19.12.2014 EN Official Journal of the European Union L 365/75
COMMISSION IMPLEMENTING REGULATION (EU) No 1354/2014
of 16 December 2014
derogating from Regulations (EC) Nos 2305/2003, 969/2006, 1067/2008 and 1964/2006, Implementing Regulation (EU) No 480/2012 and Regulations (EC) Nos 828/2009 and 1918/2006 as regards the dates for lodging import licence applications and issuing import licences in 2015 under tariff quotas for cereals, rice, sugar and olive oil, derogating from Regulations (EC) Nos 951/2006 as regards the dates for issuing export licences in 2015 in the out-of-quota sugar and isoglucose sectors and derogating from Regulation (EU) No 1272/2009 as regards the period for examination of offers for the buying-in of common wheat, butter and skimmed milk powder at a fixed price under public intervention in 2014 and 2015
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
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 (1), and in particular Article 1 thereof,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (2), and in particular Articles 20(n), 144(g), 178(b), 187(e) and 192(5) thereof,
Having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (3), and in particular Article 9(5) thereof,
Having regard to Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (4), and in particular Article 18(3) thereof,
Whereas:
(1) Commission Regulations (EC) Nos 2305/2003 (5), 969/2006 (6) and 1067/2008 (7) lay down specific provisions on the lodging of import licence applications and the issuing of import licences for barley under quota 09.4126, maize under quota 09.4131 and common wheat of a quality other than high quality under quotas 09.4123, 09.4124, 09.4125 and 09.4133.
(2) Commission Regulation (EC) No 1964/2006 (8) and Commission Implementing Regulation (EU) No 480/2012 (9) lay down specific provisions on the lodging of import licence applications and the issuing of import licences for rice originating in Bangladesh under quota 09.4517 and broken rice under quota 09.4079.
(3) Commission Regulation (EC) No 828/2009 (10) lays down specific provisions on the lodging of import licence applications and the issuing of import licences for products from the sugar sector under quotas 09.4221, 09.4231, and 09.4241 to 09.4247.
(4) Commission Regulation (EC) No 1918/2006 (11) lays down specific provisions on the lodging of import licence applications and the issuing of import licences for olive oil under quota 09.4032.
(5) In view of the public holidays in 2015, derogations should be made, at certain times, from Regulations (EC) Nos 2305/2003, 969/2006, 1067/2008, 1964/2006, Implementing Regulation (EU) No 480/2012 and Regulations (EC) Nos 828/2009 and 1918/2006 as regards the dates for lodging import licence applications and issuing import licences in order to ensure compliance with the quota volumes in question.
(6) Under Article 7d(1) of Commission Regulation (EC) No 951/2006 (12), export licences for out-of-quota sugar and isoglucose are issued from the Friday following the week during which the licence applications were lodged, provided that no particular measures have since been taken by the Commission.
(7) In view of the public holidays in 2015 and the resulting impact on the publication of the Official Journal of the European Union, the period between the lodging of applications 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.
(8) The second subparagraph of Article 14(1) of Commission Regulation (EU) No 1272/2009 (13) stipulates that the Commission must decide within 2 working days following the notification referred to in Article 13(1) of that Regulation and within 5 working days following the notification referred to in Article 13(3) of that Regulation. The public intervention for butter and skimmed milk powder has been extended until 31 December 2014 by Commission Delegated Regulation (EU) No 949/2014 (14).
(9) In view of the public holidays in 2014 and 2015 and the resulting impact on the publication of the Official Journal of the European Union, the period for examination of offers will be too short to effectively monitor the quantities offered. That period should therefore be extended.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
Cereals
1.   By way of derogation from the second subparagraph of Article 3(1) of Regulation (EC) No 2305/2003, for 2015, import licence applications for barley under quota 09.4126 may not be lodged after 13:00 (Brussels time) on Friday 11 December 2015.
2.   By way of derogation from the second subparagraph of Article 4(1) of Regulation (EC) No 969/2006, for 2015, import licence applications for maize under quota 09.4131 may not be lodged after 13:00 (Brussels time) on Friday 11 December 2015.
3.   By way of derogation from the second subparagraph of Article 4(1) of Regulation (EC) No 1067/2008, for 2015, import licence applications for common wheat of a quality other than high quality under quotas 09.4123, 09.4124, 09.4125 and 09.4133 may not be lodged after 13.00 (Brussels time) on Friday 11 December 2015.
Rice
1.   By way of derogation from the first subparagraph of Article 4(3) of Regulation (EC) No 1964/2006, for 2015, import licence applications for rice originating in Bangladesh under quota 09.4517 may not be lodged after 13:00 (Brussels time) on Friday 4 December 2015.
2.   By way of derogation from the third subparagraph of Article 2(1) of Implementing Regulation (EU) No 480/2012, for 2015, import licence applications for broken rice under quota 09.4079 may not be lodged after 13.00 (Brussels time) on Friday 4 December 2015.
Sugar
By way of derogation from Article 4(1) of Regulation (EC) No 828/2009, applications for import licences may no longer be lodged after 13:00 (Brussels time) on Friday 11 December 2015 until 13:00 (Brussels time) on Friday 25 December 2015.
Olive oil
By way of derogation from Article 3(3) of Regulation (EC) No 1918/2006, import licences for olive oil applied for during the periods referred to in Annex I to this Regulation shall be issued on the corresponding dates specified therein, subject to measures adopted pursuant to Article 7(2) of Commission Regulation (EC) No 1301/2006 (15).
Out-of-quota sugar and isoglucose
By way of derogation from Article 7d(1) of Regulation (EC) No 951/2006, export licences for out-of-quota sugar and isoglucose for which applications are lodged during the periods referred to in Annex II to this Regulation shall be issued on the corresponding dates specified therein, taking account where applicable of the specific measures referred to in Article 9(1) and (2) of that Regulation.
Offers for the buying-in of common wheat at a fixed price under public intervention
By way of derogation from the second subparagraph of Article 14(1) of Regulation (EU) No 1272/2009, for offers of common wheat notified during the periods referred to in Annex III to this Regulation, the period within which the Commission takes a decision following the notification referred to in Article 13(2)(b) and Article 13(3) of Regulation (EU) No 1272/2009 shall end on the date shown in that Annex.
Offers for the buying-in of butter and skimmed milk powder at a fixed price under public intervention
By way of derogation from the second subparagraph of Article 14(1) of Regulation (EU) No 1272/2009, for offers of butter and skimmed milk powder notified during the periods referred to in Annex IV, parts 1 and 2 to this Regulation, the period within which the Commission takes a decision following the notification referred to in Article 13(2)(a) and Article 13(3) of Regulation (EU) No 1272/2009 shall end on the date shown in that Annex.
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall expire on 10 January 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.