Commission Regulation (EC) No 566/2006 of  6 April 2006  amending and derogating from Regulation (EC) No 2014/2005 on licences under the arrangements for importing bananas into the Community in respect of bananas released into free circulation at the common customs tariff rate of duty and amending Regulation (EC) No 219/2006 opening and providing for the administration of the tariff quota for bananas falling under CN code  08030019  originating in ACP countries for the period  1 March  to  31 December 2006
Date: 2006-04-06
Institutions: European Commission
Subjects: ACP countries, CCT duties, import, import licence, originating product, tariff quota, tropical fruit

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EN

Official Journal of the European Union

7.4.2006

COMMISSION REGULATION (EC) No 566/2006

of 6 April 2006

amending and derogating from Regulation (EC) No 2014/2005 on licences under the arrangements
for importing bananas into the Community in respect of bananas released into free circulation at
the common customs tariff rate of duty and amending Regulation (EC) No 219/2006 opening and
providing for the administration of the tariff quota for bananas falling under CN code 0803 00 19
originating in ACP countries for the period 1 March to 31 December 2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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,

(5)

Whereas:

(1)

(2)

(3)

imports of bananas into the
In order to ensure that
adequately monitored, Article 1(1)
Community are
of Commission Regulation (EC) No 2014/2005 (2)
provides that bananas may be released into free circu-
lation at the common customs tariff rate of duty estab-
lished by Regulation (EC) No 1964/2005 subject
to
presentation of an import licence. Article 1(5) of that
Regulation fixes the period of validity of such import
licences at three months.

In order to quickly obtain information on the quantities
released for free circulation in the Community, the period
of validity of licences should be shortened. To ensure the
relevant
the
period of validity of licences should not extend beyond
31 December.

information relates to the calendar year,

For the same reasons, and notwithstanding Article 35(4)
of Commission Regulation (EC) No 1291/2000 of 9 June
2000 laying down common detailed rules for the appli-
cation of the system of import and export licences and
advance fixing certificates for agricultural products (3), the
period during which operators must supply proof to the
competent authority that the licences have been used
should be shortened.

(6)

(7)

(8)

In order to have data on the entire period of implemen-
the tariff-only arrangements introduced by
tation of
the reduction in the
Regulation (EC) No 1964/2005,
period for
licences
should also apply to licences valid from 1 January
2006,
from which Regulation (EC) No
2014/2005 applies.

submission of proof of use of

the date

Indication of the origin of bananas released into free
circulation in the Community is particularly important
information for the purposes of monitoring imports
under the arrangements introduced by Regulation (EC)
No 1964/2005. To make this information available,
provision should be made for import
licences to be
issued for imports of bananas from a specified origin.
To that end, a distinction should be made between
bananas originating in ACP countries and those origi-
nating in other third countries.

To ensure that the market is adequately monitored, it is
necessary to define the information on prices and quan-
tities marketed which the Member States must forward to
the Commission.

to

States

notify

should

false declarations by
In order to detect and prevent
the
operators, Member
list of operators operating under
Commission the
(EC) No 219/2006 (4) and
Commission Regulations
(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 (5).

Regulation (EC) No 219/2006 repeals Commission Regu-
lation (EC) No 896/2001 (6), except for Articles 21, 26
and 27 and the Annex thereto, which it provides are to
continue to apply to imports carried out under Regu-
lation (EC) No 219/2006. In the interests of clarity and
legal certainty, the content of those provisions should be
incorporated into Regulation (EC) No 219/2006.

(1) OJ L 316, 2.12.2005, p. 1.
(2) OJ L 324, 10.12.2005, p. 3.
(3) OJ L 152, 24.6.2000, p. 1. Regulation last amended by Commission

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

(4) OJ L 38, 9.2.2006, p. 22.
(5) OJ L 324, 10.12.2005, p. 5.
(6) OJ L 126, 8.5.2001, p. 6.

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Official Journal of the European Union

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(9)

Regulations (EC) No 2014/2005 and (EC) No 219/2006
should therefore be amended accordingly.

Regulation (EC) No 3223/94 (*), broken down by
country or group of countries of origin;

(10)

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

(b) not later than the 15th day of each month, the quantities
licences were issued during the

for which import
previous month;

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2014/2005 is hereby amended as follows:

1. Article 1 is amended as follows:

(c) not later than the 15th day of each month, the quantities
covered by licences used and returned to the issuing
body during the previous month, broken down by
origin;

(d) at

the written request of

the Commission,

forecast

production and sales.

(a)

the following subparagraph is added to paragraph 3:
‘Box 8 of licence applications must indicate the group of
countries of origin “ACP” or “non-ACP” and the word
“Yes” must be marked with a cross.’

(b) The following subparagraph is added to paragraph 4:

‘Box 8 of licences must indicate the group of countries
of origin “ACP” or “non-ACP” and the word “Yes” must
be marked with a cross.’

The information referred to in paragraph 1 shall be
2.
sent
the
via by
Commission.

system indicated by

electronic

the

___________
(*) OJ L 337, 24.12.1994, p. 66.’

Article 2

Regulation (EC) No 219/2006 is hereby amended as follows:

(c) Paragraph 5 is replaced by the following:

following:

1. The second subparagraph of Article 4(3) is replaced by the

‘5.
Licences shall be valid from the actual day of issue
within the meaning of Article 23(1) of Regulation (EC)
No 1291/2000 until the end of the month following
their issue. However, no licences shall be valid after 31
December of the year of issue.

Import licences shall be valid only for imports origi-
nating in the group of countries indicated.’

(d) The following paragraph is added:

‘6.
Notwithstanding the first indent of Article 35(4)(a)
of Regulation (EC) No 1291/2000, proof of use of the
import licence as referred to in Article 33(1)(a) of that
Regulation must be supplied, except in cases of force
majeure, within 30 days following the date of expiry of
the period of validity of the licence.’

2. Article 2 is replaced by the following:

‘Article 2

1. Member States shall communicate the following infor-
mation to the Commission:

‘The competent authorities in each Member State shall be as
listed in the Annex. That
list shall be amended by the
Commission at the request of the Member States concerned.’

2. Article 6 is amended as follows:

(a) Paragraph 2 is replaced by the following:

‘2. Member States shall communicate the following
information to the Commission:

(a)

from April 2006 to January 2007 inclusive, not later
than the 15th day of each month, the quantities of
bananas released into free circulation during the
previous month, on the basis of the licences issued
in accordance with Article 5(3);

(b) as soon as possible and not later than 30 June 2006,
the quantities of bananas released into free circu-
lation during January and February 2006, on the
basis of the certificates issued in accordance with
Article 6(3) of Regulation (EC) No 2015/2005;

(a) every Wednesday: wholesale prices for yellow bananas,
broken down by country of origin or group of countries
of origin, as recorded the previous week on the repre-
sentative markets listed in Article 3 of Commission

The information referred to in the first subparagraph
shall be sent via by the electronic system indicated by
the Commission.’

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(b) The following paragraph is added:

later than 28 April 2006,

‘3. Member States shall transmit to the Commission,
not
the list of operators
operating under this Regulation and Regulation (EC)
No 2015/2005.

The Commission may communicate these lists to the
other Member States.’

3. The following Article is added after Article 6:

‘Article 6a

Formalities for release for free circulation

1.
The customs offices at which the import declarations
are lodged with a view to the release into free circulation of
bananas shall:

(a) keep a copy of each import licence and extract therefrom
endorsed on acceptance of a declaration of release into
free circulation; and

(b) forward at the end of each fortnight a second copy of
licence and extract endorsed to their

each import
Member State authorities listed in the Annex.

2.
The authorities referred to in paragraph 1(b) shall, at
the end of each fortnight, forward a copy of the licences and
extracts received to the competent authorities of the Member
States listed which issued those documents.

3. Where there is doubt as to the authenticity of the
licence, the extract, or any information in or signatures on
the documents presented, or as to the identity of
the
operators completing the formalities for release into free
circulation or for the account of whom those formalities
are completed, and where irregularities are suspected, the
customs offices at which those documents were presented

shall immediately inform the competent authorities of their
Member State thereof. The latter shall immediately forward
that information to the competent authorities of the Member
State which issued the documents and to the Commission,
for the purposes of a thorough check.

4.
On the basis of the information received under para-
graphs 1, 2 and 3, the Member States' competent authorities
listed in the Annex shall carry out the additional checks
the tariff
needed to ensure the proper administration of
quota arrangements,
in particular verification of the quan-
tities imported under those arrangements, by means of a
precise comparison of the licences and extracts issued with
the licences and extracts used. To that end, they shall verify
the
in particular
documents used and that the documents have been used
by operators.’

authenticity and conformity of

the

4. The second sentence of Article 8 is deleted.

5. The text in the Annex to this Regulation shall be added in an

annex.

Article 3

Notwithstanding Article 2(1)(c) of Regulation (EC) No
2014/2005 as amended by this Regulation, the information
covered by licences used and
relating to the quantities
returned to the issuing body in January and February 2006
shall be sent to the Commission within seven days following
the entry into force of this Regulation.

Article 4

This Regulation shall enter into force on the third day following
that of
the European
Union.

its publication in the Official

Journal of

Article 1(1)(d) shall apply to licences valid from 1 January
2006.

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

Done at Brussels, 6 April 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX
‘ANNEX

Competent authorities of the Member States:

Belgium

France

Bureau d'intervention et de restitution belge/Belgisch
Interventie- en Restitutiebureau
Rue de Trèves 82/Trierstraat 82
B-1040 Bruxelles/Brussel

Office de développement de l'économie agricole des
départements d'outre-mer (ODEADOM)
46-48, rue de Lagny
F-93104 Montreuil Cedex

Czech Republic

Státní zemědělský intervenční fond
Ve Smečkách 33
CZ-110 00 Praha 1

Denmark

Ministeriet for Fødevarer, Landbrug og Fiskeri
Direktoratet for FødevareErhverv; Eksportstøttekontoret
Nyropsgade 30
DK-1780 København V

Germany

Bundesanstalt für Landwirtschaft und Ernährung
Referat 322
Deichmanns Aue 29
D-53179 Bonn

Estonia

Põllumajanduse Registrite ja Informatsiooni Amet
Toetuste osakond, kaubandustoetuste büroo
Narva mnt 3
EE-51009 Tartu

Greece

OΡEΚEΡE (ex-GEDIDAGEP)
Directorate Fruits and Vegetables, Wine and Industrial
Products
241, Acharnon Street
GR-104 46 Athens

ΟΠΕΚΕΠΕ Διεύθυνση Οπωροκηπευτικών, Αμπελοοινικών και
Βιομηχανικών Προϊόντων
Αχαρνών 241
Τ.Κ. 104 46 Αθήνα

Spain

Ministerio de Industria, Turismo y Comercio
Secretaría General de Comercio Exterior
Paseo de la Castellana, 162
E-28046 Madrid

Ireland

Department of Agriculture & Food
Crops Policy & State Bodies Division
Agriculture House (3W)
Kildare Street
Dublin 2
Ireland

Italy

Ministero delle Attività produttive
Direzione generale per la Politica commerciale — Div. II
Viale Boston, 25
I-00144 Roma

Cyprus

Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού
Μονάδα Αδειών Εισαγωγών — Εξαγωγών
CY 1421 Κύπρος

Ministry of Commerce, Industry and Tourism
Import & Export Licensing Unit
CY 1421 Cyprus

Latvia

Zemkopības ministrijas
Lauku atbalsta dienests
Tirdzniecības mehānismu departaments
Licenču daļa
Republikas laukums 2
Rīga, LV-1981

Lithuania

Nacionalinė mokėjimo agentūra
Užsienio prekybos departamentas
Blindžių g. 17
LT-08111 Vilnius

Luxembourg

Ministère de l'agriculture
Administration des services techniques de l'agriculture
Service de l'horticulture
16, route d'Esch
Boîte postale 1904
L-1014 Luxembourg

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Hungary

Portugal

Magyar Kereskedelmi Engedélyezési Hivatal
Margit krt. 85.
H-1024 Budapest

Malta

Ministeru ghall-Affarijiet Rurali u l-Ambjent
Divizjoni tas-Servizzi Agrikoli u Zvilupp Rurali
Agenzija tal-Pagamenti
Trade Mechanisims
Centru Nazzjonali tas Servizzi Agrikoli u Zvilupp Rurali
Ghammieri Marsa CMR 02 Malta

Ministério das Finanças
Direcção-Geral das Alfândegas e dos Impostos Especiais
sobre o Consumo
Direcção de Serviços de Licenciamento
Rua do Terreiro do Trigo — Edifício da Alfândega
P-1149-060 Lisboa

Slovenia
Agencija RS za kmetijske trge in razvoj podeželja
Oddelek za zunanjo trgovino
Dunajska cesta 160
SI-1000 Ljubljana

The Netherlands

Productschap Tuinbouw
Louis Pasteurlaan 6
Postbus 280
2700 AG Zoetermeer
Nederland

Austria

Agrarmarkt Austria
Dresdner Straße 70
A-1200 Wien

Poland

Agencja Rynku Rolnego
Biuro Administrowania Obrotem Towarowym
z Zagranicą
ul. Nowy Świat 6/12
PL-00-400 Warszawa
Polska

Slovakia

Pôdohospodárska platobná agentúra
Dobrovičova 12
SK-815 26 Bratislava

Finland

Maa- ja Metsätalousministeriö
PL 30
FIN-00023 Valtioneuvosto

Sweden

Jordbruksverket
Interventionsenheten
S-551 82 Jönköping

United Kingdom

Rural Payment Agency
External Trade Division
Lancaster House
Hampshire Court
Newcastle Upon Tyne
NE4 7YH
United Kingdom’