Commission Regulation (EC) No 1986/2005

of 6 December 2005

on the opening of tariff quotas applicable to the importation into the Community of certain processed agricultural products originating in Romania and repealing Regulation (EC) No 2244/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products [1], and in particular Article 7(2) thereof,

Having regard to Council Decision 98/626/EC of 5 October 1998 relating to the conclusion of a Protocol for the adaptation of the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and Romania, of the other part, to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the results of the agricultural negotiations of the Uruguay Round, including the improvements to the existing preferential regime [2], and in particular Article 2(1) thereof,

Whereas:

(1) Protocol No 3 to the Europe Agreement between the European Communities and Romania, approved by Council and Commission Decision 94/907/EC, ECSC, Euratom of 19 December 1994 on the conclusion of the Europe Agreement between the European Communities and their Member States, of the one part, and Romania, of the other part [3], lays down the trade arrangements applicable to the processed agricultural products listed therein.

(2) Protocol No 3 was amended by the Protocol for the adaptation of the trade aspects of the Europe Agreement between the European Communities and Romania [4], approved by Decision 98/626/EC. It provides for the opening of annual tariff quotas for certain goods originating in Romania. Commission Regulation (EC) No 2244/2004 of 23 December 2004 opening tariff quotas for the year 2005 for imports into the European Community of certain processed agricultural products originating in Romania [5] opened the tariff quotas for 2005.

(3) Decision No 3 of the EC-Romania Association Council [6] amended Protocol No 3 of the Europe Agreement. The Decision provides for full or gradual liberalisation of trade for certain processed agricultural products and new tariff quotas for certain others. It enters into force on 1 December 2005.

(4) Consequently, the tariff quotas opened for 2005 should be closed and new ones opened for 2005 and 2006. In accordance with Decision No …/…/EC of the EC-Romania Association Council, for 2005 the new quotas shall be reduced in proportion to the number of months already elapsed prior to the date of entry into force of the Decision.

(5) In accordance with Council Decision of 27 June 2005 on the position to take by the Community in the Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and Romania, of the other part, concerning the improvement of the trade arrangements for processed agricultural products provided for in Protocol 3 of the Europe Agreement between the European Communities and Romania, the tariff quotas provided for in Annex III to Decision No 3 of the EC-Romania Association Council must be managed by the Commission in accordance with Articles 308a, 308b and 308c of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code [7].

(6) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I,

HAS ADOPTED THIS REGULATION:

Article 1

The Community tariff quotas for the products originating in Romania listed in the Annex are opened for 2005 from 1 December 2005 to 31 December 2005 and for 2006 from 1 January to 31 December.

Article 2

The Community tariff quotas referred to in Article 1 shall be managed in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 3

Council Regulation (EC) No 2244/2004 is hereby repealed with effect from the date laid down in the second paragraph of Article 4.

Article 4

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

It shall apply from 1 December 2005.

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

Done at Brussels, 6 December 2005.

For the Commission

Günter Verheugen

Vice-President

[1] OJ L 318, 20.12.1993, p. 18. Regulation last amended by Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

[2] OJ L 301, 11.11.1998, p. 1.

[3] OJ L 357, 31.12.1994, p. 1.

[4] OJ L 301, 11.11.1998, p. 3.

[5] OJ L 381, 28.12.2004, p. 8.

[6] Not yet published in the Official Journal.

[7] OJ L 253, 11.10.1993, p. 1. Regulation last amended by Commission Regulation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).

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ANNEX

Quotas and duties applicable to imports into the Community of goods originating in Romania

Serial No | CN code | Description | Quota volume (tonnes) | Rate of duty applicable within the limits of the quota |

(1) | (2) | (3) | (4) | (5) |

| | | From 1.12.2005 to 31.12.2005 | From 1.1.2006 to 31.12.2006 | |

09.5836 | ex0405 | Butter and other fats and oils derived from milk; dairy spreads: | 91667 | 1200 | 0 % |

ex040520 | - Dairy spreads: | | | |

04052010 | - - Of a fat content, by weight, of 39 % or more but less than 60 %: | | | |

04052030 | - - Of a fat content, by weight, of 60 % or more but less than 75 %: | | | |

09.5838 | ex1704 | Sugar confectionery (including white chocolate), not containing cocoa: | | | |

ex170490 | - Other: | | | |

17049099 | - - - - - Other | 25 | 330 | 0 % |

09.5840 | ex1806 | Chocolate and other food preparations containing cocoa: | | | |

ex180610 | - Cocoa powder, containing added sugar or other sweetening matter: | | | |

18061090 | - - Containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose | 3667 | 50 | 0 % |

09.5842 | ex1806 | Chocolate and other food preparations containing cocoa: | | | |

ex180690 | - Other | | | |

18069090 | - - - Other | 3667 | 50 | 0 % |

09.5845 | ex1901 | Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa powder or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading Nos 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: | | | |

ex190190 | - Other | | | |

- - - Other | | | |

19019099 | - - - Other | 3667 | 50 | 0 % |

09.5847 | ex1905 | Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: | | | |

ex190590 | - Other: | | | |

19059090 | - - - - Other | 1833 | 24 | 0 % |

09.5849 | ex2202 | Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading No 2009 | 125 | 1500 | 0 % |

ex220290 | - Other: | | | |

- - - Other, containing by weight of fat obtained from the products of heading Nos 0401 to 0404: | | | |

22029091 | - - - - - - Less than 0,2 % | | | |

22029095 | - - - 0,2 % or more but less than 2 % | | | |

22029099 | - - - 2 % or more | | | |

09.5860 | 2205 | Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances: | 55 | 720 | 50 % of the MFN rate |

220510 | - In containers holding 2 litres or less: | | | |

22051010 | - - Of an actual alcoholic strength by volume of 18 % vol. or less | | | |

22051090 | - - Of an actual alcoholic strength by volume exceeding 18 % vol. | | | |

220590 | - Other: | | | |

22059010 | - - Of an actual alcoholic strength by volume of 18 % vol. or less | | | |

22059090 | - - Of an actual alcoholic strength by volume exceeding 18 % vol. | | | |

09.5868 | 2207 | Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher; ethyl alcohol and other spirits, denatured, of any strength. | 166667 hl | 2000 hl | 0 % |

22071000 | Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher | | | |

22072000 | - Ethyl alcohol and other spirits, denatured, of any strength. | | | |

09.5869 | 2402 | Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes: | 16667 | 200 | 50 % of the MFN rate |

24021000 | Cigars, cheroots and cigarillos, containing tobacco | | | |

240220 | - Cigarettes containing tobacco: | | | |

24022010 | - Containing cloves | | | |

24022090 | - - - Other | | | |

24029000 | - Other | | | |

[1] For the quota of 200 tonnes opened from 1 January to 31 December 2006, the rate of duty within the quota limits shall be 0 %.

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