CELEX: 31990R3758
Language: en
Date: 1990-12-21 00:00:00
Title: Commission Regulation (EEC) No 3758/90 of 21 December 1990 on a protective measure applicable to imports of provisionally preserved cultivated mushrooms

22. 12. 90                                Official Journal of the European Communities                               No L 360/49
                                      COMMISSION REGULATION (EEC) No 3758/90
                                                      of 21 December 1990
                  on a protective measure applicable to imports of provisionally preserved
                                                      cultivated mushrooms
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          of the products in question which my be released for free
                                                                     circulation for the first quarter of 1991 should be deter­
Having regard to the Treaty establishing the European                mined on the basis of the quantities imported during the
Economic Community,                                                  previous year and of a rate of increase that reflects the
                                                                     smooth development of trade ;
Having regard to Council Regulation (EEC) No 426/86 of               Whereas, in order to ensure that the said quantity is
24 February 1986 on the common organization of the                   properly used and avoid the submission of applications
market in products processed from fruit and vegetables ('),          for speculatives reasons, the bulk of the quantity should
as last amended by Regulation (EEC) No 2201 /90 (2), and             be reserved for importers who in the past obtained
in particular Article 18 (2) thereof,                                supplies of provisionally preserved cultivated mushrooms
                                                                     on the basis of the quantities they obtained in 1989 and
Whereas Council Regulation (EEC) No 521 /77 of 14                    1990, while access to that quantity should be maintained
March 1977 lays down detailes rules for applying protec­             for new importers ;
tive measures in the market in products processed from
fruit and vegetables (3) ;                                           Whereas, lastly, the additional rules necessary for the issue
                                                                     of the licences should be laid down ; whereas such rules
Whereas the quantities of cultivated mushrooms, provisio­            are complementary to or in derogation from the provi­
nally preserved but unsuitable for consumption in that               sions laid down by Commission Regulation (EEC) No
state, released for free circulation in the Community since          2405/89 of 1 August 1989 laying down special detailed
the beginning of 1990 are constantly increasing ;                    rules for the application of the system of import licences
                                                                     and advance fixing certificates for products processed
                                                                     from fruit and vegetables ^, as amended by Regulation
Whereas the levels of prices maintained by the main third            (EEC) No 619/90 (%
country suppliers for the 1990/91 marketing year are
lower than those for similar products obtained in the
Community ; whereas it is difficult, therefore, to market
the latter ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas Commission Regulation (EEC) No 2891 /90 of 5
October 1990 on the issue of import licences for provisio­                                     Article 1
nally preserved cultivated mushrooms (4) fixes the
maximum quantity of that product which may be released
for free circulation for 1990 ;                                      1 . For the first quarter of 1991 , import licences shall be
                                                                     issued for 10 000 tonnes of cultivated mushrooms provisi­
                                                                     onally preserved but unsuitable for consumpption in that
Whereas there is a danger that from 1 January 1991                   state falling within CN code ex 0711 90 50.
applications for import licences may be expessive in rela­
tion to requirements and be submitted for speculative                2. Import licences shall be applied for and issued in
reasons, in view of the uncertainty of the outcome of the            accordance with Regulation (EEC) No 2405/89, without
discussions now in hand with certain exporting countries ;           prejudice to the specific provisions of this Regulation.
whereas this could create serious disturbances on the
Community market which could undermine the objec­
tives of Article 59 of the Treaty ; whereas it is necessary,
                                                                                               Article 2
therefore, to apply protective measures from 1 January
1991 ;
                                                                     1.     The quantity fixed in Article 1 ( 1 ) shall be allocated
                                                                     as follows :
Whereas the protective measures must be such as to
prevent large-scale imports during a very limited period ;               (a) 9 000 tonnes to importers who submitted applica­
whereas, to that end, taking into consideration the criteria                 tions for import licences for the products in ques­
laid down in Regulation (EEC) No 521 /77, pending the                        tion in the course of 1989 and 1990 ;
customs of the abovementioned discussions, the quantity
                                                                         (b) 1 000 tonnes to importers who do not fulfil the
                                                                             condition set out in (a).
 (') OJ No   L 49, 27. 2. 1986, p. 1 .
 (2) OJ  No  L 201 , 31 . 7. 1990, p. 1 .
 (3) OJ  No  L 73, 21 . 3. 1977, p. 28 .                             O OJ No L 227, 4. 8 . 1989, p. 34.
 (<) OJ  No  L 276, 6. 10. 1990, p. 29.                              fa OJ No L 67, 15. 3. 1990, p. 31 .
 ---pagebreak--- No L 360/50                            Official Journal of the European Communities                               22. 12. 90
However, where the quantity specified in (a) or (b) is not       forward these applications to the Commission at the latest
applied for, or is only partially applied for, or is only        by 7 January 1991 at 4 p.m., distinguishing between the
partially applied for, the quantity available shall be allo­     quantities applied for under points (a) and (b) respectively
cated to the other group of importers who have submitted         of Article 2 ( 1 ).
applications.
                                                                                          Article 4
2. (a) No application for a licence, submitted by an
        importer referred to in paragraph 1 (a), may relate      The Commission shall, by 8 January 1991 at the latest, fix
        to a quantity in excess of 15 % of the quantity          and communicate by telex to the Member States the
        supplied to that importer in 1989 and 1990 ;             quantities for which licences are to be issued for each of
   (b) No application for a licence, submitted by an             the two categories of applications mentioned in Article 2
        importer referred to in 1 (b), may relate to a quan­     (!)•
        tity in excess of 25 % of the quantity shown under
        that point.                                                                       Article 5
                                                                 The licences for which applications are forwarded
                           Article 3                             pursuant to Article 3 shall be issued on 9 January 1991 .
Applications for import licences shall be submitted to the                                Article 6
competent authorities of the Member States on 3 and 4
January 1991 . The abovementioned authorities shall              This Regulation shall enter into force on 1 January 1991 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                   Done at Brussels, 21 December 1990.
                                                                          For the Commission
                                                                            Ray MAC SHARRY
                                                                      Member of the Commission