COMMISSION IMPLEMENTING REGULATION (EU) No 302/2013
of 27 March 2013
amending Regulation (EC) No 616/2007 opening and providing for the administration of Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries
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 Articles 144(1) and 148, in conjunction with Article 4 thereof,
Whereas:
(1)
Commission Regulation (EC) No 616/2007 (2) provides for the administration of tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries.
(2)
The minimum and maximum quantities applicable to applications for import rights and import licences should be amended and harmonised in order to avoid inconsistencies.
(3)
With the view of improving and harmonising the management of the quotas, the security for certain quotas and the validity of the import licences should be adjusted and the import licences for certain groups should not be transferable.
(4)
It should be specified in the Annex that the allocation of certain quotas for other countries should, in some cases, include also either Brazil or Thailand.
(5)
Regulation (EC) No 616/2007 should therefore be amended accordingly.
(6)
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 616/2007 is amended as follows:
(1)
Article 4 is amended as follows:
(a)
paragraph 5 is replaced by the following:
‘5. Each application for an import licence or import right must respect the requirement for a minimum quantity in tonnes as well the requirement for a maximum percentage of the quantity available for the quota period or subperiod concerned. These requirements for each separate quota are laid down in Annex I.’;
(b)
paragraph 7 is replaced by the following:
‘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 6A, and for 6B quota with order number 09.4262, box 24 of the licence shall contain one of the entries given in Annex II, Part C.
For Group No 8 and for 6B quota with order number 09.4261, box 24 of the licence shall contain one of the entries given in Annex II, Part D.
For Group 6B quotas with order numbers 09.4263, 09.4264 and 09.4265, box 24 of the licence shall contain one of the entries given in Annex II, Part E.’;
(2)
in Article 5, paragraph 2 is replaced by the following:
‘2. A security of EUR 50 per 100 kilograms shall be lodged at the time of submission of the licence application for Groups Nos 2, 3, 6A, 6B and 8. For Groups Nos 1, 4A, 4B and 7, the security shall be set at EUR 10 per 100 kilograms and for import rights applications for Groups Nos 5A and 5B the security shall be set at EUR 35 per 100 kilograms.’;
(3)
Article 7 is replaced by the following:
‘Article 7
1. By way of derogation from Article 22 of Commission Regulation (EC) No 376/2008 (3), the import licences and import rights shall be valid from the first day of the quota period or subperiod for which the application was lodged, and until 30 June of the same quota period.
However, for Groups Nos 5A and 5B licences shall be valid for 15 working days from the actual date of issuing of the licence, in accordance with Article 22(2) of Regulation (EC) No 376/2008.
2. By way of derogation from Article 8(1) of Regulation (EC) No 376/2008, the rights deriving from licences for groups other than Groups Nos 5A and 5B are not transferable.
3. Without prejudice to Article 8(1) of Regulation (EC) No 376/2008, the rights deriving from the licences for Group Nos 5A and 5B may be transferred only to transferees satisfying the eligibility conditions set out in Article 5 of Regulation (EC) No 1301/2006 and Article 4(1) and (2) of this Regulation.
(4)
Annex I is replaced by the text set out in the Annex I to this Regulation;
(5)
Annex II to this Regulation is added as Part E to Annex II.
Article 2
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 the Member States.
Done at Brussels, 27 March 2013.