Council Regulation (EC) No 717/2008 of 17 July 2008 establishing a Community procedure for administering quantitative quotas (Codified version)
Date: 2008-07-17
Institutions: Council of the European Union
Subjects: codification of EU law, common commercial policy, export, export licence, import, import licence, management, quantitative restriction

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 717/2008

of 17 July 2008

establishing a Community procedure for administering quantitative quotas

(Codified version)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 133 thereof,

establishing the European

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 520/94 of 7 March 1994
establishing a Community procedure for administering
quantitative quotas (1) has been substantially amended
several times (2). In the interests of clarity and rationality
the said Regulation should be codified.

the Treaty,

Under Article 14 of
comprises,
internal
goods, persons, services and capital is ensured.

the internal market
since 1 January 1993, an area without
free movement of

in which the

frontiers

A system for administering quantitative quotas should
therefore be established in line with that objective and
based on the principle of a uniform common commercial
policy, in accordance with the guidelines laid down by
the Court of Justice of the European Communities.

(1) OJ L 66, 10.3.1994, p. 1. Regulation as last amended by Regulation

(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) See Annex I.

(4)

(5)

(6)

(7)

(8)

There should be a choice between several allocation
methods, depending on criteria such as the situation of
the Community market, the type of product concerned,
specific characteristics of the supplier countries and the
Community’s international obligations, particularly those
which undertake to allow for traditional trade flows.

Flexibility should be allowed in the redistribution of the
that are not allocated, assigned or used.
quantities
However,
to avoid possible excessive accumulation of
imports, the question of whether such a redistribution
after the end of the quota period is appropriate should
be examined on a case-by-case basis and the relevant
arrangements decided on, notably with regard to the
period of validity of licences, taking into account the
type of product in question and the purpose for which
the quotas concerned were introduced.

The administration of import and export quotas should
be based on a system of licences issued by the Member
States in line with quantitative criteria established at
Community level.

The administrative procedure should ensure that all
applicants
the
access
documents issued should be such that they can be used
throughout the Community.

quotas,

have

and

fair

to

If unused quantities are to be redistributed as efficiently
as possible, reliable and full information is needed on the
actual use made of
licences issued. For that
purpose, all
import licences, whether used or unused,
should have to be returned to the competent national
authorities within 10 working days of their expiry date at
the latest.

import

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(9)

(10)

(11)

The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1).

The provisions of this Regulation and those governing its
implementation should not prejudice existing national
and Community rules concerning professional secrecy.

The allocation method to be used shall be determined in

3.
accordance with the procedure referred to in Article 22(2).

If it is apparent that none of the methods indicated in
4.
paragraph 2 of
this Article is appropriate to the specific
requirements of a quota which has been opened, any other
appropriate method shall be determined in accordance with
the procedure referred to in Article 22(2).

The products listed in Annex I to the Treaty, together
with textiles and other products that are subject
to
laying down
specific common import arrangements
specific provisions
administration
regards quota
should be excluded from the scope of this Regulation,

as

5.
Quantities that are not allocated, assigned or used shall be
redistributed in accordance with Article 14 in time to allow
them to be used before the end of the period covered by the
quota.

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL ADMINISTRATIVE PRINCIPLES

Article 1

1.
This Regulation establishes the rules governing the admi­
nistration of quantitative import and export quotas, hereinafter
referred to as ‘quotas’, whether autonomous or conventional,
established by the Community.

2.
This Regulation shall not apply to products listed in
Annex I to the Treaty, nor to other products that are subject
to specific common import or export arrangements laying
down special provisions for quota administration.

Article 2

Quotas shall be allocated among applicants as soon as
1.
in
possible after they have been opened. It may be decided,
accordance with the procedure referred to in Article 22(2), to
allocate them in several tranches.

Quotas may, inter alia, be administered using one of the

2.
following methods, or a combination of those methods:

(a) a method based on traditional trade flows,

in accordance

with Articles 6 to 11;

(b) a method based on the order in which applications are
submitted (on a ‘first come, first served’ basis), in accordance
with Article 12;

(c) a method allocating quotas in proportion to the quantities
requested when the applications are submitted (using the
‘simultaneous examination’ procedure),
in accordance with
Article 13.

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

in time,

If it is found that it has not been possible to redistribute such
quantities
their possible redistribution during the
following quota period shall be decided on a case-by-case-
referred to in
basis,
Article 22(2).

in accordance with the procedure

Save where other provisions are adopted when the quota
6.
is set, the release for free circulation or export of products
subject to quotas shall be conditional on the presentation of
an import or export licence issued by the Member States in
accordance with this Regulation.

7. Member States shall designate the administrative authori­
ties competent to carry out implementing measures for which
they are responsible under this Regulation. They shall notify the
Commission of the authority thus designated.

Article 3

The Commission shall publish a notice announcing the opening
of quotas in the Official Journal of the European Union, setting out
the allocation method chosen, the conditions to be met by
licence applications, time limits for submitting them and a list
of the competent national authorities to which they must be
sent.

Article 4

1.
All Community importers and exporters, no matter where
they are established in the Community, may submit a single
licence application for each quota or tranche of a quota to the
competent authority of the Member State of their choice, drawn
up in the official language or languages of the Member State
concerned.

Where a quota is limited to one or several regions of the
Community, the application shall be made to the competent
authorities in the Member State(s) of the region(s) in question.

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Applications for licences shall be submitted in accordance
2.
with the arrangements determined in accordance with the
procedure referred to in Article 22(2).

Article 5

The Commission shall ensure that the licences to be issued are
for economically significant quantities, having regard to the
nature of the product covered by the quota.

CHAPTER II

SPECIFIC RULES FOR THE DIFFERENT ADMINISTRATIVE
METHODS

SECTION A

Method based on traditional trade flows

Article 6

Article 8

Member States shall, within the period laid down in the notice
opening the quota concerned, inform the Commission of the
number and the aggregate amount of the import or export
from traditional
applications,
importers or exporters and other importers or exporters, and
of the amount of the previous imports or exports carried out by
the applicants during the reference period.

broken down into those

Article 9

The Commission shall examine the information provided by the
Member States at the same time and shall establish the quanti­
importers’ or
tative criteria according to which traditional
exporters’ applications are to be met as follows:

(a) where aggregate applications are equal to or less than the
importers or exporters,

amount set aside for traditional
applications shall be met in full;

1. Where quota allocation takes account of traditional trade
flows, one portion of the quota shall be reserved for traditional
importers or exporters while the other shall be set aside for
other importers or exporters.

(b) where aggregate applications exceed the amount set aside
for traditional importers or exporters, applications shall be
met on a pro rata basis, calculated in accordance with each
applicant’s share of the total reference imports or exports;

2.
Importers or exporters shall be deemed to be traditional if
they are able to demonstrate that in the course of a previous
they have
period,
imported into the Community or exported from it
the
product or products covered by the quota.

‘the reference period’

to be known as

The portion set

3.
importers or
exporters, the reference period and the portion allocated to
other applicants shall be determined in accordance with the
procedure referred to in Article 22(2).

traditional

aside

for

The allocation shall be carried out in accordance with the

4.
principles set out in Articles 7 to 11.

Article 7

To qualify for the allocation of the part of the quota set aside
for them, and to provide evidence of the imports or exports
carried out during the reference period, traditional importers or
exporters shall enclose with their licence applications:

— a certified copy of the original of the entry for free circu­
lation or export declaration made out in the name of the
importer or exporter concerned or, where applicable, that of
the operator whose activities they have taken over,

— any equivalent evidence, as determined in accordance with

the procedure referred to in Article 22(2).

(c) where the use of this quantitative criterion would entail
the
the

than those applied for,
following

allocating amounts greater
excess
quantities
procedure laid down in Article 14.

reassigned

shall

be

Article 10

The portion of the quota set aside for non-traditional importers
or exporters shall be allocated in accordance with Article 12.

Article 11

Where no applications are received from traditional importers
or exporters, the importers or exporters that do apply shall have
access to the whole quota or tranche concerned.

In such cases, the allocation shall be carried out following the
procedure laid down in Article 12.

SECTION B

Method based on the order in which applications are
submitted

Article 12
1. Where a quota or tranche of a quota is allocated on a ‘first
come, first served’ basis the quantity to which operators are
entitled until the quota is exhausted shall be determined in
accordance with the procedure referred to in Article 22(2).

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In setting that quantity, the same for all operators, allowance
shall be made for the need to assign economically significant
quantities having regard to the nature of the product concerned.

SECTION D

Allocation of quantities for redistribution

competent

2. When the
checked the
Community balance still available, they shall assign to each
importer or exporter the quantity determined in accordance
with paragraph 1 of this Article.

authorities have

3. When licence-holders can prove that they have indeed
imported or exported the total quantity for which they were
issued a licence or a portion to be determined in accordance
with the procedure referred to in Article 22(2), they may submit
a new licence application. This application shall be processed in
accordance with the same conditions as previously. This
procedure may be repeated until the quota is exhausted.

4.
To ensure that all applicants have equal access to the
quota, the Commission shall specify the dates and times of
access
to the Community balance available in the notice
opening the quota.

Article 14

Quantities for redistribution shall be determined by the
the information provided by

1.
Commission on the basis of
Member States in accordance with Article 20.

2. Where the quota is initially allocated using the method
laid down in Article 12, the Commission shall immediately add
the quantities for redistribution to any amounts still available,
or use them to reconstitute the quota if the latter is exhausted.

3. Where the quota is
initially allocated using another
method, the quantities for redistribution shall be assigned in
accordance with the procedure referred to in Article 22(2).

In that case, the Commission shall publish an additional notice
in the Official Journal of the European Union.

SECTION C

Method allocating quotas in proportion to the quantities
requested

CHAPTER III

Article 13

RULES CONCERNING IMPORT OR EXPORT LICENCES

1. Where a quota is allocated in proportion to the quantities
applied for, the competent authorities of the Member States
shall
inform the Commission of the licence applications they
have received in compliance with the deadlines and conditions
established in accordance with the procedure referred to in
Article 22(2).

Article 15

1. Where the method used is that laid down in Article 12,
Member States shall issue licences immediately on verification
of the Community balance available.

That information shall specify the number of applicants and the
aggregate quantities applied for.

2.

In other cases the following shall apply:

2. Within the deadline set in accordance with the procedure
referred to in Article 22(2), the Commission shall examine the
the
information provided by the competent authorities of
Member States at
the same time, and shall determine the
quantity of the quota or of the tranches concerned for which
those authorities are to issue import or export licences.

(a)

the Commission shall notify the competent authorities in
the Member States, within a period to be determined in
accordance with the procedure referred to in Article 22(2),
of the quantities for which they issue licences to the various
applicants. It shall inform the other Member States thereof;

3. Where aggregate licence applications are equal to, or less
than, the quantity of the quota concerned, applications shall be
met in full.

(b) the competent authorities in the Member States shall issue
import or export licences within 10 working days of noti­
fication of the Commission Decision or within the time
limit set by the Commission;

4. Where aggregate applications exceed the quantity of the
quota concerned, they shall be met on a pro rata basis,
in
proportion to the quantities applied for.

(c)

the competent authorities shall inform the Commission that
import or export licences have been issued.

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Article 16

The issue of licences may be made conditional upon the lodging
of a security, in accordance with the procedure referred to in
Article 22(2).

Article 17

Import or export licences shall authorise the import or
1.
export of products which are subject to quotas and shall be
valid throughout the Community, regardless of the place of
import or export mentioned in the applications by the
operators.

except in cases of force majeure, be forfeit where the time limit
referred to in paragraph 1 is not complied with.

Article 20

The competent authorities of the Member States shall notify the
Commission, immediately upon being so informed and in any
case no later than 20 days after the expiry date of the licences,
of the quantities of quotas assigned and not used, with a view
to their subsequent redistribution pursuant to Article 2(5).

Where a quota is limited to one or several regions of the
Community,
import or export licences shall be valid only in
the Member State(s) of the region(s) in question.

The competent authorities of the Member States shall inform
the Commission, by the end of each month, of the quantities of
to quotas which have been imported or
products subject
exported during the preceding month.

Article 21

2.
The period of validity of import or export licences to be
issued by the competent authorities of the Member States shall
be four months. However, a different period of validity may be
set
to in
Article 22(2).

in accordance with the procedure

referred

CHAPTER IV

FINAL PROVISIONS

Article 22

3.
The holders of import or export licences may, on request,
obtain extracts thereof from the competent authorities which
issued the licences in the Member State concerned.

1.

The Commission shall be assisted by a committee.

Such extracts shall have the same legal effects as the licences
from which they are derived, up to the quantity for which the
licences were issued.

Applications for import or export licences,

4.
licences and
extracts shall be drawn up on forms conforming to a specimen
the characteristics of which shall be established in accordance
with the procedure referred to in Article 22(2).

Article 18

Without prejudice to the specific provisions to be adopted in
accordance with the procedure referred to in Article 22(2),
import or export
licences and their extracts may not be
loaned or transferred, whether for a consideration or free of
charge, by the person in whose name the document was issued.

Article 19

1.
Import or export licences or extracts shall, except in cases
of force majeure, be returned to the competent authorities of the
Member State of issue within 10 working days of their expiry
date at the latest.

2. Where the issue of import or export licences is condi­
the security shall,
tional upon the lodging of a security,

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

Article 23

The procedures for applying this Regulation shall be adopted in
accordance with the procedure referred to in Article 22(2). They
shall in particular determine the implementation of the methods
of allocation,
the information to be transmitted by the
competent authorities in the Member States and the measures
intended to ensure compliance with this Regulation.

Article 24

1.
The information received by the Council, the Commission
or the Member States pursuant to this Regulation may be used
only for the purposes for which it was requested.

2.
The Council, the Commission and the Member States, and
those acting on their behalf, shall not disclose information in
respect of which a duly substantiated request for confidential
treatment has been lodged, except where express authorisation
is granted by the party providing the information.

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This Article shall not prevent the Community authorities
3.
from disclosing information of a general nature,
in particular
the grounds on which decisions are taken pursuant to this
Regulation, or
their
arguments in the event of legal proceedings. Such disclosure
must take into account the legitimate interest of the parties
concerned in preserving commercial confidentiality.

evidence used by

them to justify

Article 25

Member States and the Commission shall provide each other
with the requisite information and shall cooperate in applying
this Regulation. Communication and information dissemination
procedures shall, where necessary, be established in accordance
with the procedure referred to in Article 22(2).

Article 26

Regulation (EC) No 520/94, as amended by the Regulations
listed in Annex I, is repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex II.

Article 27

This Regulation shall enter into force on the 20th day following
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, 17 July 2008.

For the Council
The President

M. BARNIER

ANNEX I

Repealed Regulation with list of its successive amendments

Council Regulation (EC) No 520/94
(OJ L 66, 10.3.1994, p. 1).

Council Regulation (EC) No 138/96
(OJ L 21, 27.1.1996, p. 6).

Council Regulation (EC) No 806/2003
(OJ L 122, 16.5.2003, p. 1).

Only point 11 of Annex II

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ANNEX II

Correlation table

Regulation (EC) No 520/94

This Regulation

Articles 1 to 5

Article 6(1), (2) and (3)

Article 6(4)

Article 6(5)

Articles 7 and 8

Articles 1 to 5

Article 6(1), (2) and (3)

—

Article 6(4)

Articles 7 and 8

Article 9, initial wording

Article 9, initial wording

Article 9, first, second and third indents

Article 9(a), (b) and (c)

Articles 10 to 14

Article 15(1)

Articles 10 to 14

Article 15(1)

Article 15(2) initial wording

Article 15(2) initial wording

Article 15(2), first, second and third indents

Article 15(2)(a), (b) and (c)

Articles 16 to 21

Article 22(1)

Article 22(2)

Articles 16 to 21

Article 22(1)

Article 22(3)

Article 23, first paragraph

Article 22(2), first subparagraph

Article 23, second paragraph

Article 22(2), second subparagraph

Article 24

Article 25

Article 26

Article 27

—

Article 28

—

—

Article 23

Article 24

Article 25

—

Article 26

Article 27

Annex I

Annex II