Commission Regulation (EC) No 957/2008 of 29 September 2008 derogating for the 2008/09 quota period from Regulation (EC) No 616/2007 opening and providing for the administration of certain Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries
Date: 2008-09-29
Institutions: European Commission
Subjects: Brazil, Thailand, derogation from EU law, import licence, originating product, poultrymeat, tariff quota, third country

L 260/12

EN

Official Journal of the European Union

30.9.2008

COMMISSION REGULATION (EC) No 957/2008

of 29 September 2008

derogating for the 2008/09 quota period from Regulation (EC) No 616/2007 opening and providing
for the administration of certain Community tariff quotas in the sector of poultrymeat originating
in Brazil, Thailand and other third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Articles 144(1) and 148, in conjunction with Article 4, thereof,

Having regard to Council Decision 2007/360/EC of 29 May
2007 on the conclusion of Agreements
in the form of
Agreed Minutes between the European Community and the
Federal Republic of Brazil,
and between the European
Community and the Kingdom of Thailand pursuant to Article
XXVIII of the General Agreement on Tariffs and Trade 1994
(GATT 1994) relating to the modification of concessions with
respect to poultry meat (2), and in particular Article 2 thereof,

Whereas:

(1)

(2)

On 5 August 2008, Brazil published a Directive (3) on
arrangements for allocating certificates of origin as from
1 October 2008.

In view of the uncertainty regarding the conditions in
which certificates of origin for products originating in
Brazil are issued, at
this stage the application period
for the import sub-period from 1 January to 31 March
2009, which in accordance with Article 5(1) of

(3)

(4)

(5)

Commission Regulation (EC) No 616/2007 (4) has been
set as the first seven days of October 2008, should be
postponed as regards imports from that origin.

There should consequently be a derogation,
origin,
No 616/2007 for the 2008/09 quota period.

from Article

5(1)

of

Regulation

for that
(EC)

As the application period for the next sub-period is due
to begin on 1 October 2008,
it is essential that this
Regulation applies from that date.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 5(1) of Regulation (EC) No
616/2007, for the quota sub-period beginning on 1 January
2009, applications for certificates for products in groups 1, 4
and 7 may be submitted only in the first seven days of
November 2008.

Article 2

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

It shall apply from 1 October 2008.

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

Done at Brussels, 29 September 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 138, 30.5.2007, p. 10.
(3) Portaria no 16, de 1o Agosto de 2008, Diario Oficial da Uniao,

5.8.2008.

(4) OJ L 142, 5.6.2007, p. 3.