CELEX: 31990R3221
Language: en
Date: 1990-11-08 00:00:00
Title: Commission Regulation (EEC) No 3221/90 of 7 November 1990 on the issue of import licences for provisionally preserved cultivated mushrooms

8 . 11 . 90                                Official Journal of the European Communities                             No L 308/31
                                       COMMISSION REGULATION (EEC) No 3221/90
                                                        of 7 November 1990
                   on the issue of import licences for provisionally preserved cultivated mushrooms
THE COMMISSION . OF THE EUROPEAN COMMUNITIES,                         nally presented but unsuitable for consumption in that
Having regard to the Treaty establishing the European                 state falling within CN code ex 0711 90 50, under the
Economic Community,                                                   conditions laid down in this Regulation.
Having regard to Council Regulation (EEC) No 426/86 of                2. Import licences shall be applied for and issued in
24 February 1986 on the common organization of the                    accordance with Regulations (EEC) No 2405/89 and
market in products processed from fruit and vegetables (]),           (EEC) No 203/85 (*), without prejudice to the specific
as last amended by Regulation (EEC) No 2201 /90 (2), and              provisions of this Regulation.
in particular Article 18 (2) thereof,
Whereas Commission Regulation (EEC) No 2891 /90 (3)                                             Article 2
fixed the maximum quantity of provisionally preserved
cultivated mushrooms in respect of which import licences              1 . Member States shall separately notify the quantity
are to be issued for 1990 ; whereas that Regulation                   for which import licences have been applied for in
suspended, as a protective measure, from 3 October the                respect of products for which it can be proved that they
issue of import licences for the abovementioned products              have left the supplier country before the date of entry into
until conditions could be drawn up for the issue of                   force of Regulation (EEC) No 2891 /90.
import licences for use in respect of the outstanding                 2. The parties concerned shall provide proof, to the
quantities available during the current year ; whereas the            satisfaction of the competent authorities, that the condi­
outstanding quantities available should be specified and              tions set out in paragraph 1 have been complied with.
the conditions for the issue of the licences should be
drawn up ;                                                            However, the competent authorities may regard the
                                                                      products as having left the supplier country before the
Whereas the use of the outstanding quantities available               date of entry into force of the abovementioned Regulation
should be reserved as a priority for those applying for               when one of the following documents is submitted :
licences who can prove, to the satisfaction of the compe­
tent national authorities, that the products were in the              — in the case of transport by sea or waterway, the bill of
 course of being delivered to the Community on the day                     lading showing that loading took place before that
 on which Regulation (EEC) No 2891 /90 entered into                        day,
 force ;                                                              — in case of transport by rail, the consignment note
Whereas, in order to ensure that the outstanding quanti­                   accepted by the railways of the consignor country
 ties available are properly used and avoid licence applica­               before that day,
 tions submitted for speculative reasons, the bulk of the             — in case of transport by road, the TIR carnet presented
 quantities available should be reserved for importers who                 to the first customs office before that day,
 in the past obtained supplies of cultivated mushrooms in             — in case of transport by air, the air bill of lading
 brine on the basis of the quantities they applied for in                  showing that the airline received the products before
 1989 and 1990, while access to the quantities available by                that day.
 new importers should be maintained ;
Whereas, lastly, the additional rules necessary for the issue                                    Article 3
 of the licences should be laid down ; whereas such rules
 are complementary to or in derogation from the provi­                 1.    The quantity fixed in Article 1 (1 ) shall be allocated
                                                                      as follows :
 sions laid down by Commission Regulation (EEC) No
 2405/89 of 1 August 1989 laying down special detailed                (a) 3 950 tonnes, less the quantities referred to in Article
 rules for the application of the system of import licences                2, to importers who submitted applications for import
 and advance fixing certificates for products processed                    licences for the products in question in the course of
 from fruit and vegetables (4), as amended by Regulation                   1989 and 1990 ;                                           1
 (EEC) No 619/90 0,                                                   (b) 320 tonnes to importers who do not fulfil the condi­
                                                                           tion set out in (a).
 HAS ADOPTED THIS REGULATION :
                                                                       However, where the quantity specified in (a) or (b) is not
                              Article 1                                applied for, or is so only partially, the quantity available
 1 . Until the end of 1990, import licences shall be                   shall be allocated to the applications submitted by the
 issued for 4 270 tonnes of cultivated mushrooms provisio­             other group of importers.
                                                                       2. (a) No application for a licence may relate to a quan­
 (') OJ  No  L 49, 27. 2. 1986, p. 1 .                                         tity exceeding that shown in paragraph 1 (a) or (b),
 (2) OJ  No  L  201 , 31 . 7. 1990, p. 1 .                                     as applicable.
 (3) OJ  No  L  276, 6. 10. 1990, p. 29 .
 (4) OJ  No  L  227, 4. 8 . 1989, p. 34.
 0   OJ  No  L  67, 15. 3. 1990, p. 31 .                              (6) OJ No L 23, 26. 1 . 1985, p. 24.
 ---pagebreak--- No L 308/32                           Official Journal of the European Communities                                 8 . 11 . 90
   (b) No application for a licence, submitted by an                                     Article 5
       importer as referred to in paragraph 1 (a), may
       relate to a quantity exceeding 10 % of the quantity       The Commission shall, by 15 November 1990 at the
       applied for by the same importer in the course of         latest, fix and communicate by telex to the Member States
       1989 and 1990, less the quantity applied for in           the quantities for which licences are to be issued for each
       September 1990.                                           of the three categories of applications mentioned in
                                                                 Article 4.
                          Article 4
                                                                                         Article 6
Applications for import licences shall be submitted to the
competent authorities of the Member States on 12 and 13          The licences for which the applications were forwarded
November 1990. The abovementioned authorities shall              under Article 4 shall be issued by 16 November 1990 at
                                                                 the latest.
forward these applications to the Commission at the latest
by 14 November 1990 at 16 noon, distinguishing between
                                                                                          Article 7
— the applications relating to the quantities fulfilling the
    conditions of Article 2, and                                 This Regulation shall enter into force on the day follo­
— the quantities applied for under points (a) and (b)            wing its publication in the Official Journal of the Euro­
    respectively of Article 3 (1 ).                              pean Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 7 November 1990 .
                                                                            For the Commission
                                                                              Ray MAC SHARRY
                                                                       Member of the Commission