(1)

Applications for import licences were submitted to the competent authorities in the period from 29 June to 3 July 2009 in accordance with Commission Regulation (EC) No 950/2006 and/or Council Regulation (EC) No 508/2007 of 7 May 2007 opening tariff quotas for imports into Bulgaria and Romania of raw cane sugar for supply to refineries in the marketing years 2006/07, 2007/08 and 2008/09 (3), for a total quantity equal to or exceeding the quantity available for order number 09.4340 (2008-2009).

(2)

In these circumstances, the Commission should establish an allocation coefficient for licences to be issued in proportion to the quantity available and/or inform the Member States that the limit established has been reached,

(1)

Commission Regulation (EC) No 1067/2008 (3) opens an overall annual tariff quota of 2 989 240 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 1067/2008 divides subquota III (order number 09.4125) into four quarterly subperiods and has fixed the quantity at 594 597 tonnes for subperiod 3, for the period from 1 July to 30 September 2009.

(3)

Based on the notification made under Article 4(3) of Regulation (EC) No 1067/2008, the applications lodged between 26 June 2009 at 13.00 and 3 July 2009 at 13:00 (Brussels time) in accordance with the second subparagraph of Article 4(1) of that Regulation relate to quantities in excess of those available. The extent to which import licences may be issued should therefore be determined and the allocation coefficient to be applied to the quantities applied for should be laid down.

(4)

Import licences should no longer be issued under subquota III as referred to in Regulation (EC) No 1067/2008 for the current quota subperiod,

(1)

Commission Regulation (EC) No 969/2006 (3) opened an annual import tariff quota of 242 074 tonnes of maize (order number 09.4131).

(2)

Article 2(1) of Regulation (EC) No 969/2006 fixes a quantity of 121 037 tonnes for subperiod 2 for the period from 1 July to 31 December 2009.

(3)

Based on the notification made under Article 4(3) of Regulation (EC) No 969/2006, the applications lodged from 26 June 2009 at 13.00 until 3 July 2009 at 13.00 (Brussels time) in accordance with Article 4(1) of that Regulation relate to quantities in excess of those available. The extent to which import licences may be issued should therefore be determined and the allocation coefficient laid down to be applied to the quantities applied for.

(4)

Import licences should no longer be issued under Regulation (EC) No 969/2006 for the current quota period,

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2008/2009 marketing year are fixed by Commission Regulation (EC) No 945/2008 (3). These prices and duties have been last amended by Commission Regulation (EC) No 562/2009 (4).

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

(1)

The European Community has, since 1981, been a Party to the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries (2).

(2)

In March 2009 the North-East Atlantic Fisheries Commission (NEAFC) amended the list of vessels that have been confirmed as having engaged in illegal, unreported and unregulated fisheries. Implementation of this amendment in the Community legal order should be ensured.

(3)

Regulation (EC) No 43/2009 should therefore be amended accordingly,

(1)

In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)

Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.

(3)

Pursuant to those general rules, the goods described in column 1 of the table set out in the Annex should be classified under the CN code indicated in column 2, by virtue of the reasons set out in column 3.

(4)

It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

(1)

On 27 October 2008 Commission Decision 2008/820/EC (2) was adopted granting a temporary derogation from the rules of origin laid down in Annex II to Council Regulation (EC) No 1528/2007 to take account of the special situation of Swaziland with regard to core spun yarn. On 2 February 2009 Swaziland requested in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007 a new derogation from the rules of origin set out in that Annex. According to the information received from Swaziland, it is still unable to satisfy the rules on cumulation of origin laid down in Annex II to Regulation (EC) No 1528/2007 since it needs to source non-originating poly fibres in South Africa for the manufacture of the final product. Hence, the final product does not comply with the rules laid down in that Annex. Given that Swaziland needs more time to prepare itself to comply with the rules of origin, a new derogation should be granted with effect from 1 January 2009.

(2)

Decision 2008/820/EC applied until 31 December 2008 because it was expected that the Interim Economic Partnership Agreement with the SADC EPA region would enter into force or would be provisionally applied before that date.

(3)

In accordance with Article 4(2) of Regulation (EC) No 1528/2007 the rules of origin set out in Annex II to that Regulation and the derogations to them are to be superseded by the rules of the SADC-EU Interim Partnership Agreement of which the entry into force or the provisional application is now foreseen to take place in 2009.

(4)

It is necessary to ensure continuity of importations from the ACP countries to the Community as well as a smooth transition to the Interim Economic Partnership Agreement. Decision 2008/820/EC should therefore be prolonged with effect from 1 January 2009.

(5)

Decision 2008/820/EC should therefore be amended accordingly.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,

1.

Article 2 is replaced by the following:

2.

in Article 6, the second paragraph is replaced by the following:

‘It shall apply until the rules of origin set out in Annex II to Regulation (EC) No 1528/2007 are superseded by those annexed to any agreement with Swaziland when that agreement is either provisionally applied, or enters into force, whichever is the earlier but in any event not later than 31 December 2009.’;

3.

the Annex is replaced by the text set out in the Annex to this Decision.

(1)

Commission Decision 2007/716/EC (2) lays down transitional measures for structural requirements of certain establishments in the meat and milk sectors in Bulgaria provided for in Regulations (EC) No 852/2004 (3) and (EC) No 853/2004 (4) of the European Parliament and of the Council. As long as those establishments are in transition, products originating from them are only to be placed on the domestic market or used for further processing in Bulgarian establishments in transition.

(2)

According to an official declaration from the Bulgarian competent authority, certain establishments in the meat and milk sectors have ceased their activities or have completed their upgrading process and are now in full compliance with Community legislation. Those establishments should therefore be deleted from the list of establishments in transition.

(3)

The Annex to Decision 2007/716/EC should therefore be amended accordingly.

(4)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Food Chain and Animal Health,