Commission Regulation (EC) No 1247/2008 of 11 December 2008 derogating from Regulations (EC) Nos 2402/96, 2058/96, 2305/2003, 955/2005, 969/2006, 1918/2006, 1964/2006, 1002/2007, 27/2008 and 1067/2008 as regards the dates for lodging import licence applications and issuing import licences in 2009 under the tariff quotas for sweet potatoes, manioc starch, manioc, cereals, rice and olive oil and derogating from Regulations (EC) Nos 382/2008, 1518/2003, 596/2004 and 633/2004 as regards the dates for issuing export licences in 2009 in the beef and veal, pigmeat, egg and poultrymeat sector
Date: 2008-12-11
Institutions: European Commission
Subjects: cassava, cereals, derogation from EU law, import licence, olive oil, potato, rice, starch, sugar, tariff quota

13.12.2008

EN

Official Journal of the European Union

L 335/35

COMMISSION REGULATION (EC) No 1247/2008

of 11 December 2008

derogating from Regulations
(EC) Nos 2402/96, 2058/96, 2305/2003, 955/2005, 969/2006,
1918/2006, 1964/2006, 1002/2007, 27/2008 and 1067/2008 as regards the dates for lodging
import licence applications and issuing import licences in 2009 under the tariff quotas for sweet
potatoes, manioc starch, manioc, cereals, rice and olive oil and derogating from Regulations (EC)
Nos 382/2008, 1518/2003, 596/2004 and 633/2004 as regards the dates for issuing export licences
in 2009 in the beef and veal, pigmeat, egg and poultrymeat sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Decision 96/317/EC of 13 May 1996
concerning the conclusion of the results of consultations with
Thailand under GATT Article XXIII (1),

Having regard to Council Regulation (EC) No 1095/96 of
18 June 1996 on the implementation of the concessions set
out in Schedule CXL drawn up in the wake of the conclusion of
the GATT XXIV.6 negotiations (2), and in particular Article 1(1)
thereof,

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) (3), and in particular
Articles 144(1), 148 and 161(3), in conjunction with Article 4
thereof,

(3)

(4)

Whereas:

(1)

(2)

2402/96

(EC) No

Regulation

Commission
of
17 December 1996 opening and setting administrative
rules for certain annual tariff quotas for sweet potatoes
and manioc starch (4) lays down specific provisions for
lodging import licence applications and issuing import
licences for sweet potatoes under quotas 09.4013 and
09.4014 and for manioc starch under quotas 09.4064
and 09.4065.

Commission Regulation (EC) No 27/2008 of 15 January
2008 opening and providing for the administration of
certain annual tariff quotas for products covered by CN
codes
and
0714 10 98,
0714 90 19 originating in certain third countries other

0714 10 91,

0714 90 11

(1) OJ L 122, 22.5.1996, p. 15.
(2) OJ L 146, 20.6.1996, p. 1.
(3) OJ L 299, 16.11.2007, p. 1.
(4) OJ L 327, 18.12.1996, p. 14.

lays down specific provisions

than Thailand (5)
for
lodging import licence applications and issuing import
licences,
the products concerned, under quotas
09.4009, 09.4010, 09.4011, 09.4012 and 09.4021.

for

(EC) Nos 1067/2008 of
Commission Regulations
30 October 2008 opening and providing for the admin­
istration of Community tariff quotas for common wheat
of a quality other than high quality from third countries
and derogating from Council Regulation (EC) No
1234/2007 (6), 2305/2003 of 29 December 2003
the administration of a
opening and providing for
Community tariff quota for
imports of barley from
third countries (7) and 969/2006 of 29 June 2006
the administration of a
opening and providing for
imports of maize from
Community tariff quota for
third countries (8)
for
lodging import licence applications and issuing import
licences for common wheat of a quality other than
high quality under quotas 09.4123, 09.4124 and
09.4125,
for barley under quota 09.4126 and for
maize under quota 09.4131.

lay down specific provisions

(EC) Nos

Regulations

of
Commission
2058/96
28 October 1996 opening and providing for
the
management of a tariff quota for broken rice of CN
code 1006 40 00 for production of food preparations
of CN code 1901 10 (9), 1964/2006 of 22 December
2006 laying down detailed rules for the opening and
administration of an import quota for rice originating
in Bangladesh, pursuant
to Council Regulation (EEC)
No 3491/90 (10), 1002/2007 of 29 August 2007
laying down detailed rules
application of
Council Regulation (EC) No 2184/96 concerning
imports into the Community of rice originating in and
coming from Egypt (11), and 955/2005 of 23 June 2005
opening a Community import quota for rice originating
in Egypt (12)
lay down specific provisions for lodging
import licence applications and issuing import licences
for broken rice under quota 09.4079, for rice originating
in Bangladesh under quota 09.4517, for rice originating
and coming from Egypt under quota 09.4094 and for
rice originating in Egypt under quota 09.4097.

the

for

(5) OJ L 13, 16.1.2008, p. 3.
(6) OJ L 290, 31.10.2008, p. 3.
(7) OJ L 342, 30.12.2003, p. 7.
(8) OJ L 176, 30.6.2006, p. 44.
(9) OJ L 276, 29.10.1996, p. 7.
(10) OJ L 408, 30.12.2006, p. 19.
(11) OJ L 226, 30.8.2007, p. 15.
(12) OJ L 164, 24.6.2005, p. 5.

L 335/36

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Official Journal of the European Union

13.12.2008

(5)

(6)

(7)

(8)

(9)

(EC) No

1918/2006

of
Commission Regulation
20 December 2006 opening and providing for the ad­
ministration of tariff quota for olive oil originating in
Tunisia (1)
lodging
import licence applications and issuing import licences
for olive oil under quota 09.4032.

lays down specific provisions for

2402/96,

2058/96,

In view of
the public holidays in 2009, derogations
should be made, at certain times, from Regulations (EC)
2305/2003,
Nos
1964/2006,
955/2005,
1002/2007 and 27/2008 as
for
lodging import licence applications and issuing import
licences in order to ensure compliance with the quota
volumes in question.

1918/2006,
regards

2375/2002,

969/2006,

the dates

The second subparagraph of Article 12(1) of Commission
Regulation (EC) No 382/2008 of 21 April 2008 on rules
of application for import and export licences in the beef
and veal sector (2), Article 3(3) of Commission Regu­
lation (EC) No 1518/2003 of 28 August 2003 laying
down detailed rules for implementing the system of
export licences in the pigmeat sector (3), Article 3(3) of
Commission Regulation (EC) No 596/2004 of 30 March
2004 laying down detailed rules for implementing the
licences in the egg sector (4) and
system of export
Article 3(3) of Commission Regulation (EC) No
633/2004 of 30 March 2004 laying down detailed
rules for implementing the system of export licences in
the poultrymeat sector (5) provide that export licences are
to be issued on the Wednesday following the week in
which the licence applications are lodged, provided that
the Commission has not taken any particular measure in
the meantime.

In view of the public holidays in 2009 and the resulting
impact on the publication of the Official Journal of the
European Union, the period between the lodging of appli­
cations and the day on which the licences are to be
issued will be too short to ensure proper management
of the market. That period should therefore be extended.

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

Sweet potatoes

1.
By way of derogation from Article 3 of Regulation (EC)
No 2402/96, applications for import licences for sweet potatoes

(1) OJ L 365, 21.12.2006, p. 84.
(2) OJ L 115, 29.4.2008, p. 10.
(3) OJ L 217, 29.8.2003, p. 35.
(4) OJ L 94, 31.3.2004, p. 33.
(5) OJ L 100, 6.4.2004, p. 8.

under quotas 09.4013 and 09.4014 for 2009 may not be
lodged before Tuesday 6 January 2009 or after Tuesday
15 December 2009.

2.
By way of derogation from Article 8(1) of Regulation (EC)
No 2402/96, import licences for sweet potatoes applied for on
the date indicated in Annex I hereto under quotas 09.4013 and
09.4014 shall be issued on the date indicated therein, subject to
the measures adopted pursuant to Article 7(2) of Commission
Regulation (EC) No 1301/2006 (6).

Article 2

Manioc starch

1.
By way of derogation from the first paragraph of Article 9
of Regulation (EC) No 2402/96, applications for import licences
for manioc starch under quotas 09.4064 and 09.4065 for 2009
may not be lodged before Tuesday 6 January 2009 or after
Tuesday 15 December 2009.

By way of derogation from Article 13(1) of Regulation
2.
(EC) No 2402/96,
import licences for manioc starch applied
for on the date indicated in Annex II hereto under quotas
09.4064 and 09.4065 shall be issued on the date indicated
therein,
to
Article 7(2) of Commission Regulation (EC) No 1301/2006.

to the measures

adopted pursuant

subject

Article 3

Manioc

By way of derogation from Article 8(1) of Regulation (EC)
1.
No 27/2008, applications for import licences for manioc under
quotas 09.4009, 09.4010, 09.4011, 09.4012 and 09.4021 for
2009 may not be lodged before Monday 5 January 2009 or
after 13:00 (Brussels time) on Wednesday 16 December 2009.

By way of derogation from Article 8(4) of Regulation (EC)
2.
import licences for manioc applied for on the
No 27/2008,
dates indicated in Annex III hereto under quotas 09.4009,
09.4010, 09.4011, 09.4012 and 09.4021 shall be issued on
the date indicated therein, subject
to the measures adopted
pursuant to Article 7(2) of Regulation (EC) No 1301/2006.

Article 4

Cereals

1.
By way of derogation from the second subparagraph of
Article 4(1) of Regulation (EC) No 1067/2008, the first period
for lodging applications for import licences for common wheat
of a quality other than high quality under quotas 09.4123,
09.4124 and 09.4125 for 2009 shall not
start until
1 January 2009. Such applications may not be lodged after
13:00 (Brussels time) on Friday 11 December 2009.

(6) OJ L 238, 1.9.2006, p. 13.

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By way of derogation from the second subparagraph of
2.
Article 3(1) of Regulation (EC) No 2305/2003, the first period
for lodging applications for import licences for barley under
quota 09.4126 for 2009 shall not start until 1 January 2009.
Such applications may not be lodged after 13:00 (Brussels time)
on Friday 11 December 2009.

3.
By way of derogation from the second subparagraph of
Article 4(1) of Regulation (EC) No 969/2006, the first period
for lodging applications for import licences for maize under
quota 09.4131 for 2009 shall not start until 1 January 2009.
Such applications may not be lodged after 13:00 (Brussels time)
on Friday 11 December 2009.

Article 5

Rice

1.
By way of derogation from the third subparagraph of
Article 2(1) of Regulation (EC) No 2058/96, the first period
for lodging applications for import licences for broken rice
under quota 09.4079 for 2009 shall not start until 1 January
2009. Such applications may not be lodged after 13:00
(Brussels time) on Friday 11 December 2009.

By way of derogation from the first subparagraph of
2.
Article 4(3) of Regulation (EC) No 1964/2006,
the first
period for lodging applications for import licences for rice orig­
inating in Bangladesh under quota 09.4517 for 2009 shall not
start until 1 January 2009. Such applications may not be lodged
after 13:00 (Brussels time) on Friday 11 December 2009.

3.
By way of derogation from Article 2(3) of Regulation (EC)
No 1002/2007, the first period for lodging applications for
import licences for rice originating in and coming from Egypt
under quota 09.4094 for 2009 shall not start until 1 January
2009. Such applications may not be lodged after 13:00
(Brussels time) on Friday 11 December 2009.

4.
No 955/2005,

By way of derogation from Article 4(1) of Regulation (EC)
the first period for lodging applications for

licences for

rice originating in Egypt under quota
import
09.4097 for 2009 shall not start until 1 January 2009. Such
applications may not be lodged after 13:00 (Brussels time) on
Friday 11 December 2009.

Article 6

Olive oil

By way of derogation from Article 3(3) of Regulation (EC) No
1918/2006, import licences for olive oil applied for on Monday
6 or Tuesday 7 April 2009 under quota 09.4032 shall be issued
on Friday 17 April 2009, subject to the measures adopted
pursuant to Article 7(2) of Regulation (EC) No 1301/2006.

Article 7

Licences for exports of beef and veal, pigmeat, eggs and
poultrymeat attracting refunds

By way of derogation from the second subparagraph of
Article 12(1) of Regulation (EC) No 382/2008, Article 3(3) of
Regulation (EC) No 1518/2003, Article 3(3) of Regulation (EC)
No 596/2004 and Article 3(3) of Regulation (EC) No
633/2004, export
licences applied for during the periods
referred to in Annex IV hereto shall be issued on the corre­
sponding dates set out therein.

The derogation provided for in the first paragraph shall apply
only where none of the particular measures provided for in
Article 12(2) and (3) of Regulation (EC) No 382/2008,
Article 3(4) of Regulation (EC) No 1518/2003, Article 3(4) of
Regulation (EC) No 596/2004 and Article 3(4) of Regulation
(EC) No 633/2004 is taken before those dates of issue.

Article 8

This Regulation shall enter into force on the third day following
that of
the European
Union.

its publication in the Official

Journal of

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

Done at Brussels, 11 December 2008.

For the Commission

Jean-Luc DEMARTY
Director-General for Agriculture and
Rural Development

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Import licences for sweet potatoes to be issued under quotas 09.4013 and 09.4014 for certain periods of 2009

ANNEX I

Dates for lodging applications

Dates of issue of licences

Tuesday 7 April 2009

Friday 17 April 2009

ANNEX II

Import licences for manioc starch to be issued under quotas 09.4064 and 09.4065 for certain periods of 2009

Dates for lodging applications

Dates of issue of licences

Tuesday 7 April 2009

Friday 17 April 2009

ANNEX III

Import licences for manioc to be issued under quotas 09.4009, 09.4010, 09.4011, 09.4012 and 09.4021 for
certain periods of 2009

Dates for lodging applications

Dates of issue of licences

Monday 6, Tuesday 7 and Wednesday 8 April 2009

Friday 17 April 2009

ANNEX IV

Periods for lodging export licence applications for beef and veal, pigmeat, eggs and poultrymeat

Dates of issue of licences

6 to 10 April 2009

25 to 29 May 2009

13 to 17 July 2009

16 April 2009

4 June 2009

23 July 2009

26 to 30 October 2009

5 November 2009