Commission Regulation (EC) No 1452/2006 of 29 September 2006 providing for interim measures for the management of a tariff quota for New Zealand butter from October to December 2006 and derogating from Regulation (EC) No 2535/2001
Date: 2006-09-29
Institutions: European Commission
Subjects: New Zealand, butter, derogation from EU law, import licence, import policy, tariff quota

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Official Journal of the European Union

30.9.2006

COMMISSION REGULATION (EC) No 1452/2006

of 29 September 2006

providing for interim measures for the management of a tariff quota for New Zealand butter from
October to December 2006 and derogating from Regulation (EC) No 2535/2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), and in particular Article 29(1) thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 2535/2001 of 14
December 2001 laying down detailed rules for applying
Council Regulation (EC) No 1255/1999 as regards the
import arrangements for milk and milk products and
opening tariff quotas (2) set out in particular rules for
‘New Zealand butter’ as referred to in Article 25(1) of
that Regulation.

import

In order to comply with Articles 26 and 29 of Regu-
lation (EC) No 1255/1999 which stipulate that
the
Commission is
licences are
to ensure that
issued to all applicants irrespective of where in the
Community they are established and that discrimination
between importers must be avoided, as interpreted by the
Court of
Justice of the European Communities in its
judgment of 11 July 2006 in Case C-313/04 Franz Egen-
berger GmbH Molkerei und Trockenwerk v Bundesanstalt für
Landwirtschaft und Ernährung, Commission Regulation (EC)
No 1118/2006 (3) provided for the suspension of import
licences under the current New Zealand butter quota as
from 12 July 2006.

The establishment of
the appropriate instruments for
managing the tariff quota cannot be completed in time
in order to allow imports to take place for the remaining
quantities of 2006. Interim measures should therefore be
adopted for the issue of import licences for the period
ending 31 December 2006 in order
to ensure the
continuity of trade flows with New Zealand, until such
time as the definitive arrangements for managing the
tariff quota as from 1 January 2007 are put in place,
ensuring non-discriminatory access of importers to the
quota in conformity with the Court’s judgment in Case
C-313/04.

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2) OJ L 341, 22.12.2001, p. 29. Regulation as last amended by Regu-

lation (EC) No 926/2006 (OJ L 170, 23.6.2006, p. 8).

(3) OJ L 199, 21.7.2006, p. 11.

it

in view of

is appropriate,

To ensure that the interim measures operate effectively
and that the quantities allocated to each operator are
the
economically viable,
limited time available for deliveries, to require that each
application must be for a certain minimum quantity. To
ensure that applications for import licences are genuine
and to secure maximum utilisation of the quota it is
appropriate to provide for the import licence applications
to be accompanied by a contract with the exporter and
for the non-transferability of the import licences.

(5)

(6)

(7)

In order to ensure that the quota is managed correctly
and fairly, it is necessary to provide that if there are not a
certain minimum number of
a new
licensing round should start as quickly as possible with
least six
if
the ultimate result
contracts, no import licence will be issued under the
transitional regime.

there are not at

applications,

that,

Imports of New Zealand butter must comply with certain
quality requirements laid down in Regulation (EC) No
2535/2001. The IMA 1 certificate should be presented
at the time of import to show compliance with those
requirements and to prove the origin of the butter.

For the remaining quantities to be imported in 2006
under quota No 09.4589 as referred to in Annex III
(A) to Regulation (EC) No 2535/2001 it is therefore
necessary to lift
the issuing of
the suspension of
import
repealing Regulation (EC) No
1118/2006 and to derogate from certain provisions of
Regulation (EC) No 2535/2001.

licences by

(8)

The Management Committee for Milk and Milk Products
has not delivered an opinion within the time-limit set by
its Chairman,

HAS ADOPTED THIS REGULATION:

Article 1

Import of New Zealand butter

Save as otherwise provided for in this Regulation, Chapter III of
Title 2 of Regulation (EC) No 2535/2001 shall apply to the
import of a quantity of 14 294,6 tonnes of butter for the year
2006 under quota number 09.4589 referred to in Annex III(A)
to that Regulation (hereinafter referred to as ‘New Zealand
butter’) for which the issue of licences was suspended under
Regulation (EC) No 1118/2006.

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Article 2

Conditions for applications for import licences

Applications for

1.
import of New Zealand
butter under this Regulation shall be admissible only if the
following conditions are satisfied:

licences for

(a)

the importers must be approved under Article 8 of Regu-
lation (EC) No 2535/2001 and, by way of derogation from
Article 35(2) of Regulation (EC) No 2535/2001,
lodge
licence applications in the Member State in which they
are approved;

(b) importers must submit the original or an authenticated copy
of a purchase contract with a New Zealand exporter for the
import of butter as described in Annex III(A) to Regulation
(EC) No 2535/2001 for a quantity at least equal to that
mentioned in the application;

Licences shall only be issued to applicants whose licence
4.
applications have been notified under paragraph 1. The issue of
such licences shall be made no more than two working days
after the Member States have been informed of the decision
referred to in paragraph 2.

Article 4

New licensing round

1.
If the Commission has decided that no licence applications
should be accepted, pursuant to Article 3(2), a new licensing
round shall be opened under this Regulation, for the purposes
of which:

(a)

the period referred to in Article 2(2) shall be deemed to be
from 2 to 6 November 2006; and

(b) the date referred to in Article 3(1) shall be deemed to be 8

November 2006.

(c)

importers may lodge only one application and if they lodge
more than one application, all those applications shall be
rejected;

2.
If in the period referred to in paragraph 1(a), fewer than
six valid applications have been lodged, no import licences shall
be issued for the quota referred to in Article 1.

(d) applications must relate to a quantity of at least 1 000
tonnes but to no more than 30 % of the quantity referred
to in Article 1.

Licence applications shall be lodged from 16 to 18

2.
October 2006.

Article 3

Issue of licences

1.
By 20 October 2006 at the latest, Member States shall
notify the Commission by fax or electronic mail of the licence
applications lodged under this Regulation, specifying the names
of the applicants and the quantities applied for by each one.

2.
The Commission shall decide within three working days
following the date referred to in paragraph 1 to what extent
inform the
licence applications may be accepted and shall
less than six
Member States of
valid applications have been lodged, no applications shall be
accepted and Article 4 shall apply.

its decision. Where in total

Article 5

Entries on applications and licences

By way of derogation from Article 28(1)(c) of Regulation (EC)
No 2535/2001, Box 16 of licence applications may show one
or more of the CN codes listed under quota number 09.4589
referred to in Annex III(A) to that Regulation. If a licence appli-
cation indicates more than one CN code,
it must specify the
quantity requested for each code and a separate licence shall be
issued for each code.

By way of derogation from Article 28(1)(d) of Regulation (EC)
No 2535/2001, licence applications and licences shall show in
Box 20 a reference to this Regulation.

Article 6

Licences

Import licences issued under this Regulation shall be valid

1.
until 31 December 2006.

By way of derogation from Article 9 of Commission
issued

2.
Regulation (EC) No 1291/2000 (1),
import
under this Regulation may not be transferred.

licences

3. Where the total quantity covered by licence applications
exceeds the quantity referred to in Article 1, the Commission
shall apply an allocation coefficient to the quantities applied for.
In that case,
the security corresponding to the
the part of
quantities not allocated shall be released.

Article 35(3) of Regulation (EC) No 2535/2001 shall not

3.
apply.

(1) 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).

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By way of derogation from Article 36, second paragraph,
4.
of Regulation (EC) No 2535/2001, where a consignment of
butter does not meet the compositional requirements set out
in Annex III(A) to that Regulation, the customs authorities shall
not send the licence to the issuing authorities.

The quantity shall not be booked off of the import licence.

Article 7

IMA 1 certificates

By way of derogation from Article 25(1) of Regulation
1.
the duty rate provided for in Annex
(EC) No 2535/2001,
III(A) to Regulation (EC) No 2535/2001 shall be applied to
New Zealand butter imported under the present Regulation
only on presentation of the declaration of release for free circu-
lation accompanied by an IMA 1 certificate, proving the elig-
ibility requirements and the origin of the butter covered by that
declaration.

The IMA 1 certificate shall not be valid beyond 31

2.
December 2006.

total quantity covered before the product it covers leaves the
territory of the issuing country shall not apply.

Article 8

Information to the Commission

Without prejudice to Article 39 of Regulation (EC) No
shall, by 28 February 2007,
2535/2001, Member States
communicate
to the Commission the quantity of New
Zealand butter imported under the present Regulation and
released for free circulation for which the security has been
released.

Article 9

Repeal of Regulation (EC) No 1118/2006

Regulation (EC) No 1118/2006 is repealed.

Article 10

Entry into force

3.
The undertaking referred to in Article 33(1)(d) of Regu-
lation (EC) No 2535/2001 to issue the IMA 1 certificate for the

This Regulation shall enter into force on the 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, 29 September 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission