Commission Regulation (EC) No 1104/2000 of 25 May 2000 adopting a protective measure applying to imports of garlic originating in China

Commission Regulation (EC) No 1104/2000
of 25 May 2000
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 (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables(1), as last amended by Regulation (EC) No 1257/1999(2), and in particular Article 37(2) thereof,
Whereas:
(1) 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), stipulates that the release for free circulation in the Community of garlic imported from third countries is subject to the presentation of import licences.
(2) Since 1993 the Commission has recorded a very sharp rise in imports of garlic originating in China as compared with preceding years. Given their price, further imports could have brought about such serious disturbance of the Community market as to jeopardise the objectives of Article 33 of the EC Treaty, and in particular to damage Community producers. The Commission accordingly adopted a protective measure by 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 1994/1995 marketing year to a given quantity per month. That 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, by Commission Regulation (EC) No 885/96(9) for the period 1 June 1996 to 31 May 1997, by Commission Regulation (EC) No 903/97(10) for the period 1 June 1997 to 31 May 1998, by Commission Regulation (EC) No 1137/98(11) for the period 1 June 1998 to 31 May 1999, and by Commission Regulation (EC) No 1040/1999(12), as last amended by Regulation (EC) No 51/2000(13), for the period 1 June 1999 to 31 May 2000.
(3) On 24 February 2000 France and Spain asked the Commission to continue applying the protective measures in respect of imports of garlic beyond 31 May 2000.
(4) Each month import licence applications for garlic originating in China cover quantities far exceeding the monthly quantity fixed in Regulation (EC) No 1040/1999. Moreover, the scale of applications submitted on the first day of each monthly period has meant that throughout the marketing year import licences have been issued for less than 1 % of the quantities applied for and the quantities applied for above that percentage have been rejected. 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. It is therefore vital for the protective measure applying to garlic originating in China to be renewed.
(5) Import licences issued should be limited to a given quantity by period from 1 June 2000 to 31 May 2001. The issuing of such licences should be suspended once that quantity has been attained. The licences issued for the months of December and January should be grouped together in order to facilitate administrative management at national and Community level of the market, which could be disturbed by the Christmas and New Year holidays.
(6) Certain criteria as to the status of applicants and the use of licences issued should be laid down in order to prevent the lodging for speculative reasons of licence applications not related to real trade on the market for garlic.
(7) Possible abuse of Commission Regulation (EEC) No 3719/88(14), as last amended by Regulation (EC) No 1127/1999(15), involving regular and repeated imports of small quantities of garlic from China which combine to circumvent the aim of this protective measure must be prevented. To that end, the fourth indent of the first subparagraph of Article 5(1) of Regulation (EEC) No 3719/88 should not apply to the release for free circulation of garlic originating in that country,