Commission Regulation (EC) No 885/96 of 15 May 1996 adopting a protective measure applying to imports of garlic originating in China

COMMISSION REGULATION (EC) No 885/96 of 15 May 1996 adopting a protective measure applying to imports of garlic originating in China
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Commission Regulation (EC) No 1363/95 (2), and in particular Article 28 (2) thereof,
Whereas, pursuant to Commission Regulation (EEC) No 1859/93 of 12 July 1993 on the application of the system of import licences for garlic imported from third countries (3), as amended by Regulation (EC) No 1662/94 (4), the release for free circulation in the Community of garlic imported from third countries is subject to the presentation of import licences;
Whereas on 14 May 1996 the Kingdom of Spain and on 6 May 1996 the French Republic requested the Commission to take protective measures against imports of garlic;
Whereas in 1993 the Commission recorded a very sharp rise in imports of garlic originating in China as compared with preceding years; whereas, given their price, further imports could have brought about such serious disturbance of the Community market as to jeopardize the objectives of Article 39 of the EC Treaty and in particular to damage Community producers; whereas the Commission accordingly adopted a protective measure by Commission Regulation (EC) No 1213/94 (5), as last amended by Regulation (EC) No 2815/94 (6), to limit the quantity covered by import licences issued for garlic originating in China for the 1994/95 marketing year to a given quantity per month; whereas this measure was renewed by Commission Regulation (EC) No 1153/95 (7), as last amended by Regulation (EC) No 2944/95 (8), for the period 1 June 1995 to 31 May 1996;
Whereas each month import licence applications in respect of garlic originating in China have covered quantities far exceeding the monthly quantity fixed by Regulation (EEC) No 1153/95; whereas, moreover, the number of applications submitted on the first day of each monthly period led throughout the whole marketing year concerned to import licences being issued for quantities equal to less than 1 % of the quantities applied for and to the rejection of applications submitted thereafter; whereas this systematic overrun shows that there is continuing pressure on the market for this product and that, unless protective measures are adopted, the Community market in garlic could be seriously disturbed by huge quantities imported from China; whereas it is therefore vital for the protective measure applying to garlic originating in China to be renewed;
Whereas import licences issued should be limited to a given quantity by period from 1 June 1996 to 31 May 1997 and the issuing thereof should be suspended once that quantity has been attained,