Commission Regulation (EC) No 491/2006 of 27 March 2006 amending Regulation (EC) No 2375/2002 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EEC) No 1766/92

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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) In the light of the experience gained in applying Commission Regulation (EC) No 2375/2002 (2), certain provisions of that Regulation should be clarified and simplified. In order to improve monitoring of imports under that tariff quota, it is necessary to allocate a serial number to each subquota. It should also be recalled that import licence applications are to be submitted in accordance with Commission Regulation (EC) No 1291/2000 (3) and that the applicant must therefore lodge a security on the day when the licence application is submitted.

(2) In order to ensure that the actual quantities being requested by individual traders may be verified, it is necessary to specify that traders must submit only one import licence application per serial number and per weekly period concerned, and to provide for a penalty in the event of a failure to meet this requirement.

(3) With a view to modernising the management of the system, provision should be made for the information required by the Commission to be transmitted electronically.

(4) In order to permit improved monitoring of imports under the subquota for third countries other than the United States and Canada, import licence applications and import licences themselves should mention only one country of origin.

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

HAS ADOPTED THIS REGULATION:

Article 1

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

‘Article 4a Traders may submit only one import licence application per order number and per weekly period concerned under Article 5(1). Where traders submit more than one application, all their applications shall be rejected and the securities lodged when the applications were submitted shall be taken over by the Member State concerned.’

Article 2

This Regulation shall enter into force on the third 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, 27 March 2006.

For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

(2) OJ L 358, 31.12.2002, p. 88. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

(3) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).