TITLE IIISPECIFIC SECTORAL RULES

CHAPTER 5 Fruits and vegetables

Section 1 Garlic

Article 38Traditional importers and new importers for garlic originating in Argentina

1.

This Article shall apply only to tariff quotas under order numbers 09.4099 and 09.4104 for garlic originating in Argentina.

2.

‘Traditional importer’ means an importer that provides proof of the following:

(a)

that the importer has obtained and has used licences for tariff quotas for fresh garlic, CN code 0703 20 00, pursuant to Commission Regulation (EC) No 341/200734 or pursuant to this Regulation in each of the three previous tariff quota periods;

(b)

that the importer has released at least 50 tonnes of fruits and vegetables as defined in Article 1(2)(i) of Regulation (EU) No 1308/2013 for free circulation in the Union, or exported from the Union at least 50 tonnes of garlic during the tariff quota period preceding the submission of the application.

3.

‘New importer’ means an operator other than that referred to in paragraph 2 that provides proof of either of the two following elements:

(a)

that the importer has imported into the Union at least 50 tonnes of fruit and vegetables as defined in Article 1(2)(i) of Regulation (EU) No 1308/2013 in each of the two previous tariff quota periods, or in each of the two calendar years preceding the submission of its application;

(b)

that the importer has exported to third countries at least 50 tonnes of garlic in each of the two previous tariff quota periods, or in each of the two calendar years preceding the submission of its application.

4.

The total quantity covered by licence applications submitted by a new importer in any sub-period shall not exceed 10 % of the total quantity available to both traditional and new importers, as set out in Annex VI, for that sub-period and that origin. Applications not complying with this rule shall be rejected by the competent authorities.

5.

Box 20 of licence applications shall indicate whether the application is made by a ‘traditional importer’ or by a ‘new importer’, as appropriate.

6.

The quantity available for garlic originating in Argentina shall be distributed as follows:

(a)

70 % of the quantity shall be distributed among traditional importers;

(b)

30 % of the quantity shall be distributed among new importers.

7.

If, on the basis of the notifications received under this Regulation, the Commission concludes that the quantities referred to in paragraph 6 are not fully covered by applications, the quantity that was not applied for shall be added to the quantity available for the next sub-period for the same part.