Commission Regulation (EC) No 491/2006 of  27 March 2006  amending Regulation (EC) No 2375/2002 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EEC) No 1766/92
Date: 2006-03-27
Institutions: European Commission
Subjects: common wheat, exchange of information, import, import licence, originating product, tariff quota, third country

28.3.2006

EN

Official Journal of the European Union

L 89/3

COMMISSION REGULATION (EC) No 491/2006

of 27 March 2006

amending Regulation (EC) No 2375/2002 opening and providing for the administration of
Community tariff quotas for common wheat of a quality other than high quality from third
countries and derogating from Council Regulation (EEC) No 1766/92

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Article 1

Regulation (EC) No 2375/2002 is hereby amended as follows:

Having regard to Council Regulation (EC) No 1784/2003 of 29
September 2003 on the common organisation of the market in
cereals (1), and in particular Article 12(1) thereof,

1. In Article 3, paragraph 1 is replaced by the following:

Whereas:

(1)

(2)

tariff quota,

In the light of
the experience gained in applying
Commission Regulation (EC) No 2375/2002 (2), certain
provisions of
that Regulation should be clarified and
simplified. In order to improve monitoring of imports
is necessary to allocate a
under that
should also be
serial number
recalled that
licence applications are to be
submitted in accordance with Commission Regulation
(EC) No 1291/2000 (3) and that
the applicant must
therefore lodge a security on the day when the licence
application is submitted.

it
to each subquota.
import

It

to ensure that

the actual quantities being
In order
requested by individual
is
necessary to specify that traders must submit only one
import
licence application per serial number and per
weekly period concerned, and to provide for a penalty
in the event of a failure to meet this requirement.

traders may be verified,

it

(3) With a view to modernising the management of the
system, provision should be made for the information
required by the Commission to be transmitted electro-
nically.

(4)

(5)

improved monitoring of

In order to permit
imports
under the subquota for third countries other than the
import licence applications
United States and Canada,
and import
licences themselves should mention only
one country of origin.

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

(1) OJ L 270, 21.10.2003, p. 78. Regulation as

(EC) No 1154/2005 (OJ

amended by
L 187,

Commission Regulation
19.7.2005, p. 11).

(2) OJ L 358, 31.12.2002, p. 88. Regulation as last amended by Regu-

lation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

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

lation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

‘1.
The overall
three subquotas:

import tariff quota shall be divided into

(a) subquota I (order number 09.4123): 572 000 tonnes for

the United States;

(b) subquota II (order number 09.4124): 38 000 tonnes for

Canada;

(c) subquota III (order number 09.4125): 2 371 600 tonnes

for other third countries.’

2. The following Article 4a is added:

‘Article 4a

Traders may submit only one import licence application per
order number and per weekly period concerned under
Article 5(1). Where traders submit more than one appli-
cation, all their applications shall be rejected and the secu-
rities lodged when the applications were submitted shall be
taken over by the Member State concerned.’

3. Article 5 is amended as follows:

(a) Paragraph 1 is replaced by the following:

than 13.00, Brussels

‘1.
Applications for import licences shall be submitted
to the competent authorities of the Member States no
later
every Monday.
Applicants shall submit their licence applications to the
competent authorities of the Member State in which they
are registered for VAT purposes. They shall
lodge a
security, in accordance with Article 15(2) of Regulation
(EC) No 1291/2000, for the amount specified in Article
10 of this Regulation.

time,

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Official Journal of the European Union

28.3.2006

Each licence application shall indicate a quantity which
may not exceed the quantity available per subquota or
tranche concerned.

Import licence applications and import licences them-
selves shall mention a single country of origin.’

(b) In paragraph 2, the words ‘by fax’ are replaced by the

words ‘electronically’.

(c) Paragraph 3 is replaced by the following:

If

the combined total of

‘3.
the quantities granted
since the start of the period and the quantities referred
to in paragraph 2 exceeds the relevant subquota or
tranche,
fix, no later than the
third working day after the applications are lodged, the
allocation coefficients to be applied to the quantities
requested.’

the Commission shall

After applying, where necessary,

‘4.
the application
coefficients fixed in accordance with paragraph 3, the
competent authorities of the Member States shall issue,
on the fourth working day following the day on which
the application is submitted, the import licences corre-
sponding to the applications sent to the Commission in
accordance with paragraph 2.

licences are issued,

No later than 18.00, Brussels time, on the day the
the competent authorities
import
shall notify the Commission electronically, on the basis
the total quantity
of
resulting from the sum of
the quantities for which
import licences have been issued on that same day.’

the model annexed hereto, of

4. The Annex is replaced by the text set out in the Annex to

this Regulation.

Article 2

(d) Paragraph 4 is replaced by the following:

This Regulation shall enter into force on the third day following
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, 27 March 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Official Journal of the European Union

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ANNEX

‘ANNEX

Model of the notification referred to in Article 5(2) and (4)

Import quota for common wheat opened by Regulation (EC) No 2375/2002

Week from …to …

Subquota

Serial No

Trader's No

Quantity
applied for (t)

Country of origin

Quantity
supplied (t) (*)

Total quantities applied for (t):

Total quantities supplied (t) (*):

(*) To be completed only for the purposes of the notification referred to in Article 5(4) of Regulation (EC) No 2375/2002.’