Commission Regulation (EC) No 2018/2006 of 20 December 2006 laying down transitional measures as regards import licences for milk and milk products pursuant to Regulation (EC) No 2535/2001, by reason of the accession of Bulgaria and Romania to the European Union
Date: 2006-12-20
Institutions: European Commission
Subjects: Bulgaria, Romania, accession to the European Union, import licence, milk, milk product, tariff quota

L 384/46

EN

Official Journal of the European Union

29.12.2006

COMMISSION REGULATION (EC) No 2018/2006

of 20 December 2006

laying down transitional measures as regards import licences for milk and milk products pursuant
to Regulation (EC) No 2535/2001, by reason of the accession of Bulgaria and Romania to the
European Union

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty of Accession of Bulgaria and
Romania, and in particular Article 4(3) thereof,

(5)

(6)

is therefore necessary to provide for certain dero-

It
gations from Regulation (EC) No 2535/2001.

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

Having regard to the Act of Accession of Bulgaria and Romania,
and in particular Article 41 thereof,

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

(3)

(4)

Section 2 of Chapter I of Title 2 of Commission Regu-
lation (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 (1) lays
down specific provisions on the approval of applicants
for
for
In order
(hereinafter
operators
to import
referred to as
those
licences
countries to the European Union, transitional measures
should be adopted.

and Romania
the ‘new Member States’)

from the date of

to ensure access

from Bulgaria

accession of

licences.

import

as

the period 1 January 2007 to 30 June 2007,
For
operators of the new Member States should be allowed
to apply, without prior approval,
licences
under the tariff quotas as referred to in the Annexes to
Regulation (EC) No 2535/2001.

for import

Those operators should prove their status and regular
activity as traders. As regards the requirement on the
proof on trade performance, the applicants in the new
Member States should have the opportunity to choose as
a reference year for the trade performance 2005 instead
of 2006 if they can prove that they were not able to
import or export the required quantities of milk products
during 2006 as a result of exceptional circumstances.

list

The authorities of the new Member States should by 20
to the Commission
a
January 2007 transmit
including all eligible operators. In order to enable each
applicant to be identified more easily, and to facilitate the
transfer of licences, the data to be forwarded for each
operator should be specified. Moreover, eligible operators
of the new Member States should be allowed to transfer
import licences.

By way of derogation from Section 2 of Chapter I of Title 2 of
established in
Regulation (EC) No 2535/2001, operators
referred to as the ‘new
Bulgaria and Romania (hereinafter
Member States’) may apply for import licences for the quotas
covering the period 1 January 2007 to 30 June 2007 without
prior approval by the competent authorities of the new Member
State in which they are established.

Article 2

By way of derogation from Article 11 of Regulation (EC)
1.
No 2535/2001, operators established in the new Member States
may apply for import licences for the quotas referred to in
Article 1 of this Regulation only in the Member State where
they are established.

Licence applications shall be admissible only where the

2.
applicant attaches the following documents:

(a) proof that in 2006 the applicant has imported or exported
at least 25 tonnes of milk products covered by Chapter 04
of the Combined Nomenclature in at least four separate
operations;

(b) any document and information adequately substantiating
the identity and status of the applicant, in particular:

(i)

relating to business

documents
tax
arrangements drawn up in accordance with national
law,

accounts or

(ii)

the VAT number,
and

if provided for under national law,

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

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

(iii) the registration in the commercial register, if provided

for under national law.

29.12.2006

EN

Official Journal of the European Union

L 384/47

In case of point (a) of paragraph 2, the reference year shall
3.
be 2005 if the importer concerned can prove that he was not
able to import or export
the required quantities of milk
products during 2006 as a result of exceptional circumstances.

For the purposes of application of this Article,

4.
inward-
and outward-processing transactions shall not be considered
as imports and exports.

Article 3

1.
The competent authorities of the new Member States shall
send to the Commission by 20 January 2007 the list of
operators having applied for import licences for the quotas
covering the period 1 January 2007 to 30 June 2007 in
accordance with Article 1 and complying with the conditions
laid down in Article 2. These lists shall be established in
accordance with the model at Annex XIV to Regulation (EC)
No 2535/2001, exception made of the approval number.

The Commission shall

2.
paragraph 1 to the
Member States.

forward the lists referred to in
the other

authorities of

competent

Article 4

By way of derogation from Article 16(4) of Regulation (EC) No
2535/2001, import licences issued for the quotas covering the
period 1 January 2007 to 30 June 2007 may be transferred
only to natural or legal persons approved in accordance with
Section 2 of that Regulation and to natural or legal persons
appearing on the lists referred to in Article 3 of this Regulation.

Article 5

This Regulation shall enter into force subject to and on the date
of the entry into force of the Treaty of Accession of Bulgaria
and Romania.

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

Done at Brussels, 20 December 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission