
Article 1 

1. In accordance with Decision 2001/404/EC, tariff quotas are hereby opened for imports into the Community of garlic falling within CN code 0703 20 00 (hereinafter referred to as garlic), subject to the conditions laid down in this Regulation. The volume of each tariff quota, the period for which it applies and the order number are specified in Annex I to this Regulation.
2. The ad valorem duty applicable to garlic imported under the quotas referred to in paragraph 1 shall be 9,6 %.
Article 2 
For the purposes of this Regulation, the following definitions shall apply:

1.. ‘import period’ means the period 1 June to the following 31 May;
2.. ‘the new Member States’ means the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia;
3.. ‘other countries’ means third countries other than Argentina and China;
4.. ‘competent authorities’ means the body or bodies designated by the Member State for the implementation of this Regulation;
5.. ‘reference quantity’ means the quantity of garlic, imported by a traditional importer within the meaning of Article 3, as follows:

((a)) for traditional importers who imported garlic between 1998 and 2000 into the Community as constituted at 30 April 2004, the maximum quantity of garlic imported during one of the 1998, 1999 and 2000 calendar years;
((b)) for traditional importers who imported garlic between 2001 and 2003 into the new Member States, the maximum quantity of garlic imported during

((i)) either the 2001, 2002 or 2003 calendar year,
((ii)) or the 2001/02, 2002/03 or 2003/04 import period;
((c)) for traditional importers who do not fall within (a) or (b), the maximum quantity of garlic imported during one of the first three import periods during which they have obtained import licences pursuant to Regulation (EC) No 565/2002 or this Regulation.
Garlic originating in the new Member States or the Community as constituted at 30 April 2004 shall not be taken into account for the calculation of the reference quantity.
The new Member States shall choose and apply one of the two methods referred to in point (b) to all traditional importers, in accordance with objective criteria and in such a way as to ensure equal treatment between operators.
Article 3 

1. ‘Traditional importers’ means importers, whether natural or legal persons, individuals or groups of operators set up in accordance with national law, who can prove that they have:
(a) obtained import licences pursuant to Regulation (EC) No 565/2002 or this Regulation in each of the previous three import periods;
(b) imported garlic into the Community in at least two of the previous three import periods;
(c) imported into the Community at least 50 tonnes of fruit and vegetables as referred to in Article 1(2) of Regulation (EC) No 2200/96 during the import period preceding their application.
2. ‘New importers’ means importers other than as referred to in paragraph 1, whether natural or legal persons, individuals or groups of operators set up in accordance with national law, who have imported into the Community at least 50 tonnes of fruit and vegetables as referred to in Article 1(2) of Regulation (EC) No 2200/96 in each of the two previous calendar years. Compliance with this condition shall be certified by registration in a trade register held by the Member State or by any other proof to that effect accepted by the Member State and by proof of import.
3. By way of derogation from paragraphs 1 and 2, as regards the import period 1 June 2006 to 31 May 2007 and only in the new Member States:
(a) ‘traditional importers’ means importers, whether natural or legal persons, individuals or groups of operators set up in accordance with national law, who can prove that:
((i)) they have imported garlic from countries of origin other than the new Member States or the Community as constituted at 30 April 2004 in at least two of the previous three import periods;
((ii)) they have imported at least 50 tonnes of fruit and vegetables as referred to in Article 1(2) of Regulation (EC) No 2200/96 during the preceding calendar year;
((iii)) the imports referred to in points (i) and (ii) have taken place in the new Member State where the head office of the importer concerned is located;
(b) ‘new importers’ means importers other than traditional importers within the meaning of (a), whether traders, natural or legal persons, individuals or groups of operators set up in accordance with national law, who can prove that:
((i)) they have imported at least 50 tonnes of fruit and vegetables as referred to in Article 1(2) of Regulation (EC) No 2200/96 in each of the two preceding calendar years from countries of origin other than the new Member States or the Community as constituted at 30 April 2004;
((ii)) the imports referred to in (i) have taken place in the new Member State where the head office of the importer concerned is located.
Article 4 

1. Any release for free circulation in the Community of imported garlic shall be subject to presentation of an import licence issued in accordance with this Regulation.
2. Garlic may only be released for free circulation under the quotas referred to in Article 1(1) where box 24 of the relevant import licence shows one of the entries listed in Annex II.Such import licences shall hereinafter be referred to as ‘“A” licences’. Other import licences shall hereinafter be referred to as ‘“B” licences’.
Article 5 

1. Regulation (EC) No 1291/2000 shall apply to ‘A’ and ‘B’ licences, except as otherwise provided for by this Regulation.
2. ‘A’ licences shall be valid only for the quarter for which they have been issued. Box 24 thereof shall show one of the entries listed in Annex III.‘B’ licences shall be valid for three months from the date of issue.
3. The security referred to in Article 15(2) of Regulation (EC) No 1291/2000 shall amount to EUR 50 per tonne.
4. The country of origin shall be entered in box 8 of ‘A’ and ‘B’ licence applications and of licences and the word ‘yes’ shall be marked with a cross. The import licence shall be valid only for imports originating in the country indicated.
5. By way of derogation from Article 9(1) of Regulation (EC) No 1291/2000, rights arising under ‘A’ and ‘B’ licences shall not be transferable.
Article 6 

1. The total quantity allocated to Argentina, China and other countries pursuant to Annex I shall be distributed as follows:
(a) 70 % to traditional importers;
(b) 30 % to new importers.
2. As regards imports originating in Argentina, China and other countries, if in any quarter the quantity allocated is not fully exhausted by one category of importers, the remainder shall be allocated to the other category.
3. As regards each of the three origins referred to in paragraph 2 and each of the quarters indicated in Annex I, ‘A’ licences shall be issued for up to a maximum quantity equal to the sum of:
(a) the quantity indicated in Annex I for that quarter and for that origin;
(b) the quantities not applied for during the previous quarter for that origin;
(c) the unused quantities notified to the Commission from ‘A’ licences previously issued for that origin.However, quantities not applied for or not used during an import period may not be transferred to the following import period.
Article 7 

1. The total quantity covered by ‘A’ licence applications submitted by a traditional importer in any import period may not exceed that importer’s reference quantity. Applications not complying with this rule shall be rejected by the competent authorities.
2. The total quantity covered by ‘A’ licence applications submitted by a new importer in any quarter may not exceed 10 % of the quantity referred to in Annex I for that quarter and that origin. Applications not complying with this rule shall be rejected by the competent authorities.
Article 8 

1. An applicant may only lodge applications for ‘A’ and ‘B’ licences with the competent authorities of a single Member State and that in which the applicant is registered for VAT purposes.
2. Only importers as defined in Article 3 may lodge ‘A’ licence applications.In support of their ‘A’ licence applications, importers shall provide the information necessary to enable the competent authorities of the Member States concerned to verify compliance with the conditions set out in Article 3 to their own satisfaction.Where, during the previous import period, new importers have obtained import licences pursuant to this Regulation or Regulation (EC) No 565/2002, they shall produce proof that at least 90 % of the quantity allocated to them has actually been released for free circulation.If the proof referred to in the third subparagraph is not produced or the proof produced shows that in any quarter of the import period referred to in that subparagraph, less than 90 % of the quantity allocated to an importer has been released for free circulation, no import licence shall be issued to the applicant, except in cases of force majeure.
3. Importers shall submit their applications for ‘A’ licences during the first five working days of April, July, October and January prior to the respective quarter.
4. Importers shall attach to their applications for ‘A’ licences a declaration stating that they are aware of and undertake to comply with the provisions of Article 7.Such declarations shall be signed and certified as accurate by the importer.
5. Box 20 of ‘A’ licence applications shall indicate ‘traditional importer’ or ‘new importer’ as appropriate.
6. No ‘A’ licence applications may be lodged for a specific quarter and for a specific origin where no quantity is indicated in Annex I for that quarter and for that origin.
7. No ‘B’ licence may be issued in response to an ‘A’ licence application.
Article 9 
By the 15th day of each month as referred to in Article 8(3), the Member States shall notify the Commission of the quantities covered by ‘A’ licence applications lodged in respect of the relevant quarter.
Notifications shall be broken down by origin. Notifications shall also give separate figures for the quantities of garlic applied for by traditional and new importers.
Notifications, including ‘nil’ notifications, shall be effected by electronic means using the form communicated by the Commission to the Member States.
Article 10 

1. ‘A’ licences shall be issued by the competent authorities on the seventh working day following notification as provided for in Article 9.
2. If in any quarter the quantities applied for under the quotas referred to in Article 1(1) are found to exceed the quantity available, the Commission shall set, by means of a regulation, an allocation coefficient to be applied to the ‘A’ licence applications in question and, if necessary, shall suspend the issue of ‘A’ licences in respect of subsequent applications.Where the first subparagraph is applied, ‘A’ licences shall be issued by the competent authorities on the third working day following the entry in force of the regulation referred to in that subparagraph.
3. No ‘A’ licence may be issued for imports of products originating in the countries listed in Annex IV that have not forwarded to the Commission the information needed to set up an administrative cooperation procedure in accordance with Articles 63, 64 and 65 of Regulation (EEC) No 2454/93. That information shall be deemed to have been forwarded on the date of publication as provided for in Article 15 of this Regulation.
4. On the day referred to in the first paragraph of Article 9 the Member States shall notify the Commission of the list of traditional and new importers applying for ‘A’ licences in respect of the relevant quarter. In the case of groups of operators set up in accordance with national law, the operators making up the group shall also be listed.The notifications referred to in the first subparagraph shall be effected by electronic means using the form communicated by the Commission to the Member States.
5. No quantity restriction shall apply to ‘B’ licences, which shall be issued immediately.
Article 11 
Where pursuant to Article 10(2), the quantity covered by an ‘A’ licence is less than that covered by the ‘A’ licence application lodged, the importer concerned may request the competent authorities to withdraw the ‘A’ licence application within three working days following the entry into force of the Regulation adopted pursuant to Article 10(2). In the event of such a withdrawal, the whole security shall be released immediately.
Article 12 

1. The Member States shall notify the Commission of:
(a) the quantities covered by ‘B’ licence applications;
(b) the quantities covered by unused or partly used ‘A’ licences, corresponding to the difference between the quantities entered on the back of the licences and the quantities for which they were issued, in respect of the last completed quarter;
(c) the quantities covered by applications for ‘A’ licences withdrawn pursuant to Article 11.
2. The information referred to in paragraph 1 shall be notified:
(a) as regards paragraph 1(a), by the second working day of each week in respect of applications received the previous week;
(b) as regards paragraph 1(b), by the day referred to in the first paragraph of Article 9;
(c) as regards paragraph 1(c), by the last day of each month as referred to in Article 8(3).If no ‘B’ licence application has been lodged or if there are no unused or withdrawn quantities within the meaning of paragraph 1(b) and (c), the Member State concerned shall notify the Commission thereof on the day indicated in this paragraph.
3. The communications referred to in paragraph 1 shall be effected by electronic means using the form communicated by the Commission to the Member States.The quantities concerned shall be broken down by day of import licence application, third country of origin, type of licence (‘A’ or ‘B’) and for ‘A’ licences the category of importer within the meaning of Article 3.
Article 13 
Garlic originating in a third country listed in Annex IV may only be released for free circulation in the Community if the following conditions are met:

((a)) a certificate of origin issued by the competent national authorities of that country in accordance with Articles 56 to 62 of Regulation (EEC) No 2454/93 is presented;
((b)) the product has been transported direct to the Community from that country in accordance with Article 14.
Article 14 

1. The following shall be considered as having been transported direct to the Community from the third countries listed in Annex IV:
(a) products transported without passing through the territory of any other third country;
(b) products 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 products:
((i)) have remained under the supervision of the customs authorities of the country or countries of transit or warehousing;
((ii)) have not been placed on the market or released for consumption there;
((iii)) have not undergone operations there other than unloading and reloading or any other operation to keep them in good condition.
2. Proof that the conditions referred to in paragraph 1(b) are satisfied shall be submitted to the competent authorities of the Member States, together with:
(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:
((i)) a precise description of the goods;
((ii)) the dates of unloading and reloading, with particulars identifying the transport vehicles used;
((iii)) a statement certifying the conditions in which they have been kept; or
(c) where the proof referred to in points (a) or (b) cannot be provided, any other substantiating documents.
Article 15 
As soon as the information needed to set up an administrative cooperation procedure pursuant to Articles 63, 64 and 65 of Regulation (EEC) No 2454/93 has been forwarded by each third country listed in Annex IV to this Regulation, a communication concerning the forwarding of that information shall be published in the ‘C’ series of the Official Journal of the European Union.
Article 16 

1. If applications or declarations relating to ‘A’ licences presented by an importer to the competent authorities of a Member State are found to contain false, misleading or inaccurate information and unless such information is clearly due to a genuine error, the competent authorities of the Member States concerned shall, depending on the seriousness of the case, exclude the importer in question from the ‘A’ licence applications system for up to four quarters following the finding, without prejudice to the application of any relevant national laws. In such cases, the security referred to in Article 5(3) shall be forfeit in full.
2. The Member States may adopt additional national provisions covering the submission of applications for ‘A’ licences to their competent authorities and may provide for penalties commensurate with the seriousness of any irregularity, to be imposed on importers registered for VAT purposes within their national territory. The Member States shall inform the Commission forthwith of the introduction of any such national provisions.
Article 17 
Each seventh working day after the 15th of each month referred to in Article 8(3), the Commission shall forward to the Member States the information received under Article 10(4) with a view to facilitating the detection or prevention of false claims by operators.
Each seventh working day after the end of each month referred to in Article 8(3), the Commission shall forward to the Member States any information received under Article 12.
The Commission shall keep the Member States regularly informed, in due time and in an appropriate manner, of the amounts of quotas used and of information received under Article 16(2).
The Commission shall communicate to the Member States any other relevant information, and in particular such information as may help to prevent fraud.
Article 18 
The Member States shall take the measures required to ensure reciprocal administrative cooperation with a view to ensuring that this Regulation is properly applied.
Article 19 
Regulations (EC) Nos 565/2002, 228/2004 and 229/2004 are repealed as from 1 April 2006.
However, Regulations (EC) Nos 565/2002, 228/2004 and 229/2004 shall continue to apply with regard to import licences issued in accordance with those Regulations for the import period expiring on 31 May 2006.
Article 20 
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
The provisions concerning ‘A’ licences for the import period starting on 1 June 2006 shall apply from 1 April 2006.
The provisions concerning ‘B’ licences shall apply from 1 January 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 16 November 2005.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
ANNEX I
Origin Order number Quota (tonnes)
First quarter(June-August) Second quarter(September-November) Third quarter(December-February) Fourth quarter(March-May) Total
Argentina      19 147
Traditional importers 09.4104 — — 9 590 3 813
New importers 09.4099 4 110 1 634
China      13 200
Traditional importers 09.4105 2 520 2 520 2 100 2 100
New importers 09.4100 1 080 1 080 900 900
Other countries      6 023
Traditional importers 09.4106 941 1 960 929 386
New importers 09.4102 403 840 398 166
Total — 4 944 6 400 18 027 8 999 38 370
ANNEX II

— in SpanishDerecho de aduana 9,6 % — Reglamento (CE) no 1870/2005,— in CzechCelní sazba 9,6 % – nařízení (ES) č. 1870/2005,— in DanishToldsats 9,6 % — forordning (EF) nr. 1870/2005,— in GermanZollsatz 9,6 % — Verordnung (EG) Nr. 1870/2005,— in EstonianTollimaks 9,6 % – määrus (EÜ) nr 1870/2005,— in GreekΔασμός 9,6 % — Κανονισμός (ΕΚ) αριθ. 1870/2005,— in EnglishCustoms duty 9,6 % — Regulation (EC) No 1870/2005,— in FrenchDroit de douane: 9,6 % — Règlement (CE) no 1870/2005,— in ItalianDazio: 9,6 % — Regolamento (CE) n. 1870/2005,— in LatvianMuitas nodoklis 9,6 % – Regula (EK) Nr. 1870/2005,— in LithuanianMuito mokestis 9,6 % – Reglamentas (EB) Nr. 1870/2005,— in HungarianVám: 9,6 % – 1870/2005/EK rendelet,— in DutchDouanerecht: 9,6 % — Verordening (EG) nr. 1870/2005,— in PolishCło 9,6 % – Rozporządzenie (WE) nr 1870/2005,— in PortugueseDireito aduaneiro: 9,6 % — Regulamento (CE) n.o 1870/2005,— in SlovakClo 9,6 % – nariadenie (ES) č. 1870/2005,— in SlovenianCarina: 9,6 % – Uredba (ES) št. 1870/2005,— in FinnishTulli 9,6 prosenttia – Asetus (EY) N:o 1870/2005,— in SwedishTull 9,6 % – Förordning (EG) nr 1870/2005.

ANNEX III

–– in Spanishcertificado expedido y válido solamente para el trimestre comprendido entre el 1 … y el 28/29/30/31 …–– in CzechLicence vydaná a platná pouze pro čtvrtletí od 1. … do 28./29./30./31. …–– in Danishlicens, der kun er udstedt og gyldig for kvartalet fra 1. … til 28./29./30./31. …–– in GermanLizenz nur erteilt und gültig für das Quartal vom 1. … bis 28./29./30./31. …–– in EstonianLitsents on välja antud üheks kvartaliks alates 1. [kuu] kuni 28./29./30./31. [kuu] ja kehtib selle aja jooksul–– in GreekΠιστοποιητικό εκδοθέν και ισχύον μόνο για το τρίμηνο από την 1η … έως τις 28/29/30/31 …–– in Englishlicence issued and valid only for the quarter 1 [month] to 28/29/30/31 [month]–– in Frenchcertificat émis et valable seulement pour le trimestre du 1er … au 28/29/30/31 …–– in Italiantitolo rilasciato e valido unicamente per il trimestre dal 1o … al 28/29/30/31 …–– in Latvianatłauja izsniegta un derīga tikai ceturksni no 1. [ménesis] līdz 28/29/30/31 [ménesis]–– in LithuanianLicencija išduota ir galioja tik vienam ketvirčiui nuo 1 [mėnuo] iki 28/29/30/31 [mėnuo]–– in HungarianAz engedélyt kizárólag a [hó] 1-jétől [hó] 28/29/30/31-ig terjedő negyedévre állították ki és kizárólag erre az időszakra érvényes–– in Dutchvoor het kwartaal van 1 … tot en met 28/29/30/31 … afgegeven en uitsluitend in dat kwartaal geldig certificaat–– in PolishPozwolenie wydane i ważne tylko na kwartał od 1 … do 28/29/30/31 …–– in Portuguesecertificado emitido e válido apenas para o trimestre de 1 de … a 28/29/30/31 de …–– in Slovakpovolenie vydané a platné len pre štvrťrok od 1. [mesiac] do 28./29./30./31. [mesiac]–– in Sloveniandovoljenje, izdano in veljavno izključno za četrtletje od 1. … do 28./29./30./31. …–– in Finnishtodistus on myönnetty 1 päivän … ja 28/29/30/31 päivän … väliselle vuosineljännekselle ja se on voimassa ainoastaan kyseisenä vuosineljänneksenä–– in Swedishlicens utfärdad och giltig endast för tremånadersperioden den 1 … till den 28/29/30/31 …

ANNEX IV


 Iran
 Lebanon
 Malaysia
 United Arab Emirates
 Vietnam
