Commission Regulation (EC) No 1064/2008 of 29 October 2008 amending Regulation (EC) No 957/2008 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: 2008-10-29
Institutions: European Commission
Subjects: Brazil, Thailand, derogation from EU law, import licence, originating product, poultrymeat, tariff quota, third country

30.10.2008

EN

Official Journal of the European Union

L 288/3

COMMISSION REGULATION (EC) No 1064/2008

of 29 October 2008

amending Regulation (EC) No 957/2008 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
Federative 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 poultrymeat (2), and in particular Article 2 thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 957/2008 (3) postpones
the application period for certificates for products orig­
inating in Brazil until the first seven days of November
2008 for the third quota subperiod, which will run from
1 January to 31 March 2009.

In view of
the continuing uncertainty regarding the
conditions for issuing certificates of origin for products
originating in Brazil and given the fact that additional
time is needed to clarify the situation for operators
with regard to those conditions, the application period
for the quota subperiod in question should, at this stage,

(3)

(4)

(5)

be postponed by a further month for imports from
Brazil.

Regulation (EC) No 957/2008 should therefore be
amended accordingly.

As the application period for the next subperiod is due to
begin on 1 November 2008, it is essential for this Regu­
lation to apply 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

Article 1 of Regulation (EC) No 957/2008 is hereby replaced by
the following:

‘Article 1

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

Article 2

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

It shall apply from 1 November 2008.

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

Done at Brussels, 29 October 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) OJ L 260, 30.9.2008, p. 12.