Commission Implementing Regulation (EU) No 157/2012

of 22 February 2012

amending and derogating from Regulation (EC) No 2535/2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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, and in particular Article 144(1) and Article 148(c), in conjunction with Article 4 thereof,

Whereas:

(1)
The Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products reached on the basis of Article 19 of the Agreement on the European Economic Area, as approved by Council Decision 2011/818/EU2, provides for an increase in the annual duty free tariff quota and an extension to all types of cheeses originating in Norway as from 1 January 2012. Those changes need to be reflected in Articles 5 and 19 of Commission Regulation (EC) No 2535/20013 and in Part H of Annex I to that Regulation.
(2)

Whilst the current quota is managed on the basis of a yearly period running from July to June, the increased quota will be managed on a calendar year basis. By way of derogation from Article 6 of Regulation (EC) No 2535/2001, which provides for division into two equal parts for 6-month periods, the available quantity for 2012 should take account of the quantity of 2 000 tonnes already made available in 2011 for the first half of 2012. Consequently, only a quantity of 1 600 tonnes should be available for the subperiod which, for organisational reasons, is to start on 1 March 2012. However, this Regulation should be without prejudice to the quantity of 2 000 tonnes already made available for the period from 1 January to 30 June 2012.

(3)
Since the period for lodging import licence applications for the first half of 2012, as provided for in Article 14(1)(a) of Regulation (EC) No 2535/2001, has expired, provision should be made for a new period for submitting import licence applications and for a derogation from that Article in relation to the quantity of 1 600 tonnes for the subperiod March-June 2012. In order to avoid that applicants who already lodged applications in November 2011 for the quantity of 2 000 tonnes would be excluded from the new submission period, it is appropriate to provide for a derogation from Article 6(1) of 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 licences4.
(4)

Article 11(1) of Regulation (EC) No 1301/2006 provides for the notification of the quantities covered by import licences within 2 months of expiry of the validity of the licences in question. However, for purposes of good management, it is necessary for the Commission to have this information at an earlier stage. An appropriate notification obligation should therefore be provided for in Article 16 of Regulation (EC) No 2535/2001.

(5)

Regulation (EC) No 2535/2001 should therefore be amended accordingly.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION: