Commission Regulation (EC) No 2151/2005 of  23 December 2005  laying down detailed rules for the opening and administration of the tariff quota for sugar products originating in the former Yugoslav Republic of Macedonia as provided for in the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part
Date: 2005-12-23
Institutions: European Commission
Subjects: North Macedonia, import licence, sugar, tariff quota

L 342/26

EN

Official Journal of the European Union

24.12.2005

COMMISSION REGULATION (EC) No 2151/2005

of 23 December 2005

laying down detailed rules for the opening and administration of the tariff quota for sugar products
originating in the former Yugoslav Republic of Macedonia as provided for in the Stabilisation and
Association Agreement between the European Communities and their Member States, of the one
part, and the former Yugoslav Republic of Macedonia, of the other part

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

licenses and advance fixing certificates for agricultural
products (3).

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Decision 2005/914/CE of 21
November 2005 on the conclusion of a Protocol amending
the Stabilisation and Association Agreement between the
European Communities and their Member States, of the one
part, and the former Yugoslav Republic of Macedonia, of the
other part on a tariff quota for the imports of sugar and sugar
products originating in the former Yugoslav Republic of
Macedonia into the Community (1), and in particular Article 3
thereof,

Whereas:

(1)

(2)

(3)

The second subparagraph of Article 27(2) of the Stabili-
sation and Association Agreement between the European
Communities and their Member States, of the one part,
and the former Yugoslav Republic of Macedonia, of the
other part (2) (hereinafter referred to as ‘SAA’), lays down
that
the Community is to apply duty-free access on
imports into the Community for products originating
in the former Yugoslav Republic of Macedonia of
the Combined Nomen-
headings 1701 and 1702 of
clature within the limit of an annual
tariff quota of
7 000 tonnes (net weight).

The SAA enters into force on 1 January 2006, therefore
the quota should be opened and detailed rules of appli-
cation should be in force as from 1 January 2006.

In order to ensure the respect of the quantity of 7 000
tonnes of the annual tariff quota, any positive tolerance
on the quantities imported should be avoided whilst the
rights deriving from import licences should not be trans-
ferable. It is therefore necessary to derogate from some
provisions laid down in Commission Regulation (EC) No
1291/2000 of 9 June 2000 laying down detailed rules
fro the application of the system of import and export

(1) OJ L 333, 20.12.2005, p. 44.
(2) OJ L 84, 20.3.2004, p. 13.

(4)

(5)

To ensure efficient management of the imports within
the annual tariff quota, measures need to be adopted
making it possible for
to keep
records of the relevant data, and to report those data
to the Commission.

the Member States

the products falling
imports of
To improve controls,
under the annual tariff quota should be monitored in
accordance with Article 308d of Commission Regulation
(EEC) No 2454/93 of 2 July 1993 laying down
provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs
Code (4).

(6)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down detailed rules of implemen-
1.
tation for imports into the Community of products under
headings 1701 and 1702 of the Combined Nomenclature origi-
nating in the former Yugoslav Republic of Macedonia covered
by the annual duty-free tariff quota of 7 000 tonnes (net
referred to in the second subparagraph of Article
weight)
27(2) of the Stabilisation and Association Agreement between
the European Communities and their Member States, of the one
part, and the former Yugoslav Republic of Macedonia, of the
other part (hereinafter referred to as ‘SAA’).

The quota referred to in paragraph 1 is opened as from

2.
1 January 2006.

(3) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1856/2005 (OJ L 297, 15.11.2005, p. 7).

(4) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).

24.12.2005

EN

Official Journal of the European Union

L 342/27

Article 2

Article 6

1.
Imports referred to in Article 1 shall be subject to the
production of an import licence which shall bear the quota
order number 09.4327.

Import

2.
licences provided for in paragraph 1 shall be
issued in accordance with Commission Regulation (EC) No
1291/2000 and Commission Regulation (EC) No 1464/95 (1),
save where this Regulation provides otherwise.

Article 3

For the purpose of this Regulation, the following definitions
shall apply:

(a)

‘import period’ means the one-year-period from 1 January
to 31 December;

(b) ‘working day’, a working day at the Commission offices in

Brussels.

Article 4

Import

1.
competent authorities of the Member States.

licence applications

shall be lodged with the

2.
Import licence applications shall be accompanied by the
proof that the applicant has lodged a security of EUR 2 per
100 kilograms.

1.
Import licence applications may be presented each week
from Monday to Friday. No later than the first working day of
the following week Member States shall notify the Commission
of the quantities of sugar products, broken down by eight-digit
CN code,
licence applications have been
presented during the preceding week.

for which import

The Commission shall draw up a weekly total of the
licence applications have been

2.
quantities for which import
presented.

that quota,

3. Where licence applications for the tariff quota referred to
in the second subparagraph of Article 27(2) of the SAA exceed
the Commission shall suspend the
the level of
the
submission of
to be
current
the limit
applied and shall
concerned has been reached.

for
fix an allocation coefficient

inform the Member States that

further applications

that quota for

import period,

4. Where,
in application of measures adopted pursuant to
paragraph 3, the quantity for which a licence is issued is less
than the quantity applied for, the licence application may be
withdrawn within three working days of the adoption of those
measures. In the event of such a withdrawal the security shall be
released immediately.

Licences

5.
shall be issued on the third working day
following the notification referred to in paragraph 1, subject
to measures taken by the Commission pursuant to paragraph 3.

Article 5

Import licence applications and import licences shall show:

in application of measures adopted pursuant to
6. Where,
paragraph 3,
licence is
the quantity for which the import
issued is less than the quantity applied for, the amount of the
security shall be reduced proportionately.

(a)

in section 8, ‘former Yugoslav Republic of Macedonia’, the
word ‘yes’ being marked with a cross;

(b) in section 20, one of the entries listed in the Annex.

7.
Together with the notification referred to in paragraph 1,
Member States shall notify the Commission of the quantities of
sugar for which import licences have been issued pursuant to
paragraph 5 or withdrawn pursuant to paragraph 4 as well as
the quantities of sugar for which import licences have been
returned unused or only partially used. Those notifications
shall relate to information received from Monday to Friday of
the preceding week.

Import licences shall be valid only for products originating in
the former Yugoslav Republic of Macedonia.

(1) OJ L 144, 28.6.1995, p. 14. Regulation as last amended by Regu-

lation (EC) No 96/2004 (OJ L 15, 22.1.2004, p. 3).

8.
The notifications referred to in paragraphs 1 and 7 shall
be effected by electronic means using forms communicated by
the Commission to the Member States.

L 342/28

EN

Official Journal of the European Union

24.12.2005

Article 7

Article 9

Import licences shall be valid from their actual date of issue
until the following 31 December.

Article 8

1.
By way of derogation from Article 8(4) of Regulation (EC)
No 1291/2000, the quantity released into free circulation may
not exceed the quantity indicated in sections 17 and 18 of the
import licence. To that effect, the figure ‘0’ shall be entered in
section 19 of the licence.

2.
By way of derogation from Article 9(1) of Regulation (EC)
No 1291/2000, rights deriving from import licences shall not
be transferable.

At the request of the Commission, the Member States shall
forward to the Commission details of
the quantities of
products admitted for free circulation under the annual tariff
quota during the months specified by the Commission in
accordance with Article 308d of Regulation (EEC) No 2454/93.

Article 10

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

It shall apply as from 1 January 2006.

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

Done at Brussels, 23 December 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

24.12.2005

EN

Official Journal of the European Union

L 342/29

ANNEX

Entries referred to in Article 5(b):

— in Spanish:

Exención de derechos de importación [SAA, artículo 27(2)], número de orden 09.4327

— in Czech:

Osvobozeno od dovozního cla (SAA, čl. 27(2)), pořadové číslo 09.4327

— in Danish:

— in German:

— in Estonian:

Fritages for importtold (artikel 27(2) SAA), løbenummer 09.4327

Frei von Einfuhrabgaben (SAA, Artikel 27(2)), laufende Nummer 09.4327

Impordimaksust vabastatud (SAA, artikkel 27(2)), järjekorranumber 09.4327

— in Greek:

Δασμολογική απαλλαγή [SAA, άρθρο 27(2)], αύξων αριθμός 09.4327

— in English:

— in French:

— in Italian:

Free from import duty (SAA, Article 27(2)), order number 09.4327

Exemption du droit d'importation [SAA, article 27(2)], numéro d'ordre 09.4327

Esenzione dal dazio all'importazione [SAA, articolo 27(2)], numero d'ordine 09.4327

— in Latvian:

Atbrīvots no importa nodokļa (SAA, 27(2). pants), kārtas numurs 09.4327

— in Lithuanian: Atleista nuo importo muito (SAA, 27(2) straipsnis), kvotos numeris 09.4327

— in Hungarian: Mentes a behozatali vám alól (SAA, 27(2) cikk), rendelésszám 09.4327

— in Maltese:

Eżenzjoni minn dazju fuq l-importazzjoni (SAA, Artikolu 27(2)), numru tas-serje 09.4327

— in Dutch:

Vrij van invoerrechten (SAA, artikel 27(2)), volgnummer 09.4327

— in Polish:

Wolne od przywozowych opłat celnych (SAA, art. 27(2)), numer kontyngentu 09.4327

— in Portuguese:

Isenção de direitos de importação [SAA, artigo 27(2)], número de ordem 09.4327

— in Slovak:

Oslobodený od dovozného cla [SAA, čl 27(2)], poradové číslo 09.4327

— in Slovenian:

Brez uvozne carine (SAA, člen 27(2)), „številka kvote“ 09.4327

— in Finnish:

— in Swedish:

Vapaa tuontitulleista (SAA, 27(2) artikla), järjestysnumero 09.4327

Importtullfri (SAA, artikel 27(2)), löpnummer 09.4327