Commission Regulation (EC) No 1688/2006 of 15 November 2006 derogating from Regulation (EC) No 2375/2002 as regards certain import licences issued for tranche No 4 of subquota III of the tariff quotas for imports of common wheat of a quality other than high quality
Date: 2006-11-15
Institutions: European Commission
Subjects: common wheat, derogation from EU law, import licence, tariff quota

16.11.2006

EN

Official Journal of the European Union

L 316/3

COMMISSION REGULATION (EC) No 1688/2006

of 15 November 2006

derogating from Regulation (EC) No 2375/2002 as regards certain import licences issued for tranche
No 4 of subquota III of the tariff quotas for imports of common wheat of a quality other than high
quality

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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,

Whereas:

Commission Regulation (EC) No 2375/2002 of 27
December 2002 opening and providing for the adminis-
tration of Community tariff quotas for common wheat of
a quality other than high quality from third countries (2)
establishes three subquotas for different origins. Subquota
III concerns third countries other than the United States
and Canada. It is divided into four quarterly tranches.
to 31
Tranche No 4 covers the period 1 October
December.

bility should be introduced as regards the use of the
licences issued. To this end, by way of derogation from
Regulation (EC) No 2375/2002, the period of validity
the end of
those licences should be extended until
2006 and their use should be authorised for
the
import of common wheat originating in third countries
other than Ukraine, with the exception of the United
States and Canada.

(6)

Import licences issued for imports of common wheat of
a quality other than high quality (CN code 1001 90 99)
under subquota III (serial number 09.4125) referred to in
Article 3 of the above Regulation from 1 October 2006
will expire from 16 November 2006. The amendments
provided for in this Regulation should therefore apply as
soon as possible. This Regulation should therefore enter
into force on the day of its publication in the Official
Journal of the European Union.

(7)

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

Under Article 6 of Regulation (EC) No 2375/2002,
licences issued pursuant to that Regulation are valid for
45 days from the day of issue.

HAS ADOPTED THIS REGULATION:

Under the third subparagraph of Article 5(1) and point
(a) of Article 9 of Regulation (EC) No 2375/2002, import
licences mention a single country of origin and are valid
only for the products originating in that country.

From 1 October 2006, the pattern of imports into the
European Community of common wheat originating in
Ukraine has been disturbed by the introduction by
Ukraine of control measures and limits on its exports.
This might prevent operators from complying with their
undertakings as
issued with
Ukraine as the country of origin, at least in part.

licences

regards

import

Article 1

subquota III

Notwithstanding Article 6 of Regulation (EC) No 2375/2002,
the period of validity of import licences issued for imports of
common wheat of a quality other than high quality (CN code
1001 90 99) under
(serial number 09.4125)
referred to in Article 3 of that Regulation between 1 October
2006 and 16 November 2006, bearing in Section 8 ‘Ukraine’ as
the country of origin, may be extended until 31 December
the
2006 at
authority which issued the licence concerned shall cancel the
licence and replace it with a new licence valid until 31
December 2006 or shall extend the validity of the original
licence until 31 December 2006.

licence holders. To this end,

the request of

(1)

(2)

(3)

(4)

(5)

To avoid penalising these operators, and to ensure the
proper execution of this quota, a certain degree of flexi-

Article 2

(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 971/2006 (OJ L 176, 30.6.2006, p. 51).

Notwithstanding Article 9 of Regulation (EC) No 2375/2002,
the import licences referred to in Article 1 of this Regulation
may be used for the import of common wheat originating in all
third countries, with the exception of the United States and
Canada.

L 316/4

EN

Official Journal of the European Union

16.11.2006

Article 3

1.
Section 44 of customs declarations for imports carried out
under import licences as referred to in Article 1 shall contain
the following entry:

(a)

the quantities (tonnes) of products imported under import
licences as referred to in Article 1;

(b) the numbers and the dates of issue of the licences under

which those products were imported.

‘Import under Commission Regulation (EC) No 1688/2006’.

Article 4

2. Member States shall send the Commission, electronically
and by 15 February 2007, the following information:

This Regulation shall enter into force on the day of its publi-
cation 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, 15 November 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission