# COMMISSION REGULATION (EC) No 169/2006

of 31 January 2006

derogating from Regulation (EC) No 2375/2002 as regards the issue of import licences under tranche No 1 of subquota III for common wheat of a quality other than high quality

## Preamble

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)** Commission Regulation (EC) No 2375/2002 [^2] opened an annual tariff quota of 2 981 600 tonnes of common wheat of a quality other than high quality. That quota is divided into three subquotas.

**(2)** Article 3(3) of Regulation (EC) No 2375/2002 fixed a quantity of 592 900 tonnes for tranche No 1 of subquota III for the period 1 January to 31 March 2006.

**(3)** Commission Regulation (EC) No 4/2006 [^3] laid down the percentage of import licences that could be issued on the basis of the information in the Commission’s possession on 2 January 2006. However, one Member State subsequently informed the Commission that a large number of applications submitted by its operators were inadmissible. As a result, against all expectations, considerable quantities remain available for the period concerned. Those quantities should therefore be laid down and a derogation made from the first sentence of Article 3(4) of Regulation (EC) No 2375/2002 by authorising, exceptionally, the lodging of new licence applications for these quantities in accordance with the rules laid down by Regulation (EC) No 2375/2002.

**(4)** 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**

By way of derogation from the first sentence of Article 3(4) of Regulation (EC) No 2375/2002, import licence applications may be lodged from Monday, 6 February 2006 for the quantities of 464 879,874 tonnes available under subquota III referred to in Article 3(3) of Regulation (EC) No 2375/2002 for the period from 1 January to 31 March 2006.

The applications shall be lodged under the terms laid down by Regulation (EC) No 2375/2002, and in particular Article 5 thereof.

## **Article 2**

This Regulation shall enter into force on 1 February 2006.

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 31 January 2006. *For the Commission* Mariann FISCHER BOEL *Member of the Commission*

[^1] [OJ L 270, 21.10.2003, p. 78](http://publications.europa.eu/resource/oj/JOL_2003_270_R_TOC) . Regulation as amended by Commission Regulation (EC) No 1154/2005 ( [OJ L 187, 19.7.2005, p. 11](http://publications.europa.eu/resource/oj/JOL_2005_187_R_TOC) ).

[^2] [OJ L 358, 31.12.2002, p. 88](http://publications.europa.eu/resource/oj/JOL_2002_358_R_TOC) . Regulation as last amended by Regulation (EC) No 777/2004 ( [OJ L 123, 27.4.2004, p. 50](http://publications.europa.eu/resource/oj/JOL_2004_123_R_TOC) ).

[^3] [OJ L 2, 5.1.2006, p. 3](http://publications.europa.eu/resource/oj/JOL_2006_002_R_TOC) .

[^1]: . Regulation as amended by Commission Regulation (EC) No 1154/2005 ().
[^2]: . Regulation as last amended by Regulation (EC) No 777/2004 ().
[^3]: .