THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat, and in particular Article 6(1) thereof,
Having regard to Council Decision 2007/360/EC of 29 May 2007 on the conclusion of Agreements in the form of agreed minutes on the modification of concessions with respect to poultrymeat between the European Community and the Federal Republic of Brazil, and between the European Community and the Kingdom of Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), and in particular Article 2 thereof,
Whereas:
(1)
In accordance with the agreements in the form of approved minutes between the European Community and the Federal Republic of Brazil, and between the European Community and the Kingdom of Thailand, pursuant to Article XXVIII of GATT 1994 relating to the modification with respect to poultrymeat of the concessions provided for in schedule CXL annexed to GATT 1994, approved by Decision 2007/360/EC, the Community must open tariff quotas for imports of certain quantities of poultrymeat products. These quantities are allocated in large part to Brazil and Thailand, the remainder being for other third countries.
(2)
Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products and 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 should apply, save as otherwise provided in this Regulation.
(3)
In order to ensure a regular flow of imports, the quota period running from 1 July to 30 June the following year should, for the larger quantities under quota, be subdivided into several subperiods. In any event, under Regulation (EC) No 1301/2006 licences are valid only up to and including the last day of the tariff quota period.
(4)
Council Regulation (EC) No 580/2007 of 29 May 2007 concerning the implementation of Agreements in the form of Agreed Minutes between the European Community and Brazil, and between the European Community and Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), amending and supplementing Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff is entered into force on 31 May 2007. In order to ensure the continuity of imports of poultrymeat into the Community, it is advisable to foresee certain transitional measures between 31 May and 30 June 2007.
(5)
The administration of the tariff quotas should be based on import licences. For this purpose, it is important to specify the arrangements for submitting applications and the details that should appear on the licence applications and the licences themselves.
(6)
In accordance with Article 6 of Regulation (EEC) No 2777/75, account should be taken of the supply requirements of the Community market and the need to safeguard its equilibrium while avoiding any discrimination between the operators concerned. The quantities covered by the import quotas to be opened must be equivalent to the Community total imports of poultrymeat. Therefore, the poultrymeat processors must be made eligible regardless of their involvement in trade with third countries, and must be able to apply for import licences. In view of the risk of speculation inherent in the system in the poultrymeat sector, clear conditions should be laid down as regards access for operators.
(7)
In order to ensure proper administration of the tariff quotas, the security linked to the import licences should be set at EUR 50 per 100 kilograms.
(8)
In the interest of the operators, the Commission should establish the quantities that have not been applied for, which are to be transferred to the following subperiod.
(9)
For some of the quotas opened under this Regulation, the release for free circulation of the imported products should be subject to the presentation of a certificate of origin issued by the Brazilian or Thai authorities in accordance with 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.
(10)
Given that the quota periods and subperiods commence on 1 July 2007, and that the applications for licences must be submitted before that date, this Regulation should enter into force on the day of its publication.
(11)
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION: