# COMMISSION REGULATION (EC) No 109/2009

of 5 February 2009

fixing the allocation coefficient to be applied to applications for import licences for olive oil lodged from 2 to 3 February 2009 under the Tunisian tariff quota and suspending the issue of import licences for the month of February 2009

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) [^1] ,

Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences [^2] , and in particular Article 7(2) thereof,

Whereas:

**(1)** Article 3(1) and (2) of Protocol No 1 [^3] to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part [^4] , opens a tariff quota at a zero rate of duty for imports of untreated olive oil falling within CN codes 1509 10 10 and 1509 10 90 , wholly obtained in Tunisia and transported direct from that country to the Community, up to the limit laid down for each year.

**(2)** Article 2(2) of Commission Regulation (EC) No 1918/2006 of 20 December 2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia [^5] lays down monthly quantitative limits for the issue of import licences.

**(3)** Import licence applications have been submitted to the competent authorities under Article 3(1) of Regulation (EC) No 1918/2006 in respect of a total quantity exceeding the limit laid down for the month of February in Article 2(2) of that Regulation.

**(4)** In these circumstances, the Commission must set an allocation coefficient allowing import licences to be issued in proportion to the quantity available.

**(5)** Since the limit for the month of February has been reached, no more import licences can be issued for that month,

HAS ADOPTED THIS REGULATION:

## **Article 1**

The quantities for which import licence applications were lodged from 2 and 3 February 2009 under Article 3(1) of Regulation (EC) No 1918/2006 shall be multiplied by an allocation coefficient of 90,947950 %.

The issue of import licences in respect of amounts applied for as from 9 February 2009 shall be suspended for February 2009.

## **Article 2**

This Regulation shall enter into force on 6 February 2009.

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 February 2009. *For the Commission* Jean-Luc DEMARTY *Director-General for Agriculture and Rural Development*

[^1] [OJ L 299, 16.11.2007, p. 1](http://publications.europa.eu/resource/oj/JOL_2007_299_R_TOC) .

[^2] [OJ L 238, 1.9.2006, p. 13](http://publications.europa.eu/resource/oj/JOL_2006_238_R_TOC) .

[^3] [OJ L 97, 30.3.1998, p. 57](http://publications.europa.eu/resource/oj/JOL_1998_097_R_TOC) .

[^4] [OJ L 97, 30.3.1998, p. 2](http://publications.europa.eu/resource/oj/JOL_1998_097_R_TOC) .

[^5] [OJ L 365, 21.12.2006, p. 84](http://publications.europa.eu/resource/oj/JOL_2006_365_R_TOC) .

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