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

30.9.2006 EN Official Journal of the European Union L 271/40
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
,
Having regard to the Treaty establishing the European Community,
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) 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.
(2) In order to comply with Articles 26 and 29 of Regulation (EC) No 1255/1999 which stipulate that the Commission is to ensure that import licences are 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 Egenberger 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.
(3) 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.
(4) To ensure that the interim measures operate effectively and that the quantities allocated to each operator are economically viable, it is appropriate, in view of the 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) 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 applications, a new licensing round should start as quickly as possible with the ultimate result that, if there are not at least six contracts, no import licence will be issued under the transitional regime.
(6) 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.
(7) 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 suspension of the issuing of import licences by repealing Regulation (EC) No 1118/2006 and to derogate from certain provisions of Regulation (EC) No 2535/2001.
(8) The Management Committee for Milk and Milk Products has not delivered an opinion within the time-limit set by its Chairman,