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 licences
Date: 2006-08-31
Institutions: European Commission
Subjects: agricultural product, common organisation of markets, import licence, management, tariff quota

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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 licences

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1784/2003 of 29
September 2003 on the common organisation of the market in
cereals (1), and in particular Articles 9(2) and 12(1) thereof, and
the other Regulations on the
the corresponding articles of
common organisation of the markets in agricultural products,

Whereas:

(1)

(2)

(3)

The Community has undertaken to open import tariff
quotas for certain agricultural products. In some cases
imports of products under such import tariff quotas are
subject to an import licensing system.

Council Regulation (EC) No 3290/94 of 22 December
1994 on the adjustments and transitional arrangements
required in the agriculture sector in order to implement
the agreements concluded during the Uruguay Round of
trade negotiations (2), as well as various
multilateral
agreements concluded between the Community and
certain third countries and Council Decisions opening
import tariff quotas on an autonomous basis provide
for different management methods in respect of import
tariff quotas subject to an import licensing system.

In order to simplify and improve the effectiveness and
usefulness of the administration and control mechanisms,
common conditions should be laid down for the admin-
import tariff quotas subject to an import
istration of
licensing system and which have to be managed by a
method according to which licences are allocated in
proportion to the overall quantities requested (hereinafter
the ‘simultaneous examination method’), or a method of
to be issued by third
import based on documents
countries. Such provisions should also contain rules on
the submission of applications and licences which should
apply where necessary in addition to or by way of dero-
gation from certain provisions of Commission Regulation

(1) OJ L 270, 21.10.2003, p. 78. Regulation as

(EC) No 1154/2005 (OJ

amended by
L 187,

Commission Regulation
19.7.2005, p. 11).

(2) OJ L 349, 31.12.1994, p. 105. Regulation as last amended by

Regulation (EC) No 1340/98 (OJ L 184, 27.6.1998, p. 1).

(4)

(5)

(6)

(7)

(EC) No 1291/2000 of 9 June 2000 laying down
common detailed rules
the
for
licences and advance
import and export
system of
fixing certificates for agricultural products (3).

the application of

A single annual import quota period should be opened in
respect of all the import tariff quotas falling within the
scope of this Regulation. However, in some cases, there
may be a need to provide for subperiods within the
annual import quota period.

Experience shows that provisions need to be laid down
to deter inaccurate documents from being presented. A
suitable penalty system should therefore be established
and the cases where no penalties are to be applied
should be determined.

for

applies

Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation
of Council Regulation (EEC) No 2913/92 establishing
the Community Customs Code (4)
the
management of tariff measures. Pursuant to Article 1
of Council Regulation (EEC) No 2913/92 of 12
October 1992 establishing the Community Customs
Code (5), Regulation (EEC) No 2454/93 is applicable
without prejudice to specific provisions laid down in
other
the
for agricultural
management of
tariff quotas
products managed by a system of
licences.
import
However, the rules on Community surveillance as set
out in Article 308d of Regulation (EEC) No 2454/93
should apply to improve controls.

fields. Such specific provisions exist

import

for

the

regards

In that

in order

connection,

simultaneous

As
examination method,
detailed rules covering the submission of licence appli-
cations and the necessary information should be laid
to improve
down.
controls, provision should be made for applicants to be
able to submit not more than one import licence appli-
cation for the same quota order number in respect of a
given import tariff quota period or subperiod, as the case
may be. Moreover, such applications should be lodged
only in a Member State in which the applicant is estab-
lished and registered for VAT purposes.

(3) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1233/2006 (OJ L 225, 17.8.2006, p. 14).

(4) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 402/2006 (OJ L 70, 9.3.2006, p. 35).

(5) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu-
lation (EC) No 648/2005 of the European Parliament and of the
Council (OJ L 117, 4.5.2005, p. 13).

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(8)

(9)

if

import

licences
Provisions governing the issuing of
should be laid down. Licences should be issued after an
adequate period for evaluating the licence applications
submitted. However,
the quantities covered by the
licence applications exceed the quantities available for
the import
tariff quota period concerned, allocation
should be subject, where appropriate, to the application
of an allocation coefficient. After that coefficient has
been applied, the result may nevertheless need to be
adapted as regards the decimals in order to ensure that
the available quantity will not be exceeded.

the import

licences not

Provision should be made for the period of validity of
import licences to be fixed by the Commission Regu-
lations governing the import
tariff quota concerned.
However, experience shows that to ensure the best effi-
ciency of Community surveillance as set out in Article
308d of Regulation (EEC) No 2454/93, in the interest of
tariff quotas, provision
sound management of
import
to be valid
should be made for import
tariff quota period,
after the last day of
even if
that day is a Saturday, Sunday or public
holiday, by way of derogation from Article 3(4) of
Council Regulation (EEC, Euratom) No 1182/71 of 3
June 1971 determining the rules applicable to periods,
dates and time limits (1). If a titular holder or a transferee
of an import licence has been unable to use the licence
force majeure, he should only be
owing to a case of
entitled to apply to the
the
Member State of issue for the licence to be cancelled
and, by way of derogation from Article 41 of Regulation
(EC) No 1291/2000, not
to apply for the period of
validity of the licence to be extended after the last day
of the import tariff quota period.

competent body of

(10)

The rules applicable to the time limit within which proof
has to be furnished that licences have been used should
also be laid down.

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PRINCIPLES

Article 1

Scope and definition

to

prejudice

derogations

1. Without
in
Commission Regulations specific to certain quotas, this Regu-
lation lays down common rules for
the administration of
import tariff quotas managed by a system of import licences
and the management of which falls within the scope of the
common organisation of a market.

down

laid

This Regulation shall not apply to the import tariff quotas listed
in Annex I.

Commission Regulations governing a given import tariff
2.
quota managed by a system of
licences and the
management of which does not fall within the scope of the
common organisation of a market may provide that this Regu-
lation shall apply to that import tariff quota.

import

Regulation (EC) No 1291/2000 shall apply to import

3.
licences, save as otherwise provided for in this Regulation.

For the purposes of this Regulation,

‘import tariff quota’
4.
means a specified quantity of goods that can be imported
during a limited period subject to the total (total suspension)
or partial waiver (partial suspension) of
the normal duties
applicable.

Article 2

Import tariff quota period

(11)

For the sake of the sound management of import tariff
quotas,
the Commission should receive the relevant
information in good time.

Import tariff quotas shall be opened for a period of 12
tariff

1.
consecutive months, hereinafter referred to as ‘import
quota period’.

(12)

Common conditions based on documents issued by third
countries, such as export licences, should be established
for the management system.

The import tariff quota period may be divided into several

2.
subperiods.

Article 3

Penalties

(13)

The measures provided for in this Regulation are in
accordance with the opinion of
the management
committees concerned,

(1) OJ L 124, 8.6.1971, p. 1.

for

is found that a document presented by an
1. Where it
applicant
the rights deriving from
the attribution of
Commission Regulations governing a given import quota
provides with incorrect information and where the incorrect
information concerned is decisive for the attribution of that
right, the competent authorities of the Member State shall:

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(a) bar the applicant

from importing any goods under the
import tariff quota concerned for the entire import tariff
quota period during which the finding was made and;

Article 5

Applicants

(b) exclude the applicant from the licence application system
for the import tariff quota concerned during the following
import tariff quota period.

the applicant proves,

However, points (a) and (b) of the first subparagraph shall not
the
apply if
competent authority, that the situation referred to in the first
subparagraph is not due to his gross negligence or that it is due
to force majeure or to obvious error.

to the satisfaction of

Applicants shall submit, at the time of their first application for
a given import tariff quota period to the competent authorities
of the Member State in which they are established and in which
they are registered for VAT purposes the application referred to
in Article 6(1) accompanied by proof that at the time their
they have been engaged in trade
application is submitted,
with third countries
in products covered by the relevant
common market organisation:

— during the 12 month period immediately prior to the time

of that application, and

If an applicant presents an incorrect document as referred

2.
to in paragraph 1 deliberately, that applicant shall:

— during the 12 month period immediately prior to the 12

month period referred to in the first indent.

(a) be barred from importing any goods under the import tariff
quota concerned for the entire import tariff quota period
during which the finding was made and;

(b) be excluded from the licence application system for the
tariff quota concerned during the following two

import
import tariff quota periods.

3. Where imports have already been carried out prior to the
finding referred to in paragraphs 1 or 2, any undue financial
advantages resulting therefrom shall be recovered.

Subject to Article 6 of Council Regulation (EC, Euratom)
4.
No 2988/95 (1), the penalties referred to in paragraphs 1 and 2
this Article shall be without prejudice to any additional
of
penalties pursuant
to other provisions of Community or
national law.

Article 4

Surveillance of goods

Proof of trade with third countries shall be furnished exclusively
either by means of the customs documents of release for free
circulation, duly endorsed by the customs authorities and
containing a reference to the applicant concerned as being the
consignee, or by means of the customs document of expor-
tation duly endorsed by the customs authorities.

Customs agents or representatives shall not apply for import
licences under the quotas falling within the scope of this Regu-
lation.

CHAPTER II

SIMULTANEOUS EXAMINATION METHOD

Article 6

Import licence applications and import licences

Applicants for import licences shall not lodge more than
1.
the same quota order
one import
number
tariff quota period or
subperiod. Where an applicant lodges more than one appli-
cation, none of his applications shall be admissible.

licence application for
in respect of an import

At the request of the Commission, the Member States shall
the quantities of
forward to the Commission details of
tariff
products put
the import
into free circulation under
quotas during the months specified by the Commission,
in
accordance with Article 308d of Regulation (EEC) No 2454/93.

(1) OJ L 312, 23.12.1995, p. 1.

In accordance with Article 15(2) of Regulation (EC) No
2.
1291/2000 a security shall be lodged. The security shall be
released in respect of quantities covered by applications for
which no licence could be issued further to the application of
the allocation coefficient referred to in Article 7(2) of this Regu-
lation.

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tariff quota,

3. Where this is deemed necessary for the management of a
given import
the Commission Regulations
governing that quota may provide for additional conditions.
They may,
the application of a
system according to which the quotas are managed by attri-
buting import
step and issuing import
licences as a second.

in particular, provide for

rights as a first

Paragraphs 1, 2 and 5 of this Article, Article 5, Article 7(1)
second subparagraph, Article 7(2) and (4) and Article 11(1)(a)
shall apply mutatis mutandis where a system of attribution of
import rights is applied.

4.
Box 20 of import licence applications and import licences
shall contain the import tariff quota order number referred to in
paragraph 1.

5.
An import licence application may not relate, by import
tariff quota period or subperiod, to a quantity exceeding the
quantity or, as the case may be,
fixed by the
Commission Regulations governing the import tariff quota for
that import tariff quota period or subperiod.

the limit

Import

6.
licence applications shall be lodged during a
period fixed by the Commission Regulations governing the
import tariff quota in question. That period may precede the
import tariff quota period or subperiod.

Quantities shall be indicated by weight, volume in whole
7.
units or pieces, not fractions thereof, on the import licence
applications.

Article 7

Issue of import licences

Import licences shall be issued within a specific period
1.
fixed by the Commission Regulations governing the import
tariff quota in question, subject to the measures adopted by
the Commission pursuant to paragraph 2.

The allocation coefficient shall be calculated as follows:

[(available quantity/requested quantity) × 100] %

Where applicable, the Commission shall adjust that coefficient
in order to ensure that the quantities available for the import
tariff quota period or subperiod may in no case be exceeded.

3.
Import licences shall be issued for the quantities covered
by licence applications, multiplied by the allocation coefficient
referred to in paragraph 2.

The amount resulting from the application of the allocation
coefficient shall be rounded down to the nearest unit.

4.
Quantities not allocated or not used during an import
tariff quota subperiod shall be determined on the basis of the
information provided by Member States in accordance with
Article 11. Such quantities shall automatically be added to the
following subperiod for redistribution.

However, no quantities shall be transferred to the following
import tariff quota period.

Article 8

Period of validity of import licences

Import licences issued in accordance with Article 7 shall be
valid for a period of validity fixed by the Commission Regu-
lations governing the import tariff quota concerned. In any case,
import licences shall not be valid after the last day of the
import
tariff quota period. Article 3(4) of Regulation (EEC)
No 1182/71 shall not apply.

Licences shall be issued for all
the applications lodged in
accordance with the relevant provisions and notified to the
Commission pursuant to Article 11(1)(a). Import licences shall
not be issued for quantities that had not been notified.

If the period of validity of an import licence ends on the last
day of the import tariff quota period concerned, one of the
endorsements listed in Annex II to this Regulation shall be
entered in box 24 of the import licence when it is issued.

2. Where the information notified by the Member States
pursuant to Article 11 indicates that the quantities covered by
licence applications exceed the quantities available for
the
import tariff quota period or subperiod, the Commission shall
fix an allocation coefficient, which the Member States shall
apply to the quantities covered by each licence application.

In the case referred to in the second paragraph of this Article,
by way of derogation from Article 41 of Regulation (EC) No
1291/2000, the period of validity of the licence shall not, in
any case, be extended after the last day of the import tariff
quota period.

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Article 9

Customs duty

The customs duty fixed by the Commission Regulations
governing the import tariff quota concerned shall be entered
in box 24 of the import licence using one of the model entries
listed in Annex III.

Article 10

Proof of utilisation of the licences

Article 35(6) of Regulation (EC) No 1291/2000 shall apply to
import licences falling within the scope of this Regulation.

Article 11

Notifications to the Commission

1. Member States shall notify the Commission:

(a) of the total quantities,

including nil returns, covered by
licence applications within a specific period fixed by the
import
Commission Regulations governing the relevant
tariff quota following the closing date for the submission
of applications;

(b) of the quantities, including nil returns, covered by import

licences they have issued;

(c) of the quantities, including nil returns, covered by unused or
partly 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.

The information referred to in points (b) and (c) shall be
notified at
the
period of validity of the licences in question.

the latest within two months of expiry of

to the Commission under

this
purposes of notifications
Article, where reference is made to working days
in a
Commission Regulation governing a given import tariff quota,
it shall be construed as a reference to working days for the
Commission within the meaning of Article 2 of Regulation
(EEC) No 1182/71.

CHAPTER III

MANAGEMENT METHOD BASED ON DOCUMENTS ISSUED BY
THIRD COUNTRIES

Article 12

General principles

Where an import tariff quota is administered using a method
based on a document issued by a third country, such document
shall be presented to the competent
the
Member State, together with the application for the import
licence to which that document relates. The original of the
document shall be kept by that competent body.

issuing body of

Article 13

Import licence applications, import licences and
notifications

Article 6(2), (3) and (4), Articles 8, 9 and 10, Article 11(1)(b)
and (c), Article 11(2), (3) and, where applicable, Article 11(1)(a)
shall apply mutatis mutandis where the management method
based on documents issued by third countries is applied.

CHAPTER IV

FINAL PROVISIONS

Article 14

Entry into force

2.
The notifications referred to in paragraph 1 shall be made
by electronic means using the form made available to the
Member States by the Commission.

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

3.
(Brussels time) at

Notifications, including nil returns, shall be sent by 13.00
the latest on the specified date. For the

It shall apply to import licences for import tariff quota periods
starting from 1 January 2007.

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

Done at Brussels, 31 August 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

— ‘ACP-India preferential sugar’ as referred to in Article 12 of Commission Regulation (EC) No 950/2006 of 28 June
2006 laying down detailed rules of application for the 2006/2007, 2007/2008 and 2008/2009 marketing years for
the import and refining of sugar products under certain tariff quotas and preferential agreements (1).

— Import tariff quotas falling within the scope of Commission Regulation (EC) No 1839/95 of 26 July 1995 laying
down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of
maize into Portugal (2).

— Import tariff quotas falling within the scope of Council Regulation (EC) No 1964/2005 of 29 November 2005 on the

tariff rates for bananas (3).

(1) OJ L 178, 1.7.2006, p. 1.
(2) OJ L 177, 28.7.1995, p. 4.
(3) OJ L 316, 2.12.2005, p. 1.

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ANNEX II

Endorsements referred to in Article 8

— in Spanish:

No es de aplicación el artículo 3, apartado 4, del Reglamento (CEE) no 1182/71

— in Czech:

Ustanovení čl. 3 odst. 4 nařízení (EHS) č. 1182/71 se nepoužije

— in Danish:

— in German:

— in Estonian:

Artikel 3, stk. 4, i forordning (EØF) nr. 1182/71 finder ikke anvendelse

Artikel 3 Absatz 4 der Verordnung (EWG) Nr. 1182/71 kommt nicht zur Anwendung

Määruse (EMÜ) nr 1182/71 artikli 3 lõiget 4 ei kohaldata

— in Greek:

Το άρθρο 3 παράγραφος 4 του κανονισμού (ΕOΚ) αριθ. 1182/71 δεν εφαρμόζεται

— in English:

Article 3(4) of Regulation (EEC) No 1182/71 shall not apply

— in French:

l’article 3, paragraphe 4, du règlement (CEE) no 1182/71 ne s’applique pas

— in Italian:

L'articolo 3, paragrafo 4, del regolamento (CEE) n. 1182/71 non si applica

— in Latvian:

Regulas (EEK) Nr. 1182/71 3. panta 4. punktu nepiemēro

— in Lithuanian:

Reglamento (EEB) Nr. 1182/71 3 straipsnio 4 dalis netaikoma

— in Hungarian:

Az 1182/71/EGK rendelet 3. cikkének (4) bekezdését nem kell alkalmazni

— in Maltese:

—

— in Dutch:

Artikel 3, lid 4, van Verordening (EEG) nr. 1182/71 is niet van toepassing

— in Polish:

Artykuł 3 ust. 4 rozporządzenia (EWG) nr 1182/71 nie ma zastosowania

— in Portuguese:

O n.o 4 do artigo 3.o do Regulamento (CEE) n.o 1182/71 não se aplica

— in Slovak:

Článok 3 ods. 4 nariadenia (EHS) č. 1182/71 sa neuplatňuje

— in Slovenian:

Člen 3(4) Uredbe (EGS) št. 1182/71 se ne uporablja

— in Finnish:

— in Swedish:

Asetuksen (ETY) N:o 1182/71 3 (4) artiklaa ei sovelleta

Artikel 3.4 i förordning (EEG) nr 1182/71 skall inte tillämpas

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ANNEX III

Entries referred to in Article 9

— in Spanish:

Derecho de aduana … — Reglamento (CE) no …/…

— in Czech:

Celní sazba … – nařízení (ES) č. …/…

— in Danish:

Toldsats … — forordning (EF) nr. …/…

— in German:

Zollsatz … — Verordnung (EG) Nr. …/…

— in Estonian:

Tollimaks … – määrus (EÜ) nr …/…

— in Greek:

Δασμός … — Κανονισμός (ΕΚ) αριθ. …/…

— in English:

Customs duty … — Regulation (EC) No …/…

— in French:

droit de douane: … — règlement (CE) no …/…

— in Italian:

Dazio: … — Regolamento (CE) n. …/…

— in Latvian:

Muitas nodoklis … – Regula (EK) Nr. …/…

— in Lithuanian: Muito mokestis … – Reglamentas (EB) Nr. …/…

— in Hungarian: Vámtétel: … – …/…/EK rendelet

— in Maltese:

—

— in Dutch:

Douanerecht: … — Verordening (EG) nr. …/…

— in Polish:

Stawka celna … – Rozporządzenie (WE) nr …/…

— in Portuguese: Direito aduaneiro: … — Regulamento (CE) n.o …/…

— in Slovak:

Clo … – nariadenie (ES) č. …/…

— in Slovenian:

Carina: … – Uredba (ES) št. …/…

— in Finnish:

Tulli … – Asetus (EY) N:o …/…

— in Swedish:

Tull … – Förordning (EG) nr …/…