31990R3221

8 . 11 . 90 Official Journal of the European Communities No L 308/31

COMMISSION REGULATION (EEC) No 3221/90 of 7 November 1990 on the issue of import licences for provisionally preserved cultivated mushrooms

THE COMMISSION . OF THE EUROPEAN COMMUNITIES, nally presented but unsuitable for consumption in that state falling within CN code ex 0711 90 50, under the Having regard to the Treaty establishing the European conditions laid down in this Regulation. Economic Community, Having regard to Council Regulation (EEC) No 426/86 of 2. Import licences shall be applied for and issued in 24 February 1986 on the common organization of the accordance with Regulations (EEC) No 2405/89 and market in products processed from fruit and vegetables (]), (EEC) No 203/85 (*), without prejudice to the specific as last amended by Regulation (EEC) No 2201 /90 (2), and provisions of this Regulation. in particular Article 18 (2) thereof, Article 2 Whereas Commission Regulation (EEC) No 2891 /90 (3) fixed the maximum quantity of provisionally preserved 1 . Member States shall separately notify the quantity cultivated mushrooms in respect of which import licences for which import licences have been applied for in are to be issued for 1990 ; whereas that Regulation respect of products for which it can be proved that they suspended, as a protective measure, from 3 October the have left the supplier country before the date of entry into issue of import licences for the abovementioned products force of Regulation (EEC) No 2891 /90. until conditions could be drawn up for the issue of import licences for use in respect of the outstanding 2. The parties concerned shall provide proof, to the quantities available during the current year ; whereas the satisfaction of the competent authorities, that the condi­ outstanding quantities available should be specified and tions set out in paragraph 1 have been complied with. the conditions for the issue of the licences should be drawn up ; However, the competent authorities may regard the products as having left the supplier country before the Whereas the use of the outstanding quantities available date of entry into force of the abovementioned Regulation should be reserved as a priority for those applying for when one of the following documents is submitted : licences who can prove, to the satisfaction of the compe­ tent national authorities, that the products were in the — in the case of transport by sea or waterway, the bill of course of being delivered to the Community on the day lading showing that loading took place before that on which Regulation (EEC) No 2891 /90 entered into day, force ; — in case of transport by rail, the consignment note Whereas, in order to ensure that the outstanding quanti­ accepted by the railways of the consignor country before that day, ties available are properly used and avoid licence applica­ tions submitted for speculative reasons, the bulk of the — in case of transport by road, the TIR carnet presented quantities available should be reserved for importers who to the first customs office before that day, in the past obtained supplies of cultivated mushrooms in — in case of transport by air, the air bill of lading brine on the basis of the quantities they applied for in showing that the airline received the products before 1989 and 1990, while access to the quantities available by that day. new importers should be maintained ; Whereas, lastly, the additional rules necessary for the issue Article 3 of the licences should be laid down ; whereas such rules are complementary to or in derogation from the provi­ 1 . The quantity fixed in Article 1 (1 ) shall be allocated as follows : sions laid down by Commission Regulation (EEC) No 2405/89 of 1 August 1989 laying down special detailed (a) 3 950 tonnes, less the quantities referred to in Article rules for the application of the system of import licences 2, to importers who submitted applications for import and advance fixing certificates for products processed licences for the products in question in the course of from fruit and vegetables (4), as amended by Regulation 1989 and 1990 ; 1 (EEC) No 619/90 0, (b) 320 tonnes to importers who do not fulfil the condi­ tion set out in (a). HAS ADOPTED THIS REGULATION : However, where the quantity specified in (a) or (b) is not Article 1 applied for, or is so only partially, the quantity available 1 . Until the end of 1990, import licences shall be shall be allocated to the applications submitted by the issued for 4 270 tonnes of cultivated mushrooms provisio­ other group of importers. 2. (a) No application for a licence may relate to a quan­ (') OJ No L 49, 27. 2. 1986, p. 1 . tity exceeding that shown in paragraph 1 (a) or (b), (2) OJ No L 201 , 31 . 7. 1990, p. 1 . as applicable. (3) OJ No L 276, 6. 10. 1990, p. 29 . (4) OJ No L 227, 4. 8 . 1989, p. 34. 0 OJ No L 67, 15. 3. 1990, p. 31 . (6) OJ No L 23, 26. 1 . 1985, p. 24.

No L 308/32 Official Journal of the European Communities 8 . 11 . 90

Article 5 (b) No application for a licence, submitted by an importer as referred to in paragraph 1 (a), may The Commission shall, by 15 November 1990 at the relate to a quantity exceeding 10 % of the quantity latest, fix and communicate by telex to the Member States applied for by the same importer in the course of the quantities for which licences are to be issued for each 1989 and 1990, less the quantity applied for in of the three categories of applications mentioned in September 1990. Article 4.

Article 4 Article 6 Applications for import licences shall be submitted to the The licences for which the applications were forwarded competent authorities of the Member States on 12 and 13 November 1990. The abovementioned authorities shall under Article 4 shall be issued by 16 November 1990 at the latest. forward these applications to the Commission at the latest by 14 November 1990 at 16 noon, distinguishing between Article 7 — the applications relating to the quantities fulfilling the conditions of Article 2, and This Regulation shall enter into force on the day follo­ — the quantities applied for under points (a) and (b) wing its publication in the Official Journal of the Euro­ respectively of Article 3 (1 ). pean Communities.

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

Done at Brussels, 7 November 1990 .

For the Commission Ray MAC SHARRY Member of the Commission