the products in
         and the end of the previous month .                      question into the Community during 1973, such
                                                                  applications shall by way of derogation from the
    2. On the basis of the notifications provided for             abovementioned provisions, be granted subject to
    in paragraph 1 the Commission shall assess the                an overall limit for all applications taken together
    situation and decide as provided in Article 3 on              of 5 % of the average quantities of products
    the quantities of products for which licences shall           imported during each of the periods of 1973
    be issued .                                                   corresponding to those specified in the applica­
                                                                  tions into the Member State with whose authori­
    3.     The   Commission     shall  reach    a decision        ties such applications are lodged. Imports origi­
    during the week following that in which the quan­             nating in countries having given the undertaking
    tities applied for are notified to it. If, however, the       referred to in Article 1 (4) shall be excluded when
    Commission fails to act within that week, the                 the average quantities are being calculated .
    conditions previously in force for the issue of               Member States shall issue licences in respect of
    import licences shall continue to apply.                      such applications by apportioning equitably
                                                                  amongst all the applicants the quantity corres­
    4.     Import licences shall be issued, within the            ponding to the limit referred to in the preceding
    limits of the amounts applied for, for the quanti­            paragraph .
    ties determined by the Commission . They shall be
    issued from the twentieth day until the end of the            Member States shall notify the Commission in
    month preceding the quarter in question .                     accordance with Article 2 ( 1 ) of the quantities for
                                                                  which such import licences have been applied for
    In so far as applications relate to quantities                and granted'.
    exceeding these specified by the Commission they
    shall be refused'.
                                                                                       Article 6
                         Article 4                            In Article 5 ( 1 ) (a) and (b) of Regulation (EEC) No
                                                              2107/74, the word 'month ' is in each case replaced by
The text of Article 3 of Regulation (EEC) No 2107/74          the word 'period'.
is replaced by the following :
    ' 1 . The Commission shall determine the quanti­                                   Article 7
    ties of products for which licences shall be issued
    by fixing a percentage to be applied to the refer­        The text of Article 7 (e) of Regulation (EEC) No
    ence quantity laid down for each applicant in             2107/74 is replaced by the following :
    respect of each period for which a licence is
    issued .                                                      'the period for which it was issued'.
    The reference quantity shall for each period indi­
    cated in the application be equal to the quantity of                               Article 8
    preserved mushrooms imported by the applicant
    into the Community in 1973 during that period .
                                                              The text of . Article 10 of Regulation ( EEC) No
    Imports originating in third countries having             2107/74 is replaced by the following :
    given the undertaking referred to in Article 1 (4)
    shall not be taken into account when the reference            ' 1 . On application by the party concerned the
    quantity is being determined .                                Member State which issued the import licence
 ---pagebreak--- 23 . 7 . 75                          Official Journal of the European Communities                          No L 190 / 25
     shall decide that the obligation to import is                      their importation under arrangements for the
     cancelled and that the deposit shall not be for­                   suspension of customs duties or other charges
     feited in respect of quantities of products which                  having equivalent effect, of their departure
     the party concerned has imported or has had                        from Community territory and of their free
     imported into the territory of the Community                       entry for home use in a third country.
     under arrangements for the suspension of customs               4.    Member States shall inform the Commission
     duties or charges having equivalent effect and
     which have left the territory of the Community                 of the circumstances recognised by them as consti­
     and been entered for home use in a third country.              tuting force majeure '.
     2. Where as a result of force majeure importa­                                      Article 9
     tion cannot be effected during the period of
     validity of the licence the competent agency of the        In Article lib as follows is added to Regulation (EEC)
     issuing Member State shall decide, at the request          No 2107/ 74 :
     of the titular holder, either that the obligation to            Article lib
     import be cancelled, the deposit being released , or
     that the period of validity of the licence be                  Should these protective measures continue to
     extended for such period as may be considered                  apply after 30 September 1975 any licences issued
     necessary in view of the circumstances invoked .               before 1 September 1975 for imports to be carried
     Such extension may be granted after the period of              out on or after 1 October 1975 shall be replaced
     validity of the licence has expired .                          by the competent authority of the Member State
                                                                    by new licences issued in respect of a quarter.
     The    decision     to cancel or to extend shall   be
                                                                    Member States shall inform the Commssion of
     restricted to that quantity of the product which
     could not be imported by reason of force majeure.              the quantities in respect of which licet ces are
                                                                    replaced as provided in the preceding paragraph'.
     Any extension of a licence shall be recorded by
     means of an endorsement stamped by the issuing                                      Article 10
     agency on the licence and by the appropriate of
     the licence .                                              This Regulation shall enter into force on the third day
                                                                following its publication in the Official Journal of
     3 . The importer shall by means of appropriate             the European Communities.
     documents furnish proof :
     (a) of the circumstances regarded as constituting          Articles 2, 4, 5, 6, 7 and 8 shall apply with effect from
          force majeure ;                                       1 August 1975 .
     (b) of the period during which the products                Articles 1 , 3 and 9 shall apply with effect from 1
          remained on Community territory following             September 1975 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 22 July 1975 .
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                       Member of the Commission