Commission Implementing Regulation (EU) 2015/2076
of 18 November 2015
opening and providing for the administration of Union import tariff quotas for fresh and frozen pigmeat originating in Ukraine
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
The Agreement will be provisionally applied as of 1 January 2016. It is therefore necessary to open annual import tariff quota periods from 1 January 2016 onwards. In order to give due weight to the supply requirements of the existing and emerging production, processing and consumption market in the Union pigmeat sector in terms of competitiveness, certainty and continuity of supply and the need to safeguard the equilibrium of that market, it is appropriate that those quotas are administered by the Commission in accordance with Article 184(2)(b) of Regulation (EU) No 1308/2013.
Furthermore, the provisions of Regulation (EC) No 1301/2006 which concern applications for import rights, the status of applicants and the issue of import licences, should apply to import licences issued pursuant to this Regulation, without prejudice to additional conditions laid down in this Regulation.
For appropriate administration of the tariff quotas, a security should be lodged at the time of submission of an import rights application and at the time of issue of an import licence.
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1Opening and management of tariffs quotas
1.
This Regulation opens and manages, from 2016, annual import tariff quotas for the products indicated in Annex I, for the period from 1 January until 31 December.
2.
The quantity of products covered by the quotas referred to in paragraph 1, the applicable rate of customs duty and the order numbers shall be as set out in Annex I.
3.
The import tariff quota referred to in paragraph 1 shall be managed in accordance with the method referred to in Article 184(2)(b) of Regulation (EU) No 1308/2013 and by attributing import rights as a first step and issuing import licences as a second step.
4.
Regulations (EC) No 1301/2006 and (EC) No 376/2008 shall apply, unless otherwise provided for in this Regulation.
Article 2Import tariff quota periods
The quantity of the products set for the annual import tariff quota for each order number set out in Annex I shall be subdivided into four subperiods, as follows:
- (a)
25 % from 1 January to 31 March;
- (b)
25 % from 1 April to 30 June;
- (c)
25 % from 1 July to 30 September;
- (d)
25 % from 1 October to 31 December.
Article 3Import rights applications and allocation of import rights
1.
Applications for import rights shall be submitted in the first 7 days of the month preceding each of the subperiods referred to in Article 2.
2.
A security of EUR 20 per 100 kilograms shall be lodged at the time of submission of an import rights application.
3.
Applicants for import rights shall, when presenting their first application for a given quota year, submit the proof that a quantity of pigmeat products falling under CN codes 0203 has been imported by them or on their behalf under the relevant customs provisions (‘the reference quantity’). Such proof shall relate to the 12 months' period ending 1 month before their first application. A company formed by the merger of companies, each having an imported reference quantity, may combine those reference quantities as a basis for its application.
4.
The total quantity of products covered by an application for import rights submitted in one of the subperiods referred to in Article 2 shall not exceed 25 % of the applicant's reference quantity. A competent authority shall reject applications not complying with this rule.
5.
Member States shall notify the Commission, by the 14th day of the month in which applications are submitted, of the total quantities, including nil returns, of all applications, expressed in kilograms of product weight and broken down by order number.
6.
Import rights shall be awarded as from the 23rd day of the month in which applications are submitted and at the latest by the last day of that month.
7.
Where the application of the allocation coefficient referred to in Article 7(2) of Regulation (EC) No 1301/2006 results in fewer import rights to be allocated than had been applied for, the security lodged in accordance with Article 3(2) of this Regulation shall be released proportionally without delay.
8.
Import rights shall be valid from the first day of the subperiod for which the application has been submitted until 31 December of each import tariff quota period. Import rights shall not be transferable.
Article 4Import licence applications and allocation of import licences
1.
The release into free circulation of the quantities awarded under the import tariff quotas referred to in Article 1(1) shall be subject to the presentation of an import licence.
2.
Import licence applications shall cover the total quantity of import rights allocated. The obligation referred to in Article 23(1) of Delegated Regulation (EU) No 907/2014 shall be respected.
3.
Import licence applications shall be submitted only in the Member State where the applicant has applied for and obtained import rights under the quotas referred to in Article 1(1).
4.
A security of EUR 50 per 100 kilograms shall be lodged by the operator at the time of submission of the import licence application. Each issue of an import licence shall result in a corresponding reduction of the import rights obtained and the security lodged for import rights shall be released proportionally without delay.
5.
Import licences shall be issued upon application by and in the name of the operator who has obtained the import rights.
6.
Import licence applications shall refer to only one order number. They may concern several products covered by different CN codes. In that case, all the CN codes and their descriptions shall be entered in boxes 15 and 16 of the licence application and the licence respectively.
7.
Import licence applications and import licences shall contain:
(a)
in box 8, the name ‘Ukraine’ as country of origin and box ‘yes’ marked by a cross;
(b)
in box 20, one of the entries listed in Annex II.
8.
Each import licence shall mention the quantity for each CN code.
9.
An import licence shall be valid for 30 days from the actual day of issue of the licence within the meaning of Article 22(2) of Regulation (EC) No 376/2008. The term of validity of the import licence shall, however, expire on 31 December of each import tariff quota period at the latest.
Article 5Notifications to the Commission
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 not later than the 10th day of the month following the last day of each subperiod, of the quantities, including nil returns, covered by licences they have issued during that subperiod.
2.
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, including nil returns, 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)
together with the notifications referred to in Article 3(5) of this Regulation regarding the applications submitted for the last subperiod;
(b)
for quantities not yet notified at the time of the first notification provided for in point (a), by 30 April following the end of each import tariff quota period at the latest.
3.
No later than 30 April following the end of each import tariff quota period, Member States shall notify the Commission of the quantities of products, which were actually released into free circulation during that quota period.
4.
In the case of the notifications referred to in paragraphs 1, 2 and 3, the quantity shall be expressed in kilograms of product weight and broken down by order number.
Article 6
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 November 2015.
For the Commission
The President
Jean-Claude Juncker
ANNEX I
Notwithstanding the rules on the interpretation of the Combined Nomenclature, the wording of the description of products shall be regarded as merely indicative, since the applicability of the preferential arrangements is determined, within the context of this Annex, by the scope of the CN codes.
Order number | CN codes | Description of goods | Quantity in tonnes (net weight) | Duty applicable(EUR/t) |
|---|---|---|---|---|
09.4271 | 0203 11 10 0203 12 11 0203 12 19 0203 19 11 0203 19 13 0203 19 15 0203 19 55 0203 19 59 0203 21 10 0203 22 11 0203 22 19 0203 29 11 0203 29 13 0203 29 15 0203 29 55 0203 29 59 | Meat of domestic swine, fresh, chilled or frozen | 20 000 | 0 |
09.4272 | 0203 11 10 0203 12 19 0203 19 11 0203 19 15 0203 19 59 0203 21 10 0203 22 19 0203 29 11 0203 29 15 0203 29 59 | Meat of domestic swine, fresh, chilled or frozen, excluding hams, loins and boneless cuts | 20 000 | 0 |
ANNEX IIEntries referred to in Article 4(7)(b)
In Bulgarian: Регламент за изпълнение (ЕС) 2015/2076
In Spanish: Reglamento de Ejecución (UE) 2015/2076
In Czech: Prováděcí nařízení (EU) 2015/2076
In Danish: Gennemførelsesforordning (EU) 2015/2076
In German: Durchführungsverordnung (EU) 2015/2076
In Estonian: Rakendusmäärus (EL) 2015/2076
In Greek: Εκτελεστικός κανονισμός (ΕΕ) 2015/2076
In English: Implementing Regulation (EU) 2015/2076
In French: Règlement d'exécution (UE) 2015/2076
In Croatian: Provedbena uredba (EU) 2015/2076
In Italian: Regolamento di esecuzione (UE) 2015/2076
In Latvian: Īstenošanas regula (ES) 2015/2076
In Lithuanian: Įgyvendinimo reglamentas (ES) 2015/2076
In Hungarian: (EU) 2015/2076 végrehajtási rendelet
In Maltese: Regolament ta' Implimentazzjoni (UE) 2015/2076
In Dutch: Uitvoeringsverordening (EU) 2015/2076
In Polish: Rozporządzenie wykonawcze (UE) 2015/2076
In Portuguese: Regulamento de Execução (UE) 2015/2076
In Romanian: Regulamentul de punere în aplicare (UE) 2015/2076
In Slovak: Vykonávacie nariadenie (EÚ) 2015/2076
In Slovene: Izvedbena uredba (EU) 2015/2076
In Finnish: Täytäntöönpanoasetus (EU) 2015/2076
In Swedish: Genomförandeförordning (EU) 2015/2076