COMMISSION REGULATION (EC) No 1996/2006
of 22 December 2006
adapting several Regulations concerning the cereals market 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 the Republic of Bulgaria and Romania, and in particular Article 4(3) thereof,
Having regard to the Act of Accession of the Republic of Bulgaria and Romania, and in particular Article 56 thereof,
Whereas:
(1)
Certain technical amendments are needed to several Commission regulations concerning the cereals market by reason of the accession of Bulgaria and Romania to the European Union.
(2)
A number of regulations in the cereals sector provide for entries in all the Community languages. These entries should therefore be added in the languages of the new Member States, and Commission Regulations (EEC) Nos 2622/71 (1), 1722/93 (2), 2131/93 (3), (EC) Nos 1501/95 (4), 1839/95 (5), 2058/96 (6), 196/97 (7), 327/98 (8), 1342/2003 (9), 2236/2003 (10), 955/2005 (11), 972/2006 (12) and 1482/2006 (13) should therefore be amended accordingly.
(3)
After accession, the references to Bulgaria and Romania as countries of destination for export refunds and levies in Commission Regulation (EEC) No 2145/92 of 29 July 1992 redefining the destination zones for export refunds, export levies and certain export licenses for cereals and rice (14) should be deleted.
(4)
With Romania’s accession, Constanta becomes a Community port. As a result, the second subparagraph of Article 7(2a) of Regulation (EEC) No 2131/1993 ceases to be relevant and should therefore be adapted.
(5)
With the accession of Bulgaria, the Community tariff quotas involving Bulgaria provided for in Commission Regulations (EC) Nos 2133/2001 (15) and 958/2003 (16) will lapse. Those quotas should therefore be deleted.
(6)
After accession, the Community tariff quota involving Romania provided for in Commission Regulation (EC) No 573/2003 (17) will lapse. That quota should therefore be deleted.
(7)
Regulation (EC) No 1342/2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice set out, following the conclusion of trade agreements between the European Community and Bulgaria and Romania, a specific procedure for exports of cereal products to those countries. These rules should be adapted to take account of the accession of the two countries to the European Union.
(8)
Following the accession of Bulgaria and Romania, the provisions of Article 1(2) of Commission Regulation (EC) No 936/2006 (18) lapse as regards the exclusion of Bulgaria and Romania from the invitation to tender for common wheat for export to third countries, and should therefore be deleted.
(9)
Following the accession of Bulgaria and Romania, the provisions of Articles 1(1) and 2(2) of Regulation (EC) No 1278/2006 (19) lapse as regards the exclusion of Bulgaria and Romania from the list of third countries towards which exports of oats from Finland and Sweden are destined, and should therefore be deleted.
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2622/71 is hereby amended as follows:
1.
Article 1 is replaced by the following:
‘Article 1
Proof that the special export tax mentioned in Articles 2 and 3 of Regulation (EEC) No 1234/71 has been paid shall be furnished to the competent authority of the importing Member State by presentation of movement certificate A. TR. 1. In that case, one of the entries contained in the Annex to this Regulation shall be made in the “Remarks” section by the competent authority.’
2.
Annex I to this Regulation is added as the Annex thereto.
Article 2
In the Annex to Regulation (EEC) No 2145/92, the words ‘Bulgaria’ and ‘Romania’ are deleted.
Article 3
Annex IV to Regulation (EEC) No 1722/93 is replaced by Annex II to this Regulation.
Article 4
Regulation (EEC) No 2131/93 is amended as follows:
1.
The second subparagraph of Article 7(2a) is replaced by the following:
‘For the purpose of this paragraph the Croatian ports of Rijeka and Split may be regarded as places of exit.’
2.
The second paragraph of Article 17a is replaced by the following:
‘Such proof shall be furnished by the insertion of one of the entries listed in the Annex, certified by the competent authority, on the control copy referred to in Article 8 of Regulation (EC) No 800/1999 and of the single administrative document or national document proving that the goods have left the customs territory of the Community.’
3.
Annex III to this Regulation is added as the Annex thereto.
Article 5
Regulation (EC) No 1501/95 is hereby amended as follows:
1.
The second paragraph of Article 13 is replaced by the following:
‘Such proof shall be furnished by the insertion of one of the entries listed in Annex III certified by the competent authority, on the control copy referred to in Article 8 of Regulation (EC) No 800/1999 and of the single administrative document or national document proving that the goods have left the customs territory of the Community.’
2.
Annex IV to this Regulation is added as Annex III thereto.
Article 6
Regulation (EC) No 1839/95 is hereby amended as follows:
1.
Article 8(2) is replaced by the following:
‘(2) Section 24 of licence applications and licences shall contain one of the entries listed in Annex I a.’
2.
Annex V to this Regulation is added as Annex I a thereto.
Article 7
Annexes I, II, III and IV of Regulation (EC) No 2058/96 are replaced by Annex VI thereto.
Article 8
The Annex of Regulation (EC) No 196/97 is replaced by Annex VII thereto.
Article 9
Regulation (EC) No 327/98 is hereby amended as follows:
1.
Annexes V, VI, VII and VIII are replaced by Annex VIII, Part A thereto.
2.
Annex XI is replaced by Annex VIII, Part B thereto
Article 10
Regulation (EC) No 2133/2001 is hereby amended as follows:
1.
Article 2(1) is deleted.
2.
The references to tariff quota 09.5732 in Annex I are deleted.
Article 11
Regulation (EC) No 573/2003 is hereby repealed.
Article 12
Regulation (EC) No 958/2003 is hereby repealed.
Article 13
Regulation (EC) No 1342/2003 is amended as follows:
1.
Article 3 is replaced by the following:
‘Article 3
1. Where export refunds are fixed by tender, the rate of refund appearing in statements of award of contracts shall be entered in letters and figures in section 22 of the licences. This rate shall be expressed in Euro and shall be preceded by one of the entries shown in Annex VII to this Regulation.
2. Where export taxes are fixed by tender, the rate of tax appearing in statements of award of contracts shall be entered in letters and figures in section 22 of the licences. This rate shall be expressed in Euro and shall be preceded by one of the entries shown in Annex VIII to this Regulation.’
2.
Article 5 is replaced by the following:
‘Article 5
For the purposes of the second paragraph of Article 15 of the Commission Regulation (EC) No 1501/95 (20) and of Article 16(10) of Regulation (EC) No 3072/95, section 22 of export licenses shall show one of the entries shown in Annex IX to this Regulation.
(20) OJ L 147, 30.6.1995, p. 7’" 						
3.
The fourth subparagraph of Article 7(2) is replaced by the following:
‘Section 22 of licences shall contain one of the entries shown in Annex X.’
4.
The fourth subparagraph of Article 8(2) is replaced by the following:
‘Section 22 of licences shall contain one of the entries shown in Annex XI.’
5.
The first subparagraph of Article 9(3) (e) and (f) are replaced by the following:
‘e)
in section 20, one of the entries shown in Annex XII
f)
in section 22, in addition to the entry provided for in Article 8(2), and if need be, to the entry provided for in Article 7(2), one of the entries shown in Annex XIII.’
6.
Annex IV is deleted.
7.
Annex IX to this Regulation is added as Annexes VII, VIII, IX, X, XI, XII and XIII.
Article 14
The Annex to Regulation (EC) No 2236/2003 is replaced by Annex X to this Regulation.
Article 15
The Annex to Regulation (EC) No 955/2005 is replaced by Annex XI to this Regulation.
Article 16
Article 1(2) of Regulation (EC) No 936/2006 is replaced by the following:
‘2. The invitation to tender covers common wheat for export to third countries, with the exception of Albania, Croatia, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Serbia (21), Montenegro, Liechtenstein and Switzerland.
Article 17
Regulation (EC) No 972/2006 is amended as follows:
1.
Annex I is replaced by Annex XII, part A, to this Regulation.
2.
Annex IV is replaced by Annex XII, part B, to this Regulation.
Article 18
Regulation (EC) No 1278/2006 is amended as follows:
1.
The first subparagraph of Article 1(1) is amended as follows:
‘1. A special intervention measure in the form of an export refund shall be implemented in respect of 100 000 tonnes of oats produced in Finland and Sweden and intended for export from Finland and Sweden to all third countries, except Norway and Switzerland.’
2.
Article 2(2) is amended as follows:
‘2. The invitation to tender shall relate to the quantity of oats referred to in Article 1(1) for export to all third countries, except Norway and Switzerland.’
3.
The title of the Annex is amended as follows:
‘Tender for the refund for the export of oats from Finland and Sweden to all third countries, except Norway and Switzerland.’
Article 19
Annex III to Regulation (EC) No 1482/2006 is replaced by Annex XIII to this Regulation.
Article 20
This Regulation shall enter into force on the date of and subject to the entry into force of the Treaty of Accession of the Republic of Bulgaria and Romania.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 2006.