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            COMMISSION REGULATION (EC) No 2018/2006

of 20 December 2006         

laying down transitional measures as regards import licences for milk and milk products pursuant to Regulation (EC) No 2535/2001, by reason of the accession of Bulgaria and Romania to the European Union

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 41 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Section 2 of Chapter I of Title 2 of Regulation (EC) No 2535/2001, operators established in Bulgaria and Romania (hereinafter referred to as the ‘new Member States’) may apply for import licences for the quotas covering the period 1 January 2007 to 30 June 2007 without prior approval by the competent authorities of the new Member State in which they are established.

Article 2

1.   By way of derogation from Article 11 of Regulation (EC) No 2535/2001, operators established in the new Member States may apply for import licences for the quotas referred to in Article 1 of this Regulation only in the Member State where they are established.

2.   Licence applications shall be admissible only where the applicant attaches the following documents:

3.   In case of point (a) of paragraph 2, the reference year shall be 2005 if the importer concerned can prove that he was not able to import or export the required quantities of milk products during 2006 as a result of exceptional circumstances.

4.   For the purposes of application of this Article, inward- and outward-processing transactions shall not be considered as imports and exports.

Article 3

1.   The competent authorities of the new Member States shall send to the Commission by 20 January 2007 the list of operators having applied for import licences for the quotas covering the period 1 January 2007 to 30 June 2007 in accordance with Article 1 and complying with the conditions laid down in Article 2. These lists shall be established in accordance with the model at Annex XIV to Regulation (EC) No 2535/2001, exception made of the approval number.

2.   The Commission shall forward the lists referred to in paragraph 1 to the competent authorities of the other Member States.

Article 4

By way of derogation from Article 16(4) of Regulation (EC) No 2535/2001, import licences issued for the quotas covering the period 1 January 2007 to 30 June 2007 may be transferred only to natural or legal persons approved in accordance with Section 2 of that Regulation and to natural or legal persons appearing on the lists referred to in Article 3 of this Regulation.

Article 5

This Regulation shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 341, 22.12.2001, p. 29. Regulation last amended by Regulation (EC) No 926/2006 (OJ L 170, 23.6.2006, p. 8).

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