31975R1869

23 . 7 . 75 Official Journal of the European Communities No L 190 / 23

REGULATION ( EEC) No 1869/ 75 OF THE COMMISSION of 22 July 1975 amending Regulation ( EEC) No 2107/ 74 laying down protective measures appli­ cable to imports of preserved mushrooms

THE COMMISSION OF THE EUROPEAN persons who have not imported the products in ques­ COMMUNITIES , tion during 1973 ;

Having regard to the Treaty establishing the European Whereas it seems fair to allow Member States to Economic Community, and in particular Article 43 extend the period of validity of such licences in cases thereof ; of force majeure,

Having regard to Council Regulation ( EEC) No 865/68 (') of 28 June 1968 on the common organiza­ tion of the market in products processed from fruit HAS ADOPTED THIS REGULATION : and vegetables, as last amended by Regulation (EEC) No 1420 / 75 (2 );

Article I Having regard to Council Regulation ( EEC) No 1427/71 (3 ) of 2 July 1971 introducing protective measures for products processed from fruit and vegeta­ 1 . The text of the second subparagraph of Article 1 bles , and in particular Article 1 (2) thereof ; ( 2) of Regulation ( EEC) No 2107/74 is replaced by the following : Whereas Article 1 (4) of Commission Regulation ( EEC) No 21 07/74 (4) of 8 August 1974 laying down 'The licence shall be issued for imports to be protective measures applicable to imports of preserved effected during the quarter in respect of which it mushrooms, as amended by Regulation ( EEC) No was drawn up . It shall be valid for imports into the Member State which issued it\ 2587/74 (5 ), provides that import licences shall not be required for imports originating in third countries which are willing to undertake to maintain a certain 2. The text of the first subparagraph of Article 1 (3) minimum price level ; whereas it appears possible that of Regulation ( EEC) No 2107/74 is replaced by the some third countries are willing to undertake to limit following : their exports to the Community ; whereas, therefore, it 'When application for a licence is made, the quan­ is advisable to exempt exports originating from these tities of products to be imported in the course of countries from the system of import licences ; each quarter shall be indicated . Whereas under Article 3 of Regulation (EEC) No 2107/74 the reference quantity is to be equal either to For the purposes of this Regulation a quarter shall the quantity of preserved mushrooms imported by the mean one of the following periods : applicant during the corresponding month in 1973 or — 1 January to 31 March , to the average quantity imported during the corres­ — 1 April to 30 June , ponding months in 1971 , 1972 and 1973 ; whereas in — 1 July to 30 September, order to simplify the administrative task of Member — 1 October to 31 December, States in applying the protective measures it is advis­ able to lay down only one reference period ; whereas for this purpose it is appropriate to select the period of the year in question '. in which the greatest quantities were imported ;

Whereas for the same purpose it is advisable to amend Article 2 the detailed rules concerning the issue and period of validity of the licences ; The text of Article 1 (4) of Regulation ( EEC) No 2107/ 74 is replaced by the following : Whereas, with a view to improving the administration of the licensing system , it is advisable to relax the ' Import licences shall not be required for imports orig­ rules applicable to applications for licences made by inating in third countries to be specified which are willing and in a position to undertake that the quanti­ (') OJ No L 1 53 , 1 . 7 . 1968 , p. 8 . ties of products originating in their territory imported (-) OJ No L 141 , 3 . 6 . 1975, p. 1 . into the Community shall not exceed certain (') OJ No L 151 , 7 . 7 . 1971 , p. 5 . Y) OJ No L 218 , 9 . 8 . 1974, p. 54. maximum quantities and that all deflection of trade (3 ) OJ No L 276, 11 . 10 . 1974, p. 30 . will be avoided '.

No L 190/24 Official Journal of the European Communities 23 . 7 . 75

Article 3 2. Licences issued before 1 August 1975 on the basis of a reference quantity equal to the average The text of Article 2 of Regulation (EEC) No 2107/74 quantity imported into the Community in the is replaced by the following : course of 1971 , 1972 and 1973 during each of the months corresponding to those indicated in the ' 1 . Member States shall notify the Commission application shall be regarded as having been by telex : issued on the basis of the reference quantity as defined in paragraph 1 '. (a) at the latest on the fifth day of the month preceding each quarter and for the first time by 5 September 1975, of the quantities indi­ Article 5 cated for each quarter in the licence applica­ tions lodged with them ; The text of Article 4 of Regulation (EEC) No 2107/74 (b) at the latest on the fifth day of the first month is replaced by the following : of each quarter, of the quantities for the quarter in question in respect of which import 'Where applications for licences are made by licences were issued between the twentieth day persons who have not imported the products in and the end of the previous month . question into the Community during 1973, such applications shall by way of derogation from the 2. On the basis of the notifications provided for abovementioned provisions, be granted subject to in paragraph 1 the Commission shall assess the an overall limit for all applications taken together situation and decide as provided in Article 3 on of 5 % of the average quantities of products the quantities of products for which licences shall imported during each of the periods of 1973 be issued . corresponding to those specified in the applica­ tions into the Member State with whose authori­ 3 . The Commission shall reach a decision ties such applications are lodged. Imports origi­ during the week following that in which the quan­ nating in countries having given the undertaking tities applied for are notified to it. If, however, the referred to in Article 1 (4) shall be excluded when Commission fails to act within that week, the the average quantities are being calculated . conditions previously in force for the issue of Member States shall issue licences in respect of import licences shall continue to apply. such applications by apportioning equitably amongst all the applicants the quantity corres­ 4. Import licences shall be issued, within the ponding to the limit referred to in the preceding limits of the amounts applied for, for the quanti­ paragraph . ties determined by the Commission . They shall be issued from the twentieth day until the end of the Member States shall notify the Commission in accordance with Article 2 ( 1 ) of the quantities for month preceding the quarter in question . which such import licences have been applied for and granted'. In so far as applications relate to quantities exceeding these specified by the Commission they shall be refused'. Article 6

Article 4 In Article 5 ( 1 ) (a) and (b) of Regulation ( EEC) No 2107/74, the word 'month ' is in each case replaced by The text of Article 3 of Regulation (EEC) No 2107/74 the word 'period'. is replaced by the following :

' 1 . The Commission shall determine the quanti­ Article 7 ties of products for which licences shall be issued by fixing a percentage to be applied to the refer­ The text of Article 7 (e) of Regulation ( EEC) No ence quantity laid down for each applicant in 2107/74 is replaced by the following : respect of each period for which a licence is issued . 'the period for which it was issued'. The reference quantity shall for each period indi­ cated in the application be equal to the quantity of Article 8 preserved mushrooms imported by the applicant into the Community in 1973 during that period . The text of . Article 10 of Regulation ( EEC) No Imports originating in third countries having 2107/74 is replaced by the following : given the undertaking referred to in Article 1 (4) shall not be taken into account when the reference ' 1 . On application by the party concerned the quantity is being determined . Member State which issued the import licence

23 . 7 . 75 Official Journal of the European Communities No L 190 / 25

shall decide that the obligation to import is their importation under arrangements for the cancelled and that the deposit shall not be for­ suspension of customs duties or other charges feited in respect of quantities of products which having equivalent effect, of their departure the party concerned has imported or has had from Community territory and of their free imported into the territory of the Community entry for home use in a third country . under arrangements for the suspension of customs 4 . Member States shall inform the Commission duties or charges having equivalent effect and of the circumstances recognised by them as consti­ which have left the territory of the Community tuting force majeure '. and been entered for home use in a third country .

2 . Where as a result of force majeure importa­ Article 9 tion cannot be effected during the period of validity of the licence the competent agency of the In Article lib as follows is added to Regulation ( EEC) No 2107 / 74 : issuing Member State shall decide , at the request of the titular holder, either that the obligation to Article lib import be cancelled , the deposit being released , or Should these protective measures continue to that the period of validity of the licence be apply after 30 September 1975 any licences issued extended for such period as may be considered before 1 September 1975 for imports to be carried necessary in view of the circumstances invoked . out on or after 1 October 1975 shall be replaced Such extension may be granted after the period of by the competent authority of the Member State validity of the licence has expired . by new licences issued in respect of a quarter. The decision to cancel or to extend shall be Member States shall inform the Commssion of restricted to that quantity of the product which the quantities in respect of which licet ces are could not be imported by reason of force majeure. replaced as provided in the preceding paragraph'. Any extension of a licence shall be recorded by means of an endorsement stamped by the issuing Article 10 agency on the licence and by the appropriate of the licence . This Regulation shall enter into force on the third day following its publication in the Official Journal of 3 . The importer shall by means of appropriate the European Communities. documents furnish proof : Articles 2 , 4, 5, 6 , 7 and 8 shall apply with effect from (a) of the circumstances regarded as constituting 1 August 1975 . force majeure ; (b) of the period during which the products Articles 1 , 3 and 9 shall apply with effect from 1 remained on Community territory following September 1975 .

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

Done at Brussels, 22 July 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission