(1)

Following the Agreement on Agriculture (2) concluded during the Uruguay Round of multilateral trade negotiations, the Community undertook to open from 1 July 1995, under certain conditions, Community tariff quotas for certain preserved mushrooms of the genus Agaricus spp.

(2)

The conditions for the administration of those quotas have been established by Commission Regulation (EC) No 1864/2004 of 26 October 2004 opening and providing for the administration of tariff quotas for preserved mushrooms imported from third countries (3). For the sake of clarity, that Regulation should be repealed and replaced by a new Regulation as from 1 January 2007.

(3)

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 (4), provides for an increase by 5 200 tonnes of the tariff quota of preserved mushrooms of the genus Agaricus falling within CN codes 0711 51 00, 2003 10 20 and 2003 10 30 originating in China.

(4)

Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (5) applies to import licences for import tariff quota periods starting from 1 January 2007. Regulation (EC) No 1301/2006 lays down in particular detailed provisions on applications for import licences, the status of applicants and the issue of licences. That Regulation limits the period of validity of licences to the last day of the import tariff quota period. The provisions of Regulation (EC) No 1301/2006 should apply to import licences issued pursuant to this Regulation, without prejudice to additional conditions and derogations concerning the applicants laid down in this Regulation.

(5)

Detailed arrangements should be laid down to ensure that the quantities in excess of the tariff quotas are subjected to the levying of the full duty provided for in the Common Customs Tariff. Licences should therefore be issued at the end of a period in which the quantities are checked and the necessary notifications are made by the Member States. These provisions are either supplementary to or derogate from the provisions of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (6).

(6)

There should continue to be an adequate supply of the products concerned on the Community market at stable prices whilst avoiding unnecessary market disruptions in the form of severe price fluctuations and negative effects on the Community producers. To this end, competition amongst importers should be encouraged to an increasing degree and administrative burdens on importers reduced.

(7)

In the interest of existing importers, who normally import substantial quantities of the products concerned, and also in the interest of new importers who join the market and should also have a fair opportunity to apply for licences for a quantity of preserved mushrooms under tariff quotas, a distinction should be drawn between traditional importers and new importers. A clear definition of these two categories of importers should be provided, and certain criteria relating to the status of the applicants and the use of the licences allocated should be laid down.

(8)

It is appropriate to establish an allocation between the two categories of importers on the basis of the quantities effectively imported rather than on the basis of the licences issued.

(9)

In the interest of existing importers, those quantities of preserved mushrooms that fall under the tariff quotas managed by this Regulation and could not be imported during an import tariff quota period due to force majeure should also be taken into account in the calculation of the reference quantities, in order to prevent the subsequent reduction of their reference quantity.

(10)

Licence applications to import preserved mushrooms from third countries presented by each category of importers should be subject to certain restrictions. Such restrictions are necessary to ensure not only that competition between importers is preserved, but also that each importer with a genuine commercial activity in the fruit and vegetable market is given the opportunity to defend its legitimate trading positions vis-à-vis other importers and that no single importer is able to control the market.

(11)

In order to improve and simplify the administration of tariff quotas for preserved mushrooms, clear provisions should be made as regards the dates and procedures for lodging the licence applications and the issuing of the licences by the competent authorities of the Member States.

(12)

Measures are also needed to keep speculative applications for licences which may result in the tariff quotas not being fully utilised to a minimum. Because of the nature and the value of the product concerned, a security should be lodged in respect of each tonne (drained net weight) of the product concerned for which an application for a licence to import is made. The security should be at a level sufficiently high to discourage speculative applications, but not so high as to discourage those engaged in genuine commercial activity in relation to processed fruit and vegetable products. The most appropriate objective criteria for setting the level of the security is a limit of 2 % of the average additional duty applicable to imports into the Community of preserved mushrooms of the genus Agaricus spp. currently falling within CN codes 0711 51 00, 2003 10 20 and 2003 10 30.

(13)

Bulgaria and Romania are due to join the European Union on 1 January 2007. Consequently, the GATT quota currently allocated for them should be reallocated to other suppliers.

(14)

Transitional measures should be laid down in order to allow importers from Bulgaria and Romania to benefit from this Regulation.

(15)

Arrangements should be laid down for the years 2007 and 2008 to ensure that a distinction is made between, on the one hand, traditional importers and new importers within the Community as constituted at 31 December 2006 and, on the other hand, traditional importers and new importers in Bulgaria and Romania.

(16)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,

1.

‘traditional importers’ shall mean importers who can prove that:

2.

‘new importers’ shall mean importers other than those referred to in point 1, that have imported into Bulgaria or Romania at least 50 tonnes of processed fruit and vegetable products, as referred to in Article 1(2) of Regulation (EC) No 2201/96, in each of the two previous calendar years.