17.3.2011 EN Official Journal of the European Union L 70/1
COMMISSION REGULATION (EU) No 257/2011
of 16 March 2011
amending Regulation (EC) No 616/2007 opening and providing for the administration of Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
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,
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) Pursuant to Article 130(2) of Regulation (EC) No 1234/2007, imports into the Union should be managed using import licences. However, in order to avoid speculative actions distorting the imports flow, it is appropriate to manage the quota opened by Commission Regulation (EC) No 616/2007 (3) under order number 09.4215 and Group No 5 allocated to Thailand, by attributing import rights as a first step and issuing import licences as a second, as provided for in Article 6(3) of 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 (4).
(2) The new conditions for attributing the import rights and issuing the subsequent import licences for the quota at issue should be established, as regards the eligibility of the applicants and the repartition of the imported volumes for the quota period as set out in Article 1(1) of Regulation (EC) No 616/2007.
(3) In order to avoid speculative activity and ensure that import rights are attributed to genuine importers, it is essential to set the historical reference quantity of poultrymeat imported established as a condition for the application for import rights at an appropriate level.
(4) In view of the new conditions applicable to imports of products originating in Thailand, the amount of the security relating to the import rights and licences should be set at an appropriate level to ensure proper management of the tariff quotas and satisfactory access to them for operators.
(5) To oblige operators to apply for import licences for all the import rights allocated, it should be established that such obligation constitutes a primary requirement within the meaning of Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (5).
(6) The notification period established in Regulation (EC) No 616/2007 for the national authorities to notify the Commission of the quantities covered by issued licences is scheduled at a late stage compared to the moment of issuing. For a good management of the quota, it is therefore advisable to advance this notification period in time.
(7) To allow operators and competent authorities to get used to the new management of Group No 5, it is appropriate to postpone the time period for submission of applications for import rights for the first subperiod commencing on 1 July 2011, from April 2011 to May 2011.
(8) Regulation (EC) No 616/2007 should therefore be amended accordingly.
(9) Since the next quota period begins on 1 July 2011, this Regulation should apply as from that period.
(10) The Management Committee for the Common Organisation of the Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,
Regulation (EC) No 616/2007 is amended as follows:
1. in Article 3, the following paragraph is added:
2. Articles 4, 5 and 6 are replaced by the following:
(a) for Groups Nos 2 and 3, the maximum quantity for licence or import rights applications shall be 5 % of the quantity available for the quota concerned in the period or subperiod in question;
(b) for Groups Nos 3, 6 and 8 the minimum quantity for licence applications shall be reduced to 10 tonnes.
(a) for all Groups except No 5 and not later than the 10th day of the month following the month in which applications were submitted, of the quantities covered by licences they have issued;
(b) for Group No 5 and not later than the 10th day of the month following each subperiod, of the quantities covered by licences they have issued during that subperiod.
(a) a first time together with the notifications referred to in Article 5(3) of this Regulation regarding the applications submitted for the last subperiod of the annual quota period;
(b) a second and last time by the end of the fourth month following the end of each annual period for quantities not yet notified at the time of the first notification provided for in point (a).
3. in Article 7, paragraph 1 is amended as follows:
(a) the second subparagraph is deleted;
(b) the following subparagraph is added:
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply as from the quota period commencing on 1 July 2011.
This Regulation shall be binding in its entirety and directly applicable in the Member States.