Commission Implementing Regulation (EU) 2016/2243
of 13 December 2016
amending Regulation (EC) No 341/2007 as regards the import tariff quota for garlic originating in China

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/1972, (EEC) No 234/1979, (EC) No 1037/2001 and (EC) No 1234/2007, and in particular point (a) of Article 187 thereof,
OJ L 347, 20.12.2013, p. 671.
Whereas:
(1) Commission Regulation (EC) No 341/2007 opens and provides for the administration of tariff quotas for garlic falling within CN code 0703 20 00 and for certain other agricultural products imported from third countries.
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).
(2) 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 schedules of the Republic of Croatia in the course of its accession to the European Union, approved by Council Decision (EU) 2016/243 provides for an increase by 2 150 tonnes of the Union tariff rate quota for garlic originating in China.
Council Decision (EU) 2016/243 of 12 February 2016 on the signing, on behalf of the European Union, 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 45, 20.2.2016, p. 12).
(3) The increase in the tariff rate quota should be reflected in Annex I to Regulation (EC) No 341/2007. Regulation (EC) No 341/2007 should therefore be amended accordingly.
(4) Since the Agreement between the European Union and the People's Republic of China was approved by the Council on 18 October 2016, importers could have access to the increased quantities as from the fourth sub-period of the import tariff quota period 2016/2017. Article 10(1) of Regulation (EC) No 341/2007 provides that importers have to lodge their applications for import licences during the first seven days of January for the fourth sub-period. It is therefore appropriate that this Regulation applies as from 1 January 2017.
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).
(5) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,
HAS ADOPTED THIS REGULATION:

Article 1 Amendment to Regulation (EC) No 341/2007
Annex I to Regulation (EC) No 341/2007 is replaced by the text in the Annex to this Regulation.

Article 2 Entry into force and application
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2017.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2016.
For the Commission
The President
Jean-Claude Juncker
ANNEX

‘ANNEX I Tariff quotas opened pursuant to Decisions 2001/404/EC, 2006/398/EC, 2014/116/EU and (EU) 2016/243 for imports of garlic falling within CN code 0703 20 00
Origin	Order number	Quota (tonnes)				
		First subperiod (June to August)	Second subperiod (September to November)	Third subperiod (December to February)	Fourth subperiod (March to May)	Total
Argentina						19 147
Traditional importers	09.4104	—	—	9 590	3 813	
New importers	09.4099	—	—	4 110	1 634	
Total		—	—	13 700	5 447	
China						48 225
Traditional importers	09.4105	8 664	8 664	7 548	8 884	
New importers	09.4100	3 713	3 713	3 233	3 806	
Total		12 377	12 377	10 781	12 690	
Other third countries						6 023
Traditional importers	09.4106	941	1 960	929	386	
New importers	09.4102	403	840	398	166	
Total		1 344	2 800	1 327	552	
Total		13 721	15 177	25 808	18 689	73 395’