Commission Regulation (EC) No 2022/2006 of 22 December 2006 amending Regulations (EC) Nos 2375/2002, 2377/2002, 2305/2003 and 969/2006 opening and providing for the administration of Community tariff quotas for imports of cereals
Date: 2006-12-22
Institutions: European Commission
Subjects: barley, beverage industry, common wheat, import, import licence, maize, originating product, tariff quota, third country

L 384/70

EN

Official Journal of the European Union

29.12.2006

COMMISSION REGULATION (EC) No 2022/2006

of 22 December 2006

amending Regulations (EC) Nos 2375/2002, 2377/2002, 2305/2003 and 969/2006 opening and
providing for the administration of Community tariff quotas for imports of cereals

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:

(1)

(2)

(3)

Commission Regulation (EC) No 1301/2006 of 31
August 2006 laying down common rules for the admin-
istration of import tariff quotas for agricultural products
managed by a system of import licences (2) applies to
import
licences for tariff quota periods starting from
1 January 2007.

Regulation (EC) No 1301/2006 lays down in particular
detailed rules for applications for import licences, the
status of applicants and the issue of licences. It limits
the period of validity of
import licences to the final
day of the tariff quota period.

Commission Regulations (EC) Nos 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 (3),
2377/2002 of 27 December 2002 opening
and
providing for the administration of a Community tariff
from third countries (4),
quota
and
2305/2003 of 29 December 2003 opening
providing for the administration of a Community tariff
quota for imports of barley from third countries (5), and
969/2006 of 29 June 2006 opening and providing for
the administration of a Community tariff quota for

for malting barley

(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 238, 1.9.2006, p. 13.
(3) 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).

(4) OJ L 358, 31.12.2002, p. 95. Regulation as last amended by Regu-

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

from third countries (6)

imports of maize
contain
provisions which diverge from the common rules laid
down by Regulation (EC) No 1301/2006. Those regu-
lations should therefore be amended with a view to
removing the differing rules,
serial
numbers of each quota and subquota and redefining
where necessary the specific rules which apply,
in
licence applications,
particular to the drawing up of
their issue, their period of validity and the notification
of information to the Commission.

specifying the

Regulation (EC) No 1301/2006 applies without prejudice
to additional conditions or derogations which might be
laid down by the sectoral regulations. In particular,
in
order to ensure fluid supply to the Community market,
the intervals at which applications are to be submitted
provided for
(EC) Nos 2375/2002,
2377/2002, 2305/2003 and 969/2006 should be main-
tained, and it is therefore necessary to derogate from
Article 6(1) of Regulation (EC) No 1301/2006 on this
point. Likewise,
in order to guarantee equal access to
operators,
the penalty in the event of submission of
multiple applications should be maintained.

in Regulations

In the interests of simplifying the above regulations,
provisions which are already contained in the horizontal
or sectoral implementing regulations, that is, apart from
Regulation (EC) No 1301/2006, Commission Regulations
(EC) Nos 1291/2000 of 9 June 2000 laying down
common detailed rules
the
for
licences and advance
system of
and
fixing
1342/2003 of 28 July 2003 laying down special
the system of
detailed rules
for cereals and rice (8),
import and export
should provisions which no
should be deleted, as
longer apply.

import and export
for

agricultural products (7),

the application of

the application of

certificates

licences

for

Regulations
2377/2002,
2305/2003 and 969/2006 should therefore be amended.

2375/2002,

(EC)

Nos

These measures should be applied from 1 January 2007,
which is the date from which the measures provided for
in Regulation (EC) No 1301/2006 apply.

(4)

(5)

(6)

(7)

(6) OJ L 176, 30.6.2006, p. 44.
(7) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1713/2006 (OJ L 321, 21.11.2006, p. 11).

(5) OJ L 342, 30.12.2003, p. 7. Regulation as last amended by Regu-

(8) OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regu-

lation (EC) No 970/2006 (OJ L 176, 30.6.2006, p. 49).

lation (EC) No 945/2006 (OJ L 173, 27.6.2006, p. 12).

29.12.2006

EN

Official Journal of the European Union

L 384/71

(8)

However, the period for lodging the first applications
referred to in Regulations
(EC) Nos 2375/2002,
2305/2003 and 969/2006 falls on a public holiday in
2007;
it should therefore be laid down that the first
applications may be lodged by operators only from the
first working day of 2007, and that this first period for
lodging applications closes no later
than Monday 8
January 2007. It should also be specified that import
licence applications for this first period should be sent
to the Commission no later than Monday 8 January
2007.

(9)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

1. In Article 2, the following paragraph 3 is added:

procedure laid down in Article 25(2) of Regulation (EC)
No 1784/2003.’

3. Article 4 is deleted.

4. Article 4a is deleted.

5. Article 5 is replaced by the following:

‘Article 5

1.
Notwithstanding Article 6(1) of Regulation (EC) No
1301/2006, applicants may not submit more than one
serial number and per week.
licence application per
Where applicants lodge more than one application, none
of those applications shall be admissible and the securities
lodged when the applications were submitted shall be
forfeited to the Member State concerned.

licence applications

Import
competent authorities of
no later than Monday at 13.00 (Brussels time).

shall be lodged with the
the Member States each week

Commission Regulations

‘3.
(EC) Nos 1291/2000,
1342/2003 (*) and 1301/2006 (**) shall apply, save as
otherwise provided for in this Regulation.

___________
(*) OJ L 189, 29.7.2003, p. 12.
(**) OJ L 238, 1.9.2006, p. 13.’

However, for 2007, the period for lodging the first appli-
cations shall begin only on the first working day of 2007
and shall end no later than 8 January 2007, and the first
Monday on which import licence applications are to be
sent to the Commission in accordance with paragraph 3
shall be Monday 8 January 2007.

2. In Article 3, paragraphs 3 and 4 are replaced by the

following:

Each licence application shall

2.
kilograms (whole numbers) which may not exceed:

indicate a quantity in

Subquota III shall be divided into four quarterly

‘3.
subperiods, covering the following dates and quantities:

— for subquotas I and II, the total quantity opened for the

year for the subquota concerned,

(a) subperiod No 1: 1 January to 31 March — 594 597

— for subquota III,

the total quantity opened for the

tonnes;

subperiod concerned.

(b) subperiod No 2: 1 April to 30 June — 594 597 tonnes;

The import licence application and the import licence shall
mention a single country of origin.

(c) subperiod No 3: 1 July to 30 September — 594 597

tonnes;

(d) subperiod No 4: 1 October

to 31 December —

594 596 tonnes.

No later than 18.00 (Brussels time) on the final day
3.
the competent
licence applications,
the lodging of
for
authorities
send the Commission, by electronic
means, a notification showing, by serial number, each
application with the origin of
the product and the
quantity applied for, including “nil” notifications.

shall

4. Where the quantities for one of the subperiods 1, 2
or 3 are exhausted, the Commission may bring forward the
opening of the following subperiod in accordance with the

Licences shall be issued on the fourth working day

4.
following the notification referred to in paragraph 3.’

L 384/72

EN

Official Journal of the European Union

29.12.2006

6. Article 6 is replaced by the following:

‘Article 9

‘Article 6

In accordance with Article 23(2) of Regulation (EC) No
1291/2000, the period of validity of the licence shall be
calculated from the actual day of issue.’

1.
Notwithstanding Article 6(1) of Regulation (EC) No
1301/2006, applicants may not submit more than one
licence application per month. Where applicants
lodge
those applications
more than one application, none of
shall be admissible and the securities lodged when the appli-
cations were submitted shall be forfeited to the Member
State concerned.

7. Article 7 is deleted.

8. Article 8 is deleted.

9. Article 9 is replaced by the following:

‘Article 9

licence

Import
lodged with the
competent authorities of the Member States no later than
the second Monday of each month at 13.00 (Brussels time).

applications

shall be

Each licence application shall

2.
kilograms (whole numbers).

indicate a quantity in

Section 8 of the import licence application and the import
licence shall contain the name of the country of origin and
“Yes” shall be marked with a cross. Licences shall be valid
only for products originating in the country indicated in
section 8.’

3.
No later than 18.00 (Brussels time) on the final day for
the lodging of licence applications, the competent authorities
shall send the Commission, by electronic means, a notifi-
cation showing each application and the quantity applied
for, including “nil” notifications.

10. The Annex is deleted.

Article 2

Licences shall be issued on the fourth working day

4.
following the notification referred to in paragraph 3.’

Regulation (EC) No 2377/2002 is hereby amended as follows:

5. Article 11 is deleted.

1. Article 2 is amended as follows:

6. Article 12 is deleted.

(a) paragraph 1 is replaced by the following:

7. Article 13 is replaced by the following:

‘1.
A tariff import quota of 50 000 tonnes of malting
barley falling in HS code (ex) 1003 00 to be used in the
manufacture of beer aged in beechwood vats is hereby
opened (serial number 09.4061).’

(b) the following paragraph 3 is added:

Commission Regulations

‘3.
(EC) Nos 1291/2000,
1342/2003 (*) and 1301/2006 (**) shall apply, save as
otherwise provided for in this Regulation.
___________
(*) OJ L 189, 29.7.2003, p. 12.
(**) OJ L 238, 1.9.2006, p. 13.’

‘Article 13

Section 20 of the import licence application and the import
licence shall contain the name of the processed product to
be made from the cereals concerned.’

8. Annex II is deleted.

Article 3

Regulation (EC) No 2305/2003 is hereby amended as follows:

1. The following paragraph 3 is added to Article 1:

2. Article 3 is deleted.

3. Article 6(2)(a) is replaced by the following:

Commission Regulations

‘3.
1342/2003 and 1301/2006 (*)
shall
otherwise provided for in this Regulation.

(EC) Nos

1291/2000,
as
save

apply,

‘(a) the proof or proofs provided for in Article 5 of Regu-

lation (EC) No 1301/2006,’.

___________
(*) OJ L 238, 1.9.2006, p. 13.’

4. Article 9 is replaced by the following:

2. Article 2 is deleted.

29.12.2006

EN

Official Journal of the European Union

L 384/73

3. Article 3 is replaced by the following:

Article 4

‘Article 3

1.
Notwithstanding Article 6(1) of Regulation (EC) No
1301/2006, applicants may not submit more than one
licence application per week. Where applicants lodge more
than one application, none of those applications shall be
admissible and the securities lodged when the applications
were submitted shall be forfeited to the Member State
concerned.

licence

Import
lodged with the
competent authorities of the Member States each week no
later than Monday at 13.00 (Brussels time).

applications

shall be

Regulation (EC) No 969/2006 is hereby amended as follows:

1. The following paragraph 3 is added to Article 1:

Commission Regulations

‘3.
1342/2003 and 1301/2006 (*)
otherwise provided for in this Regulation.

(EC) Nos 1291/2000,
as
apply,

shall

save

___________
(*) OJ L 238, 1.9.2006, p. 13.’

2. Article 2 is replaced by the following:

However, for 2007, the period for lodging the first appli-
cations shall begin only on the first working day of 2007
and shall end no later than 8 January 2007, and the first
Monday on which import licence applications are to be sent
to the Commission in accordance with paragraph 3 shall be
Monday 8 January 2007.

‘Article 2

The quota shall be divided into two six-monthly

1.
subperiods, covering the following dates and quantities:

Each licence application shall

2.
kilograms (whole numbers).

indicate a quantity in

(a) subperiod No 1: 1 January to 30 June — 121 037

tonnes;

No later than 18.00 (Brussels time) on the final day for
3.
the lodging of licence applications, the competent authorities
shall send the Commission, by electronic means, a notifi-
cation showing each application and the quantity applied
for, including “nil” notifications.

Licences shall be issued on the fourth working day

4.
following the notification referred to in paragraph 3.’

(b) subperiod No 2: 1 July to 31 December — 121 037

tonnes.

2. Where the quantities for subperiod 1 are exhausted,
the Commission may bring forward the opening of the
following subperiod in accordance with the procedure
laid down in Article 25(2) of Regulation (EC) No
1784/2003.’

4. Article 4 is replaced by the following:

3. Article 3 is deleted.

‘Article 4

4. Article 4 is replaced by the following:

In accordance with Article 23(2) of Regulation (EC) No
1291/2000, the period of validity of the licence shall be
calculated from the actual day of issue.’

‘Article 4

5. Article 5 is deleted.

6. Article 6 is deleted.

7. Article 7 is deleted.

8. The Annex is deleted.

1.
Notwithstanding Article 6(1) of Regulation (EC) No
1301/2006, applicants may not submit more than one
lodge
licence application per week. Where applicants
more than one application, none of
those applications
shall be admissible and the securities lodged when the
applications were submitted shall be forfeited to the
Member State concerned.

licence applications

Import
competent authorities of
no later than Monday at 13.00 (Brussels time).

shall be lodged with the
the Member States each week

L 384/74

EN

Official Journal of the European Union

29.12.2006

However, for 2007, the period for lodging the first appli-
cations shall begin only on the first working day of 2007
and shall end no later than 8 January 2007, and the first
Monday on which import licence applications are to be
sent to the Commission in accordance with paragraph 3
shall be Monday 8 January 2007.

6. Article 6 is deleted.

7. Article 7 is deleted.

8. Article 8 is replaced by the following:

Each licence application shall

2.
kilograms (whole numbers).

indicate a quantity in

‘Article 8

The import licence application and the import licence shall
mention a single country of origin.

No later than 18.00 (Brussels time) on the final day
3.
the competent
licence applications,
the lodging of
for
authorities
send the Commission, by electronic
means, a notification showing each application with the
the product and the quantity applied for,
origin of
including “nil” notifications.

shall

Section 8 of the import licence application and the import
licence shall contain the name of the country of origin and
“Yes” shall be marked with a cross. Licences shall be valid
only for products originating in the country indicated in
section 8.’

9. The second sentence of Article 10 is deleted.

10. Article 11 is deleted.

Licences shall be issued on the fourth working day

4.
following the notification referred to in paragraph 3.’

11. Annexes I and II are deleted.

5. Article 5 is replaced by the following:

‘Article 5

In accordance with Article 23(2) of Regulation (EC) No
1291/2000, the period of validity of the licence shall be
calculated from the actual day of issue.’

Article 5

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

It shall apply from 1 January 2007.

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

Done at Brussels, 22 December 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission