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            COMMISSION REGULATION (EC) No 1982/2005

of 5 December 2005         

opening and providing for the administration of an autonomous tariff quota for garlic from 1 January 2006         

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first paragraph of Article 41 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

1.   An autonomous tariff quota of 4 400 tonnes, bearing order number 09.4066 (hereinafter the ‘autonomous quota’), shall be opened from 1 January 2006 for Community imports of fresh or chilled garlic falling within CN code 0703 20 00.

2.   The ad valorem duty applicable to products imported under the autonomous quota shall be 9,6 %.

Article 2

Regulation (EC) No 565/2002 and Regulation (EC) No 228/2004 shall apply to the management of the autonomous quota, subject to the provisions of this Regulation.

However, Articles 1, 5(5) and 6(1) of Regulation (EC) No 565/2002 shall not apply to the management of the autonomous quota.

Article 3

Import licences issued under the autonomous quota, hereinafter ‘licences’, shall be valid until 31 March 2006.

Box 24 of the licences shall show one of the entries listed in Annex I.

Article 4

1.   Importers may submit licence applications to the competent authorities of the Member States in the five working days following the date of entry into force of this Regulation.

Box 20 of the licences shall show one of the entries listed in Annex II.

2.   Licence applications submitted by a single importer may not relate to a quantity exceeding 10 % of the autonomous quota.

Article 5

The autonomous quota shall be allocated as follows:

If the quantity allocated to one of the categories of importers is not used in full, the balance may be allocated to the other category.

Article 6

1.   The Member States shall notify the Commission, on the seventh working day following that of the entry into force of this Regulation, of the quantities for which licence applications have been made.

2.   Licences shall be issued on the 12th working day following that of the entry into force of this Regulation, unless the Commission has taken special measures under paragraph 3.

3.   If the Commission finds, on the basis of the information notified under paragraph 1, that licence applications exceed the quantities available for a category of importers according to Article 5, it shall adopt, by means of a regulation, a single reduction percentage for the applications in question.

Article 7

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, 5 December 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 86, 3.4.2002, p. 11. Regulation as amended by Regulation (EC) No 537/2004 (OJ L 86, 24.3.2004, p. 9).

(2)OJ L 39, 11.2.2004, p. 10.

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ANNEX I

Entries referred to in Article 3

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ANNEX II

Entries referred to in Article 4(1)

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