31974R2107

No L 218 / 54 Official Journal of the European Communities 9 . 8 . 74

REGULATION ( EEC) No 2107 /74 OF THE COMMISSION of 8 August 1974 laying down protective measures applicable to imports of preserved mushrooms

THE COMMISSION OF THE EUROPEAN the conclusion that imports threaten the Community COMMUNITIES, market with serious disturbances which could jeopar­ dize the objectives of Article 39 of the Treaty ; whereas, in these circumstances, it is necessary to take Having regard to the Treaty establishing the European protective measures ; Economic Community ;

Having regard to Council Regulation (EEC) No Whereas the effect of the protective measures should 865/68 (') of 28 June 1868 on the common organiza­ be to restrict imports so that they can be absorbed by tion of the market in products processed from fruit the Community market without worsening the situa­ and vegetables, as last amended by Regulation (EEC) tion thereon ; No 2429 / 72 (2 ) ;

Having regard to Council Regulation (EEC) No Whereas for this purpose imports should be restricted 1427/71 (3 ) of 2 July 1971 introducing protective by recourse to a system of import licences which will measures for products processed from fruit and be issued as the situation on the Community market vegetables, and in particular Article 1 (2) thereof ; allows ; whereas, in order to cope with a difficult situa­ tion on the Community markets, the period of validity of these licences should be limited ; Whereas imports into the Community of preserved mushrooms during the 1973 marketing year amounted to some 40 000 metric tons ; whereas this figure is considerably higher than the figure for Whereas imports originating in third countries willing previous years ; whereas, furthermore, the figure for to maintain a certain price level should not be the first six months of 1974 is some 50 % higher than included in the system of import licences ; the figure for the corresponding period of 1973 ;

Whereas the offer prices from third countries are 20 Whereas recourse to a system of import licences to 30 % less than the cost price within the Commu­ makes it necessary for Member States to make prior nity industry for preserved mushrooms ; whereas, provision for its establishment ; whereas consequently consequently, the trend of imports from third coun­ this system may not be applied immediately but only tries may aggravate the difficulties facing Community with effect from 26 August 1974 ; producers as regards production and marketing ;

Whereas, in order to take account of existing trade Whereas massive imports from third countries at very low prices create a situation on the Community relations and to ensure that the Community importers concerned are fairly treated, the restriction on issuing market where products of Community origin lose trade outlets ; whereas during the first half of 1974 licences to applicants should be based on factors relating to a reference period ; whereas for this stocks of some 20 000 metric tons of preserved mush­ rooms produced in the Community were in fact found purpose use should be made either of the month of to exist on the Community market ; whereas these 1973 for which applications are lodged or of the average of the corresponding months from 1971 to stocks are considerably larger than those recorded in 1973 if this average exceeds the quantity imported in previous years ; whereas, furthermore, by reason of the 1973 ; increased volume of imports stocks are likely to increase in the coming months ;

Whereas the system of import licences must not result Whereas an assessment of the situation on the market, in excluding from the trade persons who have not the main points of which are outlined above, leads to carried out commercial transactions in preserved mushrooms during 1971 , 1972 and 1973 ; whereas, (') OJ No L 153 , 1 . 7 . 1968 , p. 8 . (2) 0*| No L 264 , 23 . 11 . 1972, p. 1 consequently, it should be possible, within limits, to b) Oj No L 151 , 7 . 7 . 1971 , p. 5 . grant them import licences,

9 . 8 . 74 Official Journal of the European Communities No L 218 / 55 /'

HAS ADOPTED THIS REGULATION : 2. On the basis of the notifications provided for in paragraph 1 the Commission shall assess the situation and decide as provided in Article 3 on the quantities Article 1 of products for which licences shall be issued.

3 . The Commission shall reach a decision during 1 . From 26 August 1974 all imports into the the week following that in which the quantities Community of preserved mushrooms (subheading applied for are notified to it. If, however, during the 20.02 A of the Common Customs Tariff) from third week in question the Commission has not acted on countries shall be subject to the submission of an this, the conditions in force before the import licences import licence. were issued shall be maintained .

2. Member States shall issue the licence under the 4. Up to the quantity specified in the application , conditions laid down in Article 2, on application by import licences shall be issued for the quantities laid the party concerned, irrespective of the place of his down by the Commission. They shall be issued during establishment within the Community. the second week following that during which the quantities applied for are notified to the Commission . The licence shall be issued for imports to be effected during the month for which it was drawn up. It may, Applications for quantities exceeding those specified however, cover the month preceding or the month by the Commission shall for this reason be rejected . following the month in question in respect of the quantity for which it was issued. It shall be valid for imports to be effected in the Member State which issued it . Article 3

3 . When application for a licence is made, the The Commission shall lay down the quantities of quantities of products to which it relates shall be indi­ products for which the licences are issued by fixing a cated . percentage to be applied to the reference quantity laid down each month for each particular applicant. Each application shall be accompanied by the lodging of a deposit of 1 unit of account per 100 kilogrammes This reference quantity shall be equal to : net weight, which secures the obligation to import — the quantity of preserved mushrooms imported by during the period of validity of the licence and which the Community in 1973 during each mQnth speci­ shall, except in case of force majeure, be forfeited in fied in the application , or whole or in part if importation is not effected within this period or is only partly effected . — the average quantity of this product imported into the Community during each month specified in 4. The import licences shall not be required for the application for 1971 , 1972 and 1973 if this imports originating in third countries to be specified average exceeds that specified in the first indent. which are willing and in a position to guarantee that on importation into the Community of products origi­ Imports originating in third countries fulfilling the nating in their territory the price will not be below a conditions of Article 1 (4) shall not be taken into certain minimum level and that all deflection of trade account when the reference quantity is being deter­ will be prevented . mined .

Article2¶

1 . At the end of each week Member States shall When applications for licences are made by persons notify the Commission by telex of : who have not imported the products in question into the Community during the period 1971 — 1973, these (a) the quantities, shown for each month , in respect of applications shall, by way of derogation from the which import licences have been applied for abovementioned provisions, be granted in respect of during the week ; not more than 5 % of the average quantities of products imported into the Member State and (b) the quantities, shown for each month , in respect converted to the authorities of the latter in each of which import licences have been issued during month of 1971 ," 1972, and 1973 corresponding to the week . those specified in the application . Imports originating in countries fulfilling the conditions of Article 1 (4) The information required under (a) shall be notified shall be excluded when these average quantities are for the first time on 16 August 1974 . being calculated .

No L 218 / 56 Official Journal of the European Communities 9 . 8 . 74

Import licences corresponding to these applications The rights and obligations arising from the licences shall be issued within 10 working days following the shall be transferable . lodging of the applications and in the chronological order in which they were lodged. One and the same applicancy may not be allotted quantities exceeding Article 7 2 % of the average quantities of products imported into the Member State and mentioned in the The import licence shall mention : preceding subparagraph. (a) the name and address of the applicant ;

Article 5 (b) the description of the product, the Common Customs Tariff subheading within which it falls 1 . Each Member State shall lay down the reference and its reference number in the goods nomencla­ quantities : ture for foreign trade statistics of the Member State in question ; (a) for the quantities of products which were imported into that Member State during the reference (c) the country of origin of the product ; period corresponding to each month specified in the application : (d) the quantity of the product expressed in kilo­ grammes, net weight ; (aa) by reference to the documents supplied by the applicant certifying these operations and, (e) the month for which it was issued. (bb) by reference to the documents which he has at his disposal and which relate to these opera­ tions ; Article 8

(b) for the quantities of products which have been The deposit referred to in Article 1 (3) may be lodged imported into another Member State during the in cash or in the form of a guarantee given by an reference period corresponding to each month establishment complying with the criteria laid down specified in the application : by the Member State from which the issue of the (aa) by reference to the document supplied by the licence is requested. applicant certifying these operations and giving an undertaking that an application for these quantities has not been and will not be Article 9 made in a Member State other than that for which the documents are provided, and 1 . Without prejudice to Article 10 : (bb) by reference to the documents issued immedi­ (a) the deposit shall be forfeited in whole when the ately, on application by the party concerned, obligation to import has not been fulfilled during by the authorities of the importing Member the period of validity of the licence ; States certifying these operations. (b) the deposit shall be forfeited in part if the quantity 2 . Member States which issue the documents imported is more than 5 % less than the quantity mentioned in paragraph 1 (b) (bb) shall ensure that indicated in the licence . The amount of the applications for licences have not been made deposit withheld shall be calculated by reference previously to their own authorities for the quantities to the difference between the quantity indicated in of products imported during the reference period for the licence less 5 % and the quantity actually which the documents were requested. imported .

They shall take all necessary measures to ensure that 2. The deposit shall be immediately released : the quantities of products which are the subject of these documents are not taken into consideration for (a) in respect of applications withdrawn no later than laying down the reference quantity used for calcu­ the week following that during which they were lating the quantities for which import licences will be lodged ; issued by their own authorities. (b) if Article 2 (2) applies, in proportion to the quan­ tity for which an application has not been granted. Article 6

The issue of the import licence shall include : Article 10 — the right to import not more than 105 % , 1 . On application by the party concerned, the — the obligation to import not less than 95 % Member State which issued the import licence shall of the specific quantity of the product chosen during decide that the obligation to import is cancelled and the period of validity of the licence . that the deposit shall not be forfeited :

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(a) when importation cannot be effected during the duties or other charges having equivalent effect period of validity of the licence as a result of were suspended, of their departure from Commu­ circumstances considered to constitute a case of nity territory and their free circulation in a third force majeure, or country . (b) for quantities of products which the party 3 . Member States shall inform the Commission of concerned has imported or has had imported into circumstances recognized as a case of force majeure. the territory of the Community free of customs duties or charges having equivalent effect and Article 11 which have left the territory of the Community for consumption in a third country. For the purposes of this Regulation, 'net weight' means the weight of the product excluding immediate 2. The importer shall, by means of the appropriate packaging. documents, furnish proof : (a) of the circumstances considered to be a case of Article 12 force majeure : (b) of the period during which the products were This Regulation shall enter into force on 9 August brought into Community territory while customs 1974 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 8 August 1974. For the Commission

P.J. LARDINOIS Member of the Commission