Commission Regulation (EU) No 257/2011Show full title

Article 1 U.K.

Regulation (EC) No 616/2007 is amended as follows:

1.

in Article 3, the following paragraph is added:

‘3. The annual quantities established for Group No 5 shall be managed by attributing import rights as a first step and issuing import licences as a second.’;

2.

Articles 4, 5 and 6 are replaced by the following:

‘Article 4

1. For the purposes of applying Article 5 of Regulation (EC) No 1301/2006 as regards groups other than Group No 5, import licence applicants shall, when presenting their first application as regards a given quota period, furnish proof that they imported, during each of the two periods referred to in Article 5 of Regulation (EC) 1301/2006, at least 50 tonnes of products covered by Annex I Part XX to Council Regulation (EC) No 1234/2007(1) or preparation of CN code 0210 99 39.

For the purposes of applying Article 5 of Regulation (EC) No 1301/2006 as regards Group No 5, import rights applicants shall, when presenting their first application for a given quota year, furnish proof that they imported a quantity of at least 250 tonnes of products covered by Annex I Part XX to Regulation (EC) No 1234/2007 or preparations of CN code 0210 99 39 during each of the two periods referred to in Article 5 of Regulation (EC) No 1301/2006.

Licence applications shall mention only one of the order-numbers indicated in Annex I to this Regulation.

2. By way of derogation from Article 5 of Regulation (EC) No 1301/2006 and from the first sub-paragraph of paragraph 1 of this Article, import licences applicants may, when presenting their first application as regards a given quota period furnish proof that they processed, during each of the two periods referred to in Article 5 of Regulation (EC) No 1301/2006, at least 1 000 tonnes of poultrymeat of CN codes 0207 or 0210 to produce preparations of poultrymeat of CN code 1602 covered by Regulation (EC) No 1234/2007 or homogenised preparations of CN code 1602 10 00 containing no other meat than poultrymeat.

For the purposes of this paragraph, a “processor” shall be any person entered on the national VAT register of the Member State in which he is established, who provides proof of processing activity, in the form of any commercial document, to the satisfaction of the Member State concerned.

3. A company formed by a merger of companies each having imported reference quantities may use those reference quantities as basis for its applications.

4. By way of derogation from Article 6(1) of Regulation (EC) No 1301/2006, as regards Groups Nos 3, 6 and 8, each applicant may lodge more than one application for import licences for products in one group where such products originate in more than one country. Separate applications for each country of origin must be submitted simultaneously to the competent authority of a Member State. They shall be regarded as a single application, for the purposes of the maximum quantity referred to in paragraph 5 of this Article.

5. For groups other than Group No 5, licence applications must be for a minimum of 100 tonnes and a maximum of 10 % of the quantity available for the quota concerned in the period or subperiod in question.

However:

(a) for Groups Nos 2 and 3, the maximum quantity for licence or import rights applications shall be 5 % of the quantity available for the quota concerned in the period or subperiod in question;

(b) for Groups Nos 3, 6 and 8 the minimum quantity for licence applications shall be reduced to 10 tonnes.

For Group No 5 import rights applications must be for a minimum of 100 tonnes and a maximum of 10 % of the quantity available for the quota concerned in the subperiod in question.

6. Except for Groups Nos 3, 6 and 8, licences carry an obligation to import from the country that is specified. For the groups concerned by this obligation, the country of origin shall be entered in box 8 of the application and of the licence itself, and the word “yes” shall be marked with a cross.

7. Box 20 of the licence application and the licence shall contain one of the entries given in Annex II, Part A.

Box 24 of the licences shall contain one of the entries listed in Annex II, Part B.

For Groups Nos 3 and 6 products, box 24 of the licence shall contain one of the entries given in Annex II, Part C.

For Group No 8 products, box 24 of the licence shall contain one of the entries given in Annex II, Part D.

Article 5

1. Applications for import rights for Group No 5 and for import licences for the other groups may be submitted only in the first seven days of the third month preceding each subperiod or, for Group No 3, in the first seven days of the third month preceding the quota period.

However, applications for import rights for Group No 5 for the subperiod commencing on 1 July 2011 may be submitted only in the first seven days of May 2011.

2. A security of EUR 50 per 100 kilograms shall be lodged at the time of submission of the licence application for groups other than Group No 5. However, for licence applications concerning Groups Nos 1, 4 and 7, the security shall be set at EUR 10 per 100 kilograms and for import rights applications for Group No 5 the security shall be set at EUR 6 per 100 kilograms.

3. Member States shall notify the Commission, by the 14th day of the month in which applications are submitted, of the total quantities in kilograms requested, broken down by group and origin.

4. Import rights shall be awarded and licences shall be issued from the 23rd day of the month in which applications are submitted and at the latest by the last day of that month. Import rights shall be valid from the first day of the subperiod for which the application has been lodged, and until 30 June of the same import period and they are not transferable.

5. For Group No 5, import licence applications may be lodged solely in the Member State where the applicant has applied and obtained the import rights. For this group, licences shall be issued on application by and in the name of the operator who has obtained the import rights.

For Group No 5 a security of EUR 75 per 100 kilograms shall be lodged by the operator at the issuing of the import licence. Each issuing of import licence shall result in a corresponding reduction of the import rights obtained and the security lodged for import rights in accordance with paragraph 2 shall be released proportionally without delay.

6. Import licences applications shall cover the total quantity of import rights allocated. This obligation shall constitute a primary requirement within the meaning of Article 20(2) of Commission Regulation (EEC) No 2220/85(2).

Article 6

1. By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission:

(a) for all Groups except No 5 and not later than the 10th day of the month following the month in which applications were submitted, of the quantities covered by licences they have issued;

(b) for Group No 5 and not later than the 10th day of the month following each subperiod, of the quantities covered by licences they have issued during that subperiod.

2. Member States shall notify the Commission, by the end of the fourth month following the end of each annual period, of the quantities actually released for free circulation under this Regulation during the period concerned.

3. By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission of the quantities covered by unused or partially used import licences and corresponding to the difference between the quantities entered on the back of the import licences and the quantities for which they were issued:

(a) a first time together with the notifications referred to in Article 5(3) of this Regulation regarding the applications submitted for the last subperiod of the annual quota period;

(b) a second and last time by the end of the fourth month following the end of each annual period for quantities not yet notified at the time of the first notification provided for in point (a).

For Group No 3, the notification referred to in point (a) of the first subparagraph shall not apply.

4. The quantities covered by paragraphs 1 and 3 shall be expressed in kilograms and broken down by group. The quantities covered by paragraph 2 shall be expressed in kilograms and broken down by group and origin.’;

3.

in Article 7, paragraph 1 is amended as follows:

(a)

the second subparagraph is deleted;

(b)

the following subparagraph is added:

‘However, for Group No 5 licences shall be valid for 15 working days from the actual date of issuing of the licence, in accordance with Article 22(2) of Commission Regulation (EC) No 376/2008(3). Import rights shall be valid from the first day of the subperiod for which the application has been lodged, and until 30 June of the same quota period.’.

(1)

OJ L 299, 16.11.2007, p. 1.

(2)

OJ L 205, 3.8.1985, p. 5.’;

(3)

OJ L 114, 26.4.2008, p. 3.’.