11.7.2007 EN Official Journal of the European Union L 181/3
COMMISSION REGULATION (EC) No 806/2007
of 10 July 2007
opening and providing for the administration of 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 (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat (1) and in particular Article 11(1) thereof,
Whereas:
(1) In the framework of the World Trade Organisation, the Community has undertaken to open tariff quotas for certain products in the pigmeat sector. As a result, detailed rules for the administration of those quotas should be laid down.
(2) Commission Regulation (EC) No 1458/2003 of 18 August 2003 opening and providing for the administration of tariff quotas in the pigmeat sector (2) has been substantially amended several times and further changes are needed. Regulation (EC) No 1458/2003 should therefore be repealed and replaced by a new regulation.
(3) Commission Regulations (EC) Nos 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (3) and 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) should apply, save as otherwise provided in this Regulation.
(4) In order to ensure a regular flow of imports, the quota period running from 1 July to 30 June the following year should be subdivided into several subperiods. In any event, under Regulation (EC) No 1301/2006 licences are valid only up to and including the last day of the tariff quota period.
(5) The import tariffs should be administered on the basis of import certificates. To that end, detailed rules for the submission of applications and the information which must appear in applications and licences should be laid down.
(6) In view of the risk of speculation inherent in the system in question in the pigmeat sector, precise conditions should be laid down as regards operators' access to the tariff quota scheme.
(7) For appropriate administration of the tariff quotas, the security linked to the import licences should be set at EUR 20 per 100 kilograms.
(8) In the interests of the operators, the Commission should determine the quantities that have not been applied for, which will be added to the next quota subperiod in accordance with Article 7(4) of Regulation (EC) No 1301/2006.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,
1.   The tariff quotas in Annex I are hereby opened for the import of pigmeat products under the CN codes indicated therein.
The tariff quotas shall be open on an annual basis for the period from 1 July to 30 June the following year.
2.   The quantity of products covered by the quotas referred to in paragraph 1, the applicable rate of customs duty, the order numbers and the group numbers shall be as set out in Annex I.
3.   In accordance with this Regulation, products of CN codes ex 0203 19 55 and ex 0203 29 55 referred to in groups G2 and G3 of Annex I have the following meanings assigned to them:
(a) ‘boneless loins’, loins and cuts thereof, without tenderloin, with or without subcutaneous fat or rind;
(b) ‘tenderloin’, cuts including the meats of muscles musculus major psoas and musculus minor psoas, with or without head, trimmed or not trimmed.
The provisions of Regulations (EC) Nos 1291/2000 and 1301/2006 shall apply, save as otherwise provided for in this Regulation.
The quantity set for the annual tariff quota period for each order number shall be subdivided into four subperiods, as follows:
(a) 25 % from 1 July to 30 September;
(b) 25 % from 1 October to 31 December;
(c) 25 % from 1 January to 31 March;
(d) 25 % from 1 April to 30 June.
1.   For the purposes of applying Article 5 of Regulation (EC) No 1301/2006, import licence applicants shall, when submitting their first application for a given annual quota period, furnish proof that they imported or exported, during each of the two periods referred to in that Article, at least 50 tonnes of products covered by Article 1 of Regulation (EEC) No 2759/75.
2.   Licence applications may refer to only one of the order numbers indicated in Annex I to this Regulation. They may concern several products covered by different CN codes. If they do, all the CN codes and their designations must be entered in boxes 16 and 15 respectively of the licence application and the licence.
Licence applications must be for a minimum of 20 tonnes and a maximum of 20 % of the quantity available for the quota concerned in the subperiod in question.
3.   Licence applications and licences themselves shall contain:
a) in box 8, the name of the country of origin;
b) in box 20, one of the entries listed in Annex II, Part A.
Box 24 of the licence shall contain one of the entries indicated in Annex II, Part B.
1.   Licence applications may be submitted only in the first seven days of the month preceding each of the subperiods referred to in Article 3.
2.   A security of EUR 20 per 100 kilograms shall be lodged when an application for a licence is submitted.
3.   By way of derogation from Article 6(1) of Regulation (EC) No 1301/2006, each applicant may submit several applications for import licences for products covered by a single order number, provided these products originate in different countries. Separate applications for each country of origin must be submitted simultaneously to the competent authority of a Member State. They shall be regarded as a single application, for the purposes of the maximum referred to in the second subparagraph of Article 4(2) of this Regulation.
4.   Not later than the third working day following the end of the period for submission of applications, Member States shall notify the Commission of the total quantities, in kilograms, applied for in respect of each group.
5.   Licences shall be issued as of the seventh working day and at the latest by the 11th working day following the end of the notification period provided for in paragraph 4.
6.   The Commission shall set, where appropriate, the quantity for which no applications for licences were received and which are automatically added to the quantity set for the next quota subperiod.
1.   By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission by the end of the first month of each quota subperiod of the total quantities in kilograms for which licences have been issued, as referred to in Article 11(1)(b) of that Regulation.
2.   Member States shall communicate to the Commission, before the end of the fourth month following each annual quota period, the quantities, expressed in kilograms, under each order number actually released into free circulation under this Regulation in the period concerned.
3.   By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission of the quantities in kilograms to which unused or partially used import licences relate, first when the application for the last subperiod is sent, and again before the end of the fourth month following each annual period.
1.   By way of derogation from Article 23 of Regulation (EC) No 1291/2000, import licences shall be valid for 150 days from the first day of the subperiod for which they are issued.
2.   Without prejudice to Article 9(1) of Regulation (EC) No 1291/2000, the rights deriving from the licences may be transferred only to transferees satisfying the eligibility conditions set out in Article 5 of Regulation (EC) No 1301/2006 and Article 4(1) of this Regulation.
Regulation (EC) No 1458/2003 is hereby repealed.
References to the repealed Regulation shall be construed as references to this Regulation and read in accordance with the correspondence table at Annex III.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.