In accordance with the Agreement in the form of an Exchange of Letters between the European Community and the Argentine Republic pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 for the modification of concessions with respect to garlic provided for in Schedule CXL annexed to the GATT approved by Council Decision 2001/404/EC(1), the Agreement in the form of an Exchange of Letters between the European Community and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 approved by Council Decision 2006/398/EC(2), and the Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 approved by Council Decision (EU) 2016/1885(3) tariff quotas are open for imports into the Union of fresh or chilled garlic, subject to the conditions laid down in this Regulation.
The volume of each tariff quota, the import tariff quota period and sub-periods for which it applies and the order number are specified in Annex VI to this Regulation.
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 341/2007(4) 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.
1.Garlic originating in Iran, Lebanon, Malaysia, Taiwan, United Arab Emirates or Vietnam may only be released for free circulation in the Union if the following conditions are met:
(a)a certificate of origin, issued by the competent national authorities of that country in accordance with Articles 57, 58 and 59 of Regulation (EU) 2015/2447 is presented;
(b)the product was transported directly from the country of origin to the Union.
2.For the purposes of this Article, a product shall be considered to be directly transported to the Union where:
(a)it is transported from a third country to the Union, without passing through the territory of any other third country;
(b)it is transported through one or more third countries other than the country of origin, with or without transhipment or temporary warehousing in those countries, provided that such passage is justified for geographical reasons or transport requirements and provided that the product:
has remained under the supervision of the customs authorities of the country or countries of transit or warehousing;
has not been put into free circulation or released for consumption in the country or countries of transit or warehousing;
has not undergone operations in the country or countries of transit or warehousing other than unloading and reloading or any other operation to keep it in good condition.
3.Proof that the conditions referred to in point (b) of paragraph 2 are satisfied shall be submitted to the customs authorities of the Member States. It shall consist of:
(a)a single transport document issued in the country of origin and covering passage through the country or countries of transit; or
(b)a certificate issued by the customs authorities of the country or countries of transit and containing:
a precise description of the goods;
the dates of unloading and reloading, with particulars identifying the transport vehicles used;
a statement certifying the conditions in which the goods have been kept;
(c)where the proof referred to in points (a) or (b) cannot be provided, any other substantiating documents.
Member States shall communicate to the Commission:
the list of traditional and new importers applying for licences for tariff quotas under order numbers 09.4099 and 09.4104. The communication shall be made by the last day of each month preceding the tariff quota period or sub-period for which licence applications were lodged;
if applicable, the list of operators that make up groups of operators set up in accordance with national law. The communication shall be made by the last day of each month preceding the tariff quota period or sub-period for which licence applications were lodged.
In accordance with the concessions made in the framework of the World Trade Organisation approved by Decision 94/800/EC, tariff quotas are open for imports into the Union of preserved mushrooms of the genus Agaricus, subject to the conditions laid down in this Regulation. The volume of each tariff quota, the import tariff quota period and sub-periods for which it applies and the order number are specified in Annex VII to this Regulation.
Council Decision 2001/404/EC of 28 May 2001 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Argentine Republic pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 for the modification of concessions with respect to garlic provided for in Schedule CXL annexed to the GATT (OJ L 142, 29.5.2001, p. 7).
Council Decision 2006/398/EC of 20 March 2006 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union (OJ L 154, 8.6.2006, p. 22).
Council Decision (EU) 2016/1885 of 18 October 2016 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (OJ L 291, 26.10.2016, p. 7).
Commission Regulation (EC) No 341/2007 of 29 March 2007 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic and certain other agricultural products imported from third countries (OJ L 90, 30.3.2007, p. 12).