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            COMMISSION REGULATION (EC) No 2015/2005

of 9 December 2005         

on imports during January and February 2006 of bananas originating in ACP countries under the tariff quota opened by Council Regulation (EC) No 1964/2005 on the tariff rates for bananas

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1964/2005 of 29 November 2005 on the tariff rates for bananas (1), and in particular Article 2 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

TITLE I

General provisions

Article 1

Subject

This Regulation lays down the conditions for the issue of import licences for bananas falling under CN code 0803 00 19 originating in the ACP countries under the tariff quota referred to in Article 1(2) of Regulation (EC) No 1964/2005, for January and February 2006.

Article 2

Quantities available for January and February 2006

For January and February 2006,

TITLE II

Operators registered under tariff quota C, referred to in Article 18(1) of Regulation (EEC) No 404/93, for 2005

Article 3

Lodging of licence applications

For January and February 2006, each traditional operator C and each non-traditional operator C, as referred to in Article 3(3) and Article 7(1) of Commission Regulation (EC) No 896/2001 (4) respectively, may lodge one or more import licence applications for up to a maximum, as the case may be, of

Box 20 of licence applications and licences shall contain the entry ‘licence under Title II of Regulation (EC) No ..../2005’.

TITLE III

Other operators

Article 4

Lodging of licence applications

1.   Operators established in the Community, registered for the quotas A/B referred to in Article 18(1) of Regulation (EEC) No 404/93 or the additional quantity set by Regulation (EC) No 1892/2004, who, in 2005, have released bananas originating in ACP countries into free circulation may lodge a single import licence application in relation to the quantity set in the second indent of Article 2.

2.   Licence applications shall be accompanied by a copy of the AGRIM licence or licences used in 2005 to import bananas originating in the ACP countries, duly endorsed, and proof that a security of EUR 150 per tonne has been provided in accordance with Title III of Commission Regulation (EEC) No 2220/85 (5).

3.   Box 20 of licence applications and licences shall contain the entry ‘licence under Title III of Regulation (EC) No 2015/2005’.

TITLE IV

Common provisions

Article 5

Applications

1.   Import licence applications shall be lodged on 14 and 15 December 2005 with the competent authorities of the Member State which established the reference quantity, in the case of traditional operators, and of the Member State where the operator is registered in the case of non-traditional operators, accompanied by proof that a security has been provided for an amount of EUR 150 per tonne under Title III of Regulation (EEC) No 2220/85.

2.   Applications which are not submitted in accordance with Articles 3 and 4 shall not be admissible.

Article 6

Issuing of licences

1.   Member States shall notify the Commission not later than 19 December 2005 of the total quantity for which admissible licence applications have been lodged, giving separate figures for the operators referred to in Title II and those referred to in Title III.

2.   In the light of the notifications under paragraph 1 and having regard to the quantity set in Article 2, the Commission shall, if appropriate, set reduction coefficients to be applied to each licence application in the case of the operators referred to in Title II and Title III respectively.

3.   The competent authorities shall issue import licences, where appropriate applying the reduction coefficients referred to in paragraph 2.

4.   Where, in cases in which paragraph 3 applies, the licence is issued for a quantity less than the quantity requested, the security referred to in Article 4(3) shall be released without delay for the quantity not awarded.

TITLE V

Final provisions

Article 7

Period of validity and charging of licences

1.   Import licences shall be valid for release into free circulation from 1 January 2006 to 7 April 2006.

2.   The quantities for which licences have been used under this Regulation shall be taken into account for the administration of the tariff quota provided for in Article 1(2) of Regulation (EC) No 1964/2005 and, where appropriate, charged to the allocations to be granted to operators subsequently for 2006 under that tariff quota.

Article 8

Notifications

Member States shall notify the Commission not later than 31 January 2006 of the quantities for which licences have been issued, a clear distinction being made between quantities issued to operators referred to in Title II and operators referred to in Title III.

Article 9

Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

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

Done at Brussels, 9 December 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 316, 2.12.2005, p. 1.

(2)OJ L 47, 25.2.1993, p. 1. Regulation as last amended by the 2003 Act of Accession.

(3)OJ L 328, 30.10.2004, p. 50.

(4)OJ L 126, 8.5.2001, p. 6. Regulation as last amended by Regulation (EC) No 838/2004 (OJ L 127, 29.4.2004, p. 52).

(5)OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation (EC) No 673/2004 (OJ L 105, 14.4.2004, p. 17).

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