Commission Regulation (EC) No 1233/2006 of 16 August 2006 opening and providing for the administration of an import tariff quota of pigmeat allocated to the United States of America
Date: 2006-08-16
Institutions: European Commission
Subjects: United States, import, import licence, originating product, pigmeat, tariff quota

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Official Journal of the European Union

17.8.2006

COMMISSION REGULATION (EC) No 1233/2006

of 16 August 2006

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 2759/75 of 29
October 1975 on the common organisation of the market in
pigmeat (1), and in particular Article 8(2), Article 11(1) and the
second paragraph of Article 22 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

The Agreement in the form of an Exchange of Letters
between the European Community and the United States
of America pursuant to Article XXIV:6 and Article XXVIII
of the General Agreement on Tariffs and Trade (GATT)
1994 (2), approved by Council Decision 2006/333/EC (3),
provides for the incorporation of a country allocated (US)
import tariff rate quota of 4 722 tonnes of pigmeat.

In order to ensure regular imports,
products covered by the import
staggered over the period from 1 July to 30 June.

the quantities of
regime should be

licences. To that end, detailed rules for

The administration of the tariff quota should be based on
import
the
submission of applications and the information which
must appear in applications and licences should be laid
down. Commission Regulation (EC) No 1291/2000 of 9
June 2000 laying down common detailed rules for the
application of the system of import and export licences
and advance fixing certificates for agricultural products (4)
should apply, save as otherwise provided in this Regu-
lation.

In view of
the possible accession of Bulgaria and
Romania to the European Union as from 1 January
2007,
it is advisable to provide for a different period
for lodging the licence applications for the first quarter
of the year 2007.

In order to ensure proper administration of the tariff
quota,
the
system should be set at EUR 20 per 100 kilograms. In

licences under

security for

import

the

(1) OJ L 282, 1.11.1975, p. 1. Regulation as last amended by Regu-

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(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 Regu-

lation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

(6)

(7)

(8)

(9)

(10)

(11)

view of the likelihood of speculation inherent in the
system in the pigmeat sector, clear conditions should
be laid down as regards access by operators.

Provision should be made for the licences to be issued
after a period for consideration and, where necessary, an
allocation coefficient should be applied to determine the
quantity awarded in respect of each application.

In the interests of the operators, provision should be
made for the withdrawal of applications after the fixing
of the coefficient to be applied.

The attention of operators should be drawn to the fact
that
licences may only be used for products which
comply with all the veterinary requirements in force in
the Community.

To ensure proper management of the import regimes, the
Commission needs precise information from the Member
States on the quantities actually imported. For the sake of
clarity it is necessary to use a single model for commu-
nicating the quantities between Member States and the
Commission.

By way of derogation from Regulation (EC) No
1291/2000 and in order to assure that the imported
quantity does not
this
regime,
the tolerance provided for in Article 8(4) of
that Regulation should not apply.

exceed the quantity under

For the period from 1 July 2006 to 30 September 2006
the operators have to introduce the licence applications
during the first 15 days following the date of entry into
force of
is therefore advisable to
It
provide for the entering into force of this Regulation
on the date of its publication in the Official Journal of
the European Union.

this Regulation.

(12)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Pigmeat,

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.

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Article 2

The tariff quota provided for in Annex I shall be staggered as
follows:

Notwithstanding point
catering
consumers shall be excluded from the regime.

establishments

the first paragraph, retail and
final
products

selling

(a) of

their

to

— 25 % in the period from 1 July to 30 September;

— 25 % in the period from 1 October to 31 December;

Article 5

Licence applications shall be lodged during the first seven
the month preceding each period as specified in

1.
days of
Article 2.

— 25 % in the period from 1 January to 31 March;

— 25 % in the period from 1 April to 30 June.

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 for the tariff quota provided for in Annex I
shall be subject to the following provisions:

(a) applicants for import

licences must be natural or legal
persons who, at the time applications are submitted, can
prove to the satisfaction of the competent authorities in
the Member States that they have been engaged in trade
with third countries in pigmeat products for at least the
preceding 12 months;

(b) licence applications may refer to only the order number set
out in Annex I and may involve several products covered by
different CN codes and originating in the United States of
America; in such cases, all the CN codes shall be indicated
in section 16 and their descriptions in section 15;

(c)

for the order number, licence applications must relate to at
least 20 tonnes and to a maximum of 20 % of the quantity
available for the period as specified in Article 2;

(d) section 8 of licence applications and licences shall indicate
the country of origin and the box indicating ‘yes’ shall be
ticked to indicate that this indication is compulsory;

(e) section 20 of licence applications and licences shall show

one of the entries listed in Annex II;

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 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, for products in the order number fixed in
Annex I
in the Member State in which his application is
submitted or in any other Member State.

Where an applicant submits more than one application relating
to products in the order number fixed in Annex I, all appli-
cations from that applicant shall be inadmissible

A security of EUR 20 per 100 kilograms shall be lodged
in

licence applications for all products set out

3.
for import
Annex I.

4. Member States shall notify the Commission, on the third
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 notifications 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 appli-
cations referred to in Article 4.

(f)

section 24 of licences shall show one of the entries listed in
Annex III.

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 acceptance of the quan-
tities applied for.

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the
In the case where the percentage is
Commission may refuse all applications and the corresponding
security shall be released immediately.

than 5 %,

less

Operators may withdraw their licence applications within
6.
10 working days following publication of the allocation coef-
ficient in the Official Journal of the European Union where appli-
cation of that rate results in the fixing of a quantity of less than
20 tonnes for the order number. Member States shall inform
the Commission thereof within five days following the with-
drawal of the licence application and shall release the security
immediately.

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

Licences shall be issued as quickly as possible after the

8.
Commission has taken its decision.

Licences may only be used for products complying with

9.
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,
using the model set out in Annex VI.

including ‘nil’ notifications, shall be made

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.

Import licences issued pursuant to this Regulation shall

2.
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 (1). 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 publi-
cation in the Official Journal of the European Union.

Article 6

It shall apply from 1 July 2006.

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, 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

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

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ANNEX I

Order No

CN codes

Product description

Applicable duty

Total quantity in tonnes product
weight from 1 July 2006

09.4170

ex 0203 19 55
ex 0203 29 55

Boned loins and
hams, fresh, chilled
or frozen

250 EUR/t

4 722

ANNEX II

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

— in Spanish:

Reglamento (CE) no 1233/2006

— in Czech:

Nařízení (ES) č. 1233/2006

— in Danish:

Forordning (EF) nr. 1233/2006

— in German:

Verordnung (EG) Nr. 1233/2006

— in Estonian:

Määrus (EÜ) nr 1233/2006

— in Greek:

Κανονισμός (ΕΚ) αριθ. 1233/2006

— in English:

Regulation (EC) No 1233/2006

— in French:

Règlement (CE) no 1233/2006

— in Italian:

Regolamento (CE) n. 1233/2006

— in Latvian:

Regula (EK) Nr. 1233/2006

— in Lithuanian: Reglamentas (EB) Nr. 1233/2006

— in Hungarian: 1233/2006/EK rendelet

— in Maltese:

Regolament (KE) Nru 1233/2006

— in Dutch:

Verordening (EG) nr. 1233/2006

— in Polish:

Rozporządzenie (WE) nr 1233/2006

— in Portuguese: Regulamento (CE) n.o 1233/2006

— in Slovak:

Nariadenie (ES) č. 1233/2006

— in Slovene:

Uredba (ES) št. 1233/2006

— in Finnish:

Asetus (EY) N:o 1233/2006

— in Swedish:

Förordning (EG) nr 1233/2006

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ANNEX III

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

— in Spanish:

Reducción de los derechos del AAC en virtud del Reglamento (CE) no 1233/2006

— in Czech:

SCS cla snížená podle nařízení (ES) č. 1233/2006

— in Danish:

— in German:

— in Estonian:

FTT-toldsats nedsat i henhold til forordning (EF) nr. 1233/2006

Ermäßigung des Zollsatzes nach dem GZT gemäß Verordnung (EG) Nr. 1233/2006

Ühise tollitariifistiku tollimakse vähendatakse vastavalt määrusele (EÜ) nr 1233/2006

— in Greek:

Μειωμένος δασμός του κοινού δασμολογίου, όπως προβλέπει ο κανονισμός (ΕΚ) αριθ. 1233/2006

— in English:

CCT duties reduced as provided for in Regulation (EC) No 1233/2006

— in French:

Droits du TDC réduits conformément au règlement (CE) no 1233/2006

— in Italian:

Dazi TDC ridotti secondo quanto previsto dal Regolamento (CE) n. 1233/2006

— in Latvian:

KMT nodoklis samazināts, kā noteikts Regulā (EK) Nr. 1233/2006

— in Lithuanian: BMT muitai sumažinti, kaip numatyta Reglamente (EB) Nr. 1233/2006

— in Hungarian: A közös vámtarifában meghatározott vámtételek csökkentése a 1233/2006/EK rendeletnek megfe-

lelően

— in Maltese:

— in Dutch:

Dazji TDK imnaqqsa kif previst fir-Regolament (KE) Nru 1233/2006

Invoer met verlaagd GDT-douanerecht overeenkomstig Verordening (EG) nr. 1233/2006

— in Polish:

Cła pobierane na podstawie WTC, obniżone, jak przewidziano w rozporządzeniu (WE) nr 1233/2006

— in Portuguese: Direitos PAC reduzidos em conformidade com o Regulamento (CE) n.o 1233/2006

— in Slovak:

Clo SCS znížené podľa ustanovení nariadenia (ES) č. 1233/2006

— in Slovene:

Carine SCT, znižane, kakor določa Uredba (ES) št. 1233/2006

— in Finnish:

— in Swedish:

Yhteisen tullitariffin mukaiset tullit alennettu asetuksen (EY) N:o 1233/2006 mukaisesti

Tullar enligt gemensamma tulltaxan skall nedsättas i enlighet med förordning (EG) nr 1233/2006

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ANNEX IV

Application of Regulation (EC) No 1233/2006

Commission of the European Communities — DG Agriculture and Rural Development
Unit D.2 — Implementation of market measures

Pigmeat sector

Application for import licences at reduced rate of duty

Date:

Period:

USA

Member State:
Sender:
Responsible contact person:
Tel.:
Fax:

Addresse: AGRI.D.2
Fax: (32-2) 292 17 39
E-mail: AGRI-IMP-PORK@ec.europa.eu

Order No

Quantity applied for
(kg product weight)

09.4170

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ANNEX V

Application of Regulation (EC) No 1233/2006

Commission of the European Communities — DG Agriculture and Rural Development
Unit D.2 — Implementation of market measures

Pigmeat sector

Application for import licences at reduced rate of duty

Date:

Period:

USA

Member State:

Order No

CN code

Applicant
(name and address)

Quantity applied for
(kg product weight)

09.4170

ANNEX VI

Application of Regulation (EC) No 1233/2006

Commission of the European Communities — DG Agriculture and Rural Development
Unit D.2 — Implementation of market measures

Pigmeat sector

NOTIFICATION CONCERNING ACTUAL IMPORTS

Member States: ............................................................................................................................................................
Application of Article 4(8) of Regulation (EC) No 1233/2006
Quantity of products (in kg product weight) actually imported:

Addressee: AGRI.D.2
Fax: (32-2) 292 17 41
E-mail: AGRI-IMP-PORK@ec.europa.eu

Order No

Quantity actually entered into free circulation

Country of origin

09.4170

USA