CELEX: 32006R0991
Language: en
Date: 2006-06-30
Title: Commission Regulation (EC) No 991/2006 of  30 June 2006  amending Regulation (EC) No 1870/2005 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic imported from third countries

1.7.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 179/15
            
         
      COMMISSION REGULATION (EC) No 991/2006
   of 30 June 2006
   amending Regulation (EC) No 1870/2005 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic imported from third countries
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Articles 31(2) and 34(1) thereof,
   Whereas:
   
               (1)
            
            
               The Agreement in the form of an Exchange of Letters between the European Community and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 (2), approved by Council Decision 2006/398/EC (3), provides, for China, for an increasing by 20 500 tons of the tariff quota of garlic falling within CN code 0703 20 00.
            
         
               (2)
            
            
               That increase should be reflected in Annex I to Commission Regulation (EC) No 1870/2005 (4).
            
         
               (3)
            
            
               Experience has shown that certain provisions of Regulation (EC) No 1870/2005 concerning the reference quantity, definitions of importers, import licence applications and information supplied by the Commission should be improved for the sake of clarity.
            
         
               (4)
            
            
               Regulation (EC) No 1870/2005 should therefore be amended accordingly.
            
         
               (5)
            
            
               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 1870/2005 is amended as follows:
   
               1.
            
            
               in Article 2(5), point (c) is replaced by the following:
               
                           ‘(c)
                        
                        
                           for traditional importers who do not fall within (a) or (b), the maximum quantity of garlic imported during one of the first three completed import periods during which they have obtained import licences pursuant to Regulation (EC) No 565/2002 or this Regulation.’;
                        
                     
         
               2.
            
            
               Article 3 is amended as follows:
               
                           (a)
                        
                        
                           paragraph 1 is replaced by the following:
                           ‘1.   “Traditional importers” means importers, whether natural or legal persons, individuals or groups of operators set up in accordance with national law, who a Member State considers to have:
                           
                                       (a)
                                    
                                    
                                       obtained import licences pursuant to Regulation (EC) No 565/2002 or this Regulation in each of the previous three completed import periods;
                                    
                                 
                                       (b)
                                    
                                    
                                       imported garlic into the Community in at least two of the previous three completed import periods;
                                    
                                 
                                       (c)
                                    
                                    
                                       imported into the Community at least 50 tonnes of fruit and vegetables as referred to in Article 1(2) of Regulation (EC) No 2200/96 during the last completed import period preceding their application.’;
                                    
                                 
                     
                           (b)
                        
                        
                           in paragraph 3(a), point (i) is replaced by the following:
                           
                                       ‘(i)
                                    
                                    
                                       they have imported garlic from countries of origin other than the new Member States or the Community as constituted at 30 April 2004 in at least two of the previous three completed import periods;’
                                    
                                 
                     
         
               3.
            
            
               in Article 7, paragraph 2 is replaced by the following:
               ‘2.   The total quantity covered by “A” licence applications submitted by a new importer in any quarter may not exceed 10 % of the total quantity referred to in Annex I for that quarter and that origin. Applications not complying with this rule shall be rejected by the competent authorities.’;
            
         
               4.
            
            
               in Article 8(2), the third subparagraph is replaced by the following:
               ‘Where, during the previous completed import period, new importers have obtained import licences pursuant to this Regulation or Regulation (EC) No 565/2002, they shall produce proof that at least 90 % of the quantity allocated to them has actually been released for free circulation.’;
            
         
               5.
            
            
               Article 17 is amended as follows:
               
                           (a)
                        
                        
                           the second subparagraph is deleted;
                        
                     
                           (b)
                        
                        
                           the third subparagraph is replaced by the following:
                           ‘The Commission shall keep the Member States regularly informed, in due time and in an appropriate manner, of the amounts of quotas used and of information received under Articles 12 and 16(2).’;
                        
                     
         
               6.
            
            
               Annex I is replaced by the text in the Annex to this Regulation.
            
         Article 2
   This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 June 2006.
      
         
            For the Commission
         
         Mariann FISCHER BOEL
         
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).
   
      (2)  OJ L 154, 8.6.2006, p. 24.
   
      (3)  OJ L 154, 8.6.2006, p. 22.
   
      (4)  OJ L 300, 17.11.2005, p. 19.
   
      ANNEX
      
         
            ‘ANNEX I
            For the 2006/2007 import period
            
                        Origin
                     
                     
                        Order number
                     
                     
                        Quota (tonnes)
                     
                  
                        First Quarter
                        (June-August)
                     
                     
                        Second Quarter
                        (September-November)
                     
                     
                        Third Quarter
                        (December-February)
                     
                     
                        Fourth Quarter
                        (March-May)
                     
                     
                        Total
                     
                  
                        
                           Argentina
                        
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                        19 147
                     
                  
                        Traditional importers
                     
                     
                        09.4104
                     
                     
                        —
                     
                     
                        —
                     
                     
                        9 590
                     
                     
                        3 813
                     
                  
                        New importers
                     
                     
                        09.4099
                     
                     
                        —
                     
                     
                        —
                     
                     
                        4 110
                     
                     
                        1 634
                     
                  
                        Total
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                        13 700
                     
                     
                        5 447
                     
                  
                        
                           China
                        
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                        33 700
                     
                  
                        Traditional importers
                     
                     
                        09.4105
                     
                     
                        2 520
                     
                     
                        2 520
                     
                     
                        9 275
                     
                     
                        9 275
                     
                  
                        New importers
                     
                     
                        09.4100
                     
                     
                        1 080
                     
                     
                        1 080
                     
                     
                        3 975
                     
                     
                        3 975
                     
                  
                        Total
                     
                     
                         
                     
                     
                        3 600
                     
                     
                        3 600
                     
                     
                        13 250
                     
                     
                        13 250
                     
                  
                        
                           Other countries
                        
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                        6 023
                     
                  
                        Traditional importers
                     
                     
                        09.4106
                     
                     
                        941
                     
                     
                        1 960
                     
                     
                        929
                     
                     
                        386
                     
                  
                        New importers
                     
                     
                        09.4102
                     
                     
                        403
                     
                     
                        840
                     
                     
                        398
                     
                     
                        166
                     
                  
                        Total
                     
                     
                         
                     
                     
                        1 344
                     
                     
                        2 800
                     
                     
                        1 327
                     
                     
                        552
                     
                  
                        Total
                     
                     
                        —
                     
                     
                        4 944
                     
                     
                        6 400
                     
                     
                        28 277
                     
                     
                        19 249
                     
                     
                        58 870
                     
                  
               
            For the subsequent import periods
            
                        Origin
                     
                     
                        Order number
                     
                     
                        Quota (tonnes)
                     
                  
                        First Quarter
                        (June-August)
                     
                     
                        Second Quarter
                        (September-November)
                     
                     
                        Third Quarter
                        (December-February)
                     
                     
                        Fourth Quarter
                        (March-May)
                     
                     
                        Total
                     
                  
                        
                           Argentina
                        
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                        19 147
                     
                  
                        Traditional importers
                     
                     
                        09.4104
                     
                     
                        —
                     
                     
                        —
                     
                     
                        9 590
                     
                     
                        3 813
                     
                  
                        New importers
                     
                     
                        09.4099
                     
                     
                        —
                     
                     
                        —
                     
                     
                        4 110
                     
                     
                        1 634
                     
                  
                        Total
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                        13 700
                     
                     
                        5 447
                     
                  
                        
                           China
                        
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                        33 700
                     
                  
                        Traditional importers
                     
                     
                        09.4105
                     
                     
                        6 108
                     
                     
                        6 108
                     
                     
                        5 688
                     
                     
                        5 688
                     
                  
                        New importers
                     
                     
                        09.4100
                     
                     
                        2 617
                     
                     
                        2 617
                     
                     
                        2 437
                     
                     
                        2 437
                     
                  
                        Total
                     
                     
                         
                     
                     
                        8 725
                     
                     
                        8 725
                     
                     
                        8 125
                     
                     
                        8 125
                     
                  
                        
                           Other countries
                        
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                        6 023
                     
                  
                        Traditional importers
                     
                     
                        09.4106
                     
                     
                        941
                     
                     
                        1 960
                     
                     
                        929
                     
                     
                        386
                     
                  
                        New importers
                     
                     
                        09.4102
                     
                     
                        403
                     
                     
                        840
                     
                     
                        398
                     
                     
                        166
                     
                  
                        Total
                     
                     
                         
                     
                     
                        1 344
                     
                     
                        2 800
                     
                     
                        1 327
                     
                     
                        552
                     
                  
                        Total
                     
                     
                        —
                     
                     
                        10 069
                     
                     
                        11 525
                     
                     
                        23 152
                     
                     
                        14 124
                     
                     
                        58 870’