Commission Regulation (EC) No 442/2009 of 27 May 2009 opening and providing for the administration of Community tariff quotas in the pigmeat sector

28.5.2009 EN Official Journal of the European Union L 129/13
COMMISSION REGULATION (EC) No 442/2009
of 27 May 2009
opening and providing for the administration of Community tariff quotas in the pigmeat sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (‘Single CMO’ Regulation) (1), and in particular Article 144(1) and Article 148 in conjunction with Article 4 thereof,
Whereas:
(1) In the framework of the World Trade Organisation, the Community has undertaken to open import tariff quotas for certain products in the pigmeat sector.
(2) The agreement in the form of an exchange of letters between the European Community and the United States of America pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) of 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, in the course of their accession to the European Union, approved by Council Decision 2006/333/EC (2), provides for the opening of a specific import tariff quota allocated to the United States for imports of 4 722 tonnes of pigmeat.
(3) The Agreement between the European Community and the Government of Canada on the conclusion of GATT Article XXIV:6 negotiations, approved by Council Decision 2007/444/EC (3), provides for the incorporation of a specific import tariff quota of 4 624 tonnes of pigmeat allocated to Canada.
(4) The detailed rules for the application of the management of all these import tariff quotas, hereinafter referred to as ‘the quotas’, are currently laid down by Commission Regulation (EC) No 806/2007 of 10 July 2007 opening and providing for the administration of tariff quotas in the pigmeat sector (4), Commission Regulation (EC) No 812/2007 of 11 July 2007 opening and providing for the administration of a tariff quota for pigmeat allocated to the United States of America (5), Commission Regulation (EC) No 979/2007 of 21 August 2007 opening and providing for the administration of an import tariff quota for pigmeat originating in Canada (6), and Commission Regulation (EC) No 1382/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 concerning the import arrangements for pigmeat (7).
(5) The use of the ‘first come, first served’ principle has turned out to be positive in other agricultural sectors and, with the aim of simplifying administrative procedures, the majority of quotas, not used very frequently, which come under Regulation (EC) No 806/2007 and Regulation (EC) No 1382/2007 should now be managed using the method indicated in Article 144(2)(a) of Regulation (EC) No 1234/2007. This should be done in accordance with Articles 308a, 308b and 308c(1) of 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 (8).
(6) The two tariffs relating to boned loins and hams, fresh, chilled or frozen, coming under CN codes ex 0203 19 55 and ex 0203 29 55 and bearing numbers 09.4038 and 09.4170 and the tariff for pigmeat originating from Canada and bearing number 09.4204, experience of which is still low, should continue to be managed using the simultaneous examination method. 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 (9) should apply to these three tariffs, unless otherwise provided by this Regulation.
(7) Due to the particularities of the transfer from one administrative system to the other, it is important that the tariffs managed using the ‘first come, first served’ system should be regarded as non-critical within the meaning of Article 308c of Regulation (EEC) No 2454/93.
(8) Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (10) should apply, unless otherwise provided in this Regulation.
(9) It is important to define the methods for submitting import licence applications, the information needed to be contained in such applications and licences as well as the amount of the security relating to import licences. In view of the speculative risk inherent in the method in question in the pigmeat sector, precise conditions relating to operators’ access to the tariff quota scheme also need to be laid down.
(10) Regulations (EC) No 806/2007, (EC) No 812/2007, (EC) No 979/2007 and (EC) No 1382/2007 should therefore be repealed and replaced by a new regulation. However, it is appropriate to maintain these applicable regulations for the import tariff periods prior to those covered by this Regulation.
(11) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,