CELEX: 31974R2107
Language: en
Date: 1974-08-08 00:00:00
Title: Regulation (EEC) No 2107/74 of the Commission of 8 August 1974 laying down protective measures applicable to imports of preserved mushrooms

No L 218 / 54                           Official Journal of the European Communities                               9 . 8 . 74
                             REGULATION (EEC) No 2107/74 OF THE COMMISSION
                                                       of 8 August 1974
               laying down protective measures applicable to imports of preserved mushrooms
THE COMMISSION OF THE EUROPEAN                                     the conclusion that imports threaten the Community
COMMUNITIES,                                                       market with serious disturbances which could jeopar­
                                                                   dize the objectives of Article 39 of the Treaty ;
                                                                   whereas, in these circumstances, it is necessary to take
Having regard to the Treaty establishing the European              protective measures ;
Economic Community ;
Having regard to Council Regulation (EEC) No                      Whereas the effect of the protective measures should
865/68 (') of 28 June 1868 on the common organiza­                 be to restrict imports so that they can be absorbed by
tion of the market in products processed from fruit                the Community market without worsening the situa­
and vegetables, as last amended by Regulation (EEC)                tion thereon ;
No 2429 / 72 (2) ;
Having regard to Council Regulation (EEC) No                       Whereas for this purpose imports should be restricted
1427/71 (3 ) of 2 July 1971 introducing protective                 by recourse to a system of import licences which will
measures for products processed from fruit and                     be issued as the situation on the Community market
vegetables, and in particular Article 1 (2) thereof ;              allows ; whereas, in order to cope with a difficult situa­
                                                                   tion on the Community markets, the period of
                                                                   validity of these licences should be limited ;
Whereas imports into the Community of preserved
mushrooms during the 1973 marketing year
amounted to some 40 000 metric tons ; whereas this
figure is considerably higher than the figure for                  Whereas imports originating in third countries willing
previous years ; whereas, furthermore, the figure for              to maintain a certain price level should not be
the first six months of 1974 is some 50 % higher than              included in the system of import licences ;
the figure for the corresponding period of 1973 ;
Whereas the offer prices from third countries are 20               Whereas recourse to a system of import licences
to 30 % less than the cost price within the Commu­                 makes it necessary for Member States to make prior
nity industry for preserved mushrooms ; whereas,                   provision for its establishment ; whereas consequently
consequently, the trend of imports from third coun­                this system may not be applied immediately but only
tries may aggravate the difficulties facing Community              with effect from 26 August 1974 ;
producers as regards production and marketing ;
Whereas massive imports from third countries at very               Whereas, in order to take account of existing trade
low prices create a situation on the Community                     relations and to ensure that the Community importers
market where products of Community origin lose                     concerned are fairly treated, the restriction on issuing
trade outlets ; whereas during the first half of 1974              licences to applicants should be based on factors
stocks of some 20 000 metric tons of preserved mush­               relating to a reference period ; whereas for this
rooms produced in the Community were in fact found                 purpose use should be made either of the month of
to exist on the Community market ; whereas these                   1973 for which applications are lodged or of the
stocks are considerably larger than those recorded in              average of the corresponding months from 1971 to
previous years ; whereas, furthermore, by reason of the            1973 if this average exceeds the quantity imported in
increased volume of imports stocks are likely to                   1973 ;
increase in the coming months ;
Whereas an assessment of the situation on the market,              Whereas the system of import licences must not result
the main points of which are outlined above, leads to              in excluding from the trade persons who have not
                                                                   carried out commercial transactions in preserved
(') OJ No L 153 , 1 . 7 . 1968 , p. 8 .                            mushrooms during 1971 , 1972 and 1973 ; whereas,
(2) 0*| No L 264 , 23 . 11 . 1972, p. 1                            consequently, it should be possible, within limits, to
b) Oj No L 151 , 7. 7. 1971 , p. 5.                                grant them import licences,
 ---pagebreak---    9 . 8 . 74                         Official Journal of the European Communities                         No L 218 / 55
/'
   HAS ADOPTED THIS REGULATION :                                 2. On the basis of the notifications provided for in
                                                                 paragraph 1 the Commission shall assess the situation
                                                                 and decide as provided in Article 3 on the quantities
                           Article 1                             of products for which licences shall be issued.
    1 . From 26 August 1974 all imports into the                 3 . The Commission shall reach a decision during
   Community of preserved mushrooms (subheading                  the week following that in which the quantities
   20.02 A of the Common Customs Tariff) from third             applied for are notified to it. If, however, during the
   countries shall be subject to the submission of an           week in question the Commission has not acted on
   import licence.                                               this, the conditions in force before the import licences
                                                                were issued shall be maintained .
   2.      Member States shall issue the licence under the
   conditions laid down in Article 2, on application by         4. Up to the quantity specified in the application ,
   the party concerned, irrespective of the place of his         import licences shall be issued for the quantities laid
   establishment within the Community.                          down by the Commission. They shall be issued during
                                                                 the second week following that during which the
                                                                quantities applied for are notified to the Commission .
   The licence shall be issued for imports to be effected
   during the month for which it was drawn up. It may,
   however, cover the month preceding or the month              Applications for quantities exceeding those specified
   following the month in question in respect of the            by the Commission shall for this reason be rejected .
   quantity for which it was issued. It shall be valid for
   imports to be effected in the Member State which
   issued it.                                                                            Article 3
   3. When application for a licence is made, the               The Commission shall lay down the quantities of
   quantities of products to which it relates shall be indi­     products for which the licences are issued by fixing a
   cated .                                                       percentage to be applied to the reference quantity laid
                                                                 down each month for each particular applicant.
   Each application shall be accompanied by the lodging
   of a deposit of 1 unit of account per 100 kilogrammes        This reference quantity shall be equal to :
   net weight, which secures the obligation to import
   during the period of validity of the licence and which       — the quantity of preserved mushrooms imported by
   shall, except in case of force majeure, be forfeited in           the Community in 1973 during each mQnth speci­
   whole or in part if importation is not effected within            fied in the application , or
   this period or is only partly effected .                     — the average quantity of this product imported into
                                                                     the Community during each month specified in
   4. The import licences shall not be required for                  the application for 1971 , 1972 and 1973 if this
   imports originating in third countries to be specified            average exceeds that specified in the first indent.
   which are willing and in a position to guarantee that
   on importation into the Community of products origi­          Imports originating in third countries fulfilling the
   nating in their territory the price will not be below a      conditions of Article 1 (4) shall not be taken into
   certain minimum level and that all deflection of trade        account when the reference quantity is being deter­
   will be prevented .                                           mined .
                           Article 2                                                     Article 4
   1.      At the end of each week Member States shall          When applications for licences are made by persons
   notify the Commission by telex of :                          who have not imported the products in question into
                                                                the Community during the period 1971 — 1973, these
   (a) the quantities, shown for each month, in respect of       applications shall, by way of derogation from the
        which import licences have been applied for             abovementioned provisions, be granted in respect of
        during the week ;                                        not more than 5 % of the average quantities of
                                                                 products imported into the Member State and
   (b) the quantities, shown for each month , in respect        converted to the authorities of the latter in each
        of which import licences have been issued during        month of 1971 ," 1972, and 1973 corresponding to
        the week .
                                                                those specified in the application . Imports originating
                                                                in countries fulfilling the conditions of Article 1 (4)
   The information required under (a) shall be notified          shall be excluded when these average quantities are
   for the first time on 16 August 1974.                        being calculated .
 ---pagebreak--- No L 218 / 56                         Official Journal of the European Communities                                9 . 8 . 74
Import licences corresponding to these applications             The rights and obligations arising from the licences
shall be issued within 10 working days following the             shall be transferable .
lodging of the applications and in the chronological
order in which they were lodged. One and the same
applicancy may not be allotted quantities exceeding                                       Article 7
2 % of the average quantities of products imported
into   the   Member      State  and    mentioned    in  the     The import licence shall mention :
preceding subparagraph.
                                                                (a) the name and address of the applicant ;
                          Article 5                             (b) the description of the product, the Common
                                                                     Customs Tariff subheading within which it falls
1 . Each Member State shall lay down the reference                   and its reference number in the goods nomencla­
quantities :                                                         ture for foreign trade statistics of the Member State
                                                                     in question ;
(a) for the quantities of products which were imported
    into that Member State during the reference                 (c) the country of origin of the product ;
    period corresponding to each month specified in
    the application :                                           (d) the quantity of the product expressed in kilo­
                                                                     grammes, net weight ;
    (aa) by reference to the documents supplied by
          the applicant certifying these operations and,         (e) the month for which it was issued.
    (bb) by reference to the documents which he has
          at his disposal and which relate to these opera­
          tions ;                                                                         Article 8
(b) for the quantities of products which have been               The deposit referred to in Article 1 (3) may be lodged
    imported into another Member State during the                in cash or in the form of a guarantee given by an
    reference period corresponding to each month                 establishment complying with the criteria laid down
    specified in the application :                               by the Member State from which the issue of the
    (aa) by reference to the document supplied by the            licence is requested.
          applicant certifying these operations and
          giving an undertaking that an application for
          these quantities has not been and will not be                                   Article 9
          made in a Member State other than that for
          which the documents are provided, and                   1.    Without prejudice to Article 10 :
    (bb) by reference to the documents issued immedi­            (a) the deposit shall be forfeited in whole when the
          ately, on application by the party concerned,               obligation to import has not been fulfilled during
          by the authorities of the importing Member                  the period of validity of the licence ;
          States certifying these operations.
                                                                 (b) the deposit shall be forfeited in part if the quantity
2.    Member      States   which    issue   the  documents            imported is more than 5 % less than the quantity
mentioned in paragraph 1 (b) (bb) shall ensure that                   indicated in    the licence . The amount of the
applications for licences have not been made                          deposit withheld shall be calculated by reference
previously to their own authorities for the quantities                to the difference between the quantity indicated in
of products imported during the reference period for                  the licence less 5 % and the quantity actually
which the documents were requested.                                   imported .
They shall take all necessary measures to ensure that            2.     The deposit shall be immediately released :
the quantities of products which are the subject of
these documents are not taken into consideration for             (a) in respect of applications withdrawn no later than
laying down the reference quantity used for calcu­                    the week following that during which they were
lating the quantities for which import licences will be               lodged ;
issued by their own authorities.
                                                                 (b) if Article 2 (2) applies, in proportion to the quan­
                                                                      tity for which an application has not been granted.
                          Article 6
The issue of the import licence shall include :                                          Article 10
— the right to import not more than 105 % ,
— the obligation to import not less than 95 %                     1 . On application by the party concerned, the
                                                                 Member State which issued the import licence shall
of the specific quantity of the product chosen during            decide that the obligation to import is cancelled and
the period of validity of the licence .                           that the deposit shall not be forfeited :
 ---pagebreak--- 9. 8 . 74                          Official Journal of the European Communities                          No L 218/57
(a) when importation cannot be effected during the                duties or other charges having equivalent effect
    period of validity of the licence as a result of              were suspended, of their departure from Commu­
    circumstances considered to constitute a case of              nity territory and their free circulation in a third
    force majeure, or                                             country .
(b) for quantities of products which the party                3.    Member States shall inform the Commission of
    concerned has imported or has had imported into           circumstances recognized as a case of force majeure.
    the territory of the Community free of customs
    duties or charges having equivalent effect and                                   Article 11
    which have left the territory of the Community for
    consumption in a third country.                           For the purposes of this Regulation, 'net weight'
2. The importer shall, by means of the appropriate            means the weight of the product excluding immediate
documents, furnish proof :                                    packaging.
(a) of the circumstances considered to be a case of
                                                                                     Article 12
    force majeure :
(b) of the period during which the products were              This Regulation shall enter into force on 9 August
    brought into Community territory while customs            1974 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 8 August 1974.
                                                                        For the Commission
                                                                           P.J. LARDINOIS
                                                                    Member of the Commission