Commission Regulation (EC) No 1047/2001 of 30 May 2001 introducing a system of import licences and certificates of origin and establishing the method for managing tariff quotas for garlic imported from third countries

Commission Regulation (EC) No 1047/2001
of 30 May 2001
introducing a system of import licences and certificates of origin and establishing the method for managing tariff quotas 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), as last amended by Commission Regulation (EC) No 911/2001(2), and in particular Article 31(2) thereof,
Having regard to Council Decision 2001/404/EC of 28 May 2001 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Argentina pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 for the modification of concessions with respect to garlic provided for in Schedule CXL annexed to GATT(3), and in particular Article 2 thereof,
Whereas:
(1) Following negotiations conducted in accordance with Article XXVIII of GATT 1994, the Community amended the conditions for the import of garlic. From 1 June 2001 the normal customs duty for imports of garlic falling within CN code 0703 20 00 consists of an ad valorem customs duty of 9,6 % and a specific amount of EUR 1200 per tonne net. However, a quota of 38370 tonnes free of specific duty was opened by Decision 2001/404/EC, hereafter called the "GATT quota". The Annex to that Decision stipulates that the quota is to be divided up into 19147 tonnes for imports from Argentina (serial number 09.4104), 13200 tonnes for imports from China (serial number 09.4105) and 6023 tonnes for imports from all other third countries (serial number 09.4106).
(2) In view of the existence of a specific duty for non-quota imports, management of the quota requires the introduction of a system of import licences. Such a system should also permit the detailed monitoring of all garlic imports, thus continuing and replacing the arrangements introduced by Commission Regulation (EC) No 1859/93(4) as last amended by Regulation (EC) No 2872/2000(5), which must therefore be repealed. The details of the system must supplement or derogate from those adopted by Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products(6). In particular:
- two categories of licence should be created: one for imports under GATT quota conditions (A licences), and one for non-quota imports (B licences),
- the validity of those licences should be limited to three months without going beyond the end of the quota year in question,
- the validity of those licences should be limited to the origin indicated in the application,
- a timetable for the lodging of A licence applications and the issue of those licences should be laid down which will permit the Member States to notify the Commission in good time of the information relating to A licence applications.
(3) Measures are needed to keep to a minimum speculative applications for A licences or applications which are not linked to a genuine commercial activity on the fruit and vegetable market. To that end:
- certain criteria regarding the status of applicants for such licences should be laid down,
- the transfer of the licences should be prohibited, and
- a reasonable limit to individual applications should be set.
(4) In view of the Exchange of Letters concluded with Argentina, the quantities allocated should be divided between traditional importers and others and the concept of traditional importers should be defined, while allowing optimum use of the quotas.
(5) To guarantee correct management of the GATT quota, the measures to be taken by the Commission in the event that A licence applications exceed, for a specific origin or in a specific quarter, the quantities fixed by Decision 2001/404/EC, plus the unused quantities from licences previously issued, should be determined. Where such measures involve a reduction coefficient to be applied at the time of issue of A licences, the possibility should be granted for applications for those licences to be withdrawn with immediate release of the security.
(6) To improve controls and prevent any risk of a deflection of trade based on inaccurate documentation, Commission Regulation (EC) No 544/97(7), as amended by Regulation (EC) No 2520/98(8), introduces a certificate of origin for garlic imported from certain third countries and imposes direct transport to the Community of garlic originating in those third countries. That certificate of origin is to be issued by the competent authorities in accordance with Articles 56 to 62 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(9), as last amended by Regulation (EC) No 993/2001(10). To keep administration simple, the relevant provisions of Regulation (EC) No 544/97 should be incorporated into this Regulation and that Regulation should be repealed.
(7) Provision should be made for imports of garlic carried out after the entry into force of this Regulation under licences issued in accordance with Commission Regulation (EC) No 1104/2000 of 25 May 2000 adopting a protective measure applying to imports of garlic originating in China(11) to be carried out under the conditions in force when those licences were issued.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,