Commission Regulation (EC) No 1921/95 of 3 August 1995 laying down detailed rules for the application of the system of import licences for products processed from fruit and vegetables and repealing Regulations (EEC) No 2405/89 and (EEC) No 3518/86

COMMISSION REGULATION  (EC) No 1921/95 of 3 August 1995 laying down detailed rules for the application of the system of  import licences for products processed from fruit and vegetables and repealing Regulations (EEC) No  2405/89 and (EEC) No 3518/86
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization  of the market in products processed from fruit and vegetables  (1), as last amended by Regulation  (EC) No 1032/95  (2), and in particular Article 9 (2) thereof,
Whereas Commission Regulation (EEC) No 2405/89  (3), as last amended by Regulation (EC) No 1032/95,  lays down detailed rules for the application of the system of import licences and advance fixing  certificates for products processed from fruit and vegetables; whereas, as a result of the  amendment to Regulation (EEC) No 426/86 by Council Regulation (EC) No 3290/94  (4) on the  adjustments and transitional arrangements required in the agriculture sector in order to implement  the agreements concluded during the Uruguay Round of multilateral trade negotiations, the system of  advance fixing should be abolished and certain amendments should be made accordingly to the rules  on import licences in the light of experience, while keeping the basic features of the existing  system unchanged; whereas, for similar reasons, Commission Regulation (EEC) No 3518/86  (5), as  last amended by Regulation (EC) No 1363/95  (6), which lays down special surveillance measures  applicable to imports of orange juice, should be repealed; whereas, in theinterests of clarity, a  new Regulation should be adopted laying down detailed rules for the application of the system of  import licences and repealing Regulations (EEC) No 2405/89 and (EEC) No 3518/86;
Whereas the detailed rules for the application of the system of import licences in question either  supplement or derogate from Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down  common detailed rules for the application of the system of import and export licences and advance  fixing certificates for agricultural products  (7), as last amended by Regulation (EC) No 1199/95   (8);
Whereas, in order to facilitate the adoption of appropriate measures in the event of disturbance or  threatened disturbance of the market, provision should be made for introducing a fixed period  between the application for and the issue of the import licence;
Whereas the term of validity of import licences should be determined in the light of the practices  of international trade; whereas the amount of the security to be lodged for import licences should  be fixed at levels which will enable the system to function properly;
Whereas, in order to ensure better knowledge of the trade pattern for certain products, it should  be requried that the country of origin be indicated and that the importer be compelled to import  from the country thus indicated; whereas, however, in view of the characteristics of trade in the  products concerned, provision should be made to allow the country of origin to be changed;
Whereas in licence applications applicants must indicate the combined nomenclature subheading;  whereas, in the case of certain products falling within headings 2008 and 2009 of the combined  nomenclature, it is not always possible, owing to considerable variations in natural sugar content  or to fluctuations in exchange rates, to know the exact subheadings at the time of application for  licences; whereas special provision should be made for those products;
Whereas the fourth indent of Article 5 (1) of Regulation (EEC) No 3719/88 provides that no licence  is required for the purposes of operations relating to quantities for which the amount of the  security for the corresponding licence would be ECU 5 or less; whereas Article 14 (3) of Regulation  (EEC) No 3719/88 provides that no security is required in respect of an import licence where the  amount of security involved in ECU 5 or less; whereas Article 14 (3) of Regulation (EEC) No 3719/88  provides that no security is required in respect of an import or export licence where the amount of  security involved is ECU 5 or less or, under certain circumstances, ECU 25 or less; whereas the  application of these provisions to products processed from fruit and vegetables results, because of  the range of security rates, in a wide variation in the quantity of products covered; whereas it is  necessary, particularly with a view to administrative simplification, to specify the quantity of  products which may be imported thus without a licence; whereas the quantity below which an import  licence is to be issued without a security being lodged should also be specified; whereas the  second subparagraph of Article 14 (3) of Regulation (EEC) No 3719/88 should not apply;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Products Processed from Fruit and Vegetables,