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            COMMISSION REGULATION (EC) No 1232/2006

of 16 August 2006         

opening and providing for the administration of an import tariff quota of poultrymeat allocated to the United States of America

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 (1), and in particular Article 3(2), Article 6(1) and Article 15 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The import tariff quota provided for in Annex I shall be opened annually for the products and under the conditions laid down therein.

Article 2

The tariff quota referred to in Article 1 shall be staggered as follows:

Article 3

All imports into the Community under the tariff quota referred to in Article 1 shall be subject to the presentation of an import licence.

Article 4

The import licences provided for in Article 3 shall be subject to the following rules:

Notwithstanding point (a) of the first paragraph, retail and catering establishments selling their products to final consumers shall be excluded from the regime.

Article 5

1.   Licence applications shall be lodged during the first seven days of the month preceding each period as specified in Article 2.

However, for the period from 1 July 2006 to 30 September 2006 licence applications shall be lodged during the first 15 days following the entry into force of this Regulation and for the period from 1 January 2007 to 31 March 2007 licence applications shall be lodged during the first 15 days of January 2007.

2.   Licence applications must be submitted to the competent authority of the Member State in which the applicant is established or has set up his registered office.

Applications shall only be admissible where the applicant declares in writing that he has not submitted and undertakes not to submit any other applications, in respect of the same period, concerning products of the group set out in Annex I.

Where an applicant submits more than one application all applications from that applicant shall be inadmissible.

3.   A security of EUR 50 per 100 kilograms shall be lodged for import licence applications for all products set out in Annex I.

4.   Member States shall notify the Commission, on the fifth working day following the end of the application submission period provided for in paragraph 1, of applications lodged for each of the products concerned. Such notification shall include a list of applicants and a statement of the quantities applied for by product.

All notifications, including ‘nil’ notifications, shall be made by electronic means on the working day provided for in the first subparagraph, using the model set out in Annex IV in cases where no applications have been submitted and the models set out in Annexes IV and V in cases where applications have been submitted.

5.   The Commission shall decide as quickly as possible to what extent quantities may be awarded in respect of the applications referred to in Article 4.

If the quantities in respect of which licences have been applied for exceed the quantities available, the Commission shall fix an allocation coefficient as a percentage of quantities applied for.

6.   Operators may withdraw their licence applications within 10 working days following publication of the allocation coefficient in the Official Journal of the European Union where application of that rate results in the fixing of a quantity less than 20 tonnes. Member States shall inform the Commission thereof within five days following the withdrawal of the licence application and shall release the security immediately.

7.   The Commission shall calculate the quantity remaining, which shall be added to the quantity available in respect of the following quarter for the same period of the quota.

8.   Licences shall be issued as quickly as possible after the Commission has taken its decision.

9.   Licences may only be used for products complying with all the veterinary requirements in force in the Community.

10.   Member States shall notify the Commission, before the end of the fourth month following each annual period, of the total volume of products, specified by CN code, entered into free circulation under this Regulation during that period.

All notifications, including ‘nil’ notifications, shall be made using the model set out in Annex VI.

Article 6

1.   For the purposes of Article 23(2) of Regulation (EC) No 1291/2000, import licences shall be valid for a period of 150 days from the date of actual issue.

However, licences shall not be valid beyond the end of the last period of the year referred to in Article 2 for which a licence has been issued.

2.   Import licences issued pursuant to this Regulation shall not be transferable.

Article 7

Access to the tariff quota shall be conditional on presentation of a certificate of origin issued by the competent authorities of the United States of America in accordance with Articles 55 to 65 of Commission Regulation (EEC) No 2454/93 (5). The origin of the products covered by this Regulation shall be determined in accordance with the provisions in force in the Community.

Article 8

Regulation (EC) No 1291/2000 shall apply, save as otherwise provided in this Regulation.

By way of derogation from Article 8(4) of Regulation (EC) No 1291/2000, the quantity imported under this Regulation may not exceed that shown in sections 17 and 18 of the import licence. The figure ‘0’ shall accordingly be entered in section 19 of the licence.

Article 9

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2006.

However, Article 5 shall apply from the date of entry into force of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 August 2006.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1).

(2)OJ L 124, 11.5.2006, p. 15.

(3)OJ L 124, 11.5.2006, p. 13.

(4)OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

(5)OJ L 253, 11.10.1993, p. 1.

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ANNEX I

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ANNEX II

Entries referred to in point (e) of the first paragraph of Article 4

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ANNEX III

Entries referred to in point (f) of the first paragraph of Article 4

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ANNEX IV

Application of Regulation (EC) No 1232/2006

Commission of the European Communities — DG Agriculture and Rural Development

Unit D.2 — Implementation of market measures

Poultrymeat sector

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ANNEX V

Application of Regulation (EC) No 1232/2006

Commission of the European Communities — DG Agriculture and Rural Development

Unit D.2 — Implementation of market measures

Poultrymeat sector

Member State:

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ANNEX VI

Application of Regulation (EC) No 1232/2006

Commission of the European Communities — DG Agriculture and Rural Development

Unit D.2 — Implementation of market measures

Poultrymeat sector

NOTIFICATION CONCERNING ACTUAL IMPORTS

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