Commission Regulation (EC) No 565/2002 of 2 April 2002 establishing the method for managing tariff quotas and introducing a system of certificates of origin for garlic imported from third countries

Commission Regulation (EC) No 565/2002
of 2 April 2002
establishing the method for managing tariff quotas and introducing a system of 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), as last amended by Commission Regulation (EC) No 911/2001(2), and in particular Article 31(2) thereof,
Having regard to Council Decision 2001/104/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. Since 1 June 2001 the normal customs duty for imports of garlic falling within CN code 0703 20 00 has consisted 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 the Agreement concluded with Argentina, approved by Decision 2001/404/EC, hereafter called the "GATT quota". The Agreement 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 other countries (serial number 09.4106).
(2) Imports of garlic may also be carried out, outside the GATT quota or the normal duty, on preferential terms, under agreements concluded between the Community and certain third countries.
(3) The method for managing the GATT quota was established by Commission Regulation (EC) No 1047/2001(4), as last amended by Regulation (EC) No 1865/2001(5). Experience shows however that this management could be improved and simplified. In particular, the need for import licences for imports carried out outside the GATT quota should be abolished, and the conditions for access by importers to this quota should be adapted to take better account of traditional trade flows.
(4) Imports of garlic can be monitored in accordance with Article 308d 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(6), as last amended by Regulation (EC) No 444/2002(7).
(5) In view of the existence of a specific duty for non-preferential imports outside the GATT quota, management of the quota requires the introduction of a system of import licences. The detailed rules of that system must be complementary to, or derogate from, those laid down 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(8), as last amended by Regulation (EC) No 2299/2001(9).
(6) Measures are needed to keep to a minimum speculative applications for import licences which are not linked to a genuine commercial activity on the fruit and vegetable market. To that end special rules should be laid down on applications for and the validity of licences.
(7) Given that the Agreement concluded with Argentina provides for the management of the GATT quota on the basis of a system of traditional and new importers, the concept of traditional importers should be defined and the quota allocated between the two categories of importer, while allowing optimum use of the quota.
(8) To guarantee correct management of the GATT quota, the measures to be taken by the Commission in the event that 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 licences, the possibility should be granted for applications for those licences to be withdrawn with immediate release of the security.
(9) To improve controls and prevent any risk of a deflection of trade based on inaccurate documentation, the existing system of certificates of origin for garlic imported from certain third countries and the requirement for this garlic to be transported direct from the third country of origin to the Community should be retained. That certificate of origin is to be issued by the competent national authorities in accordance with Articles 56 to 62 of Regulation (EEC) No 2454/93.
(10) Regulation (EC) No 1047/2001 should be repealed.
(11) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,