13.6.2012

EN

Official Journal of the European Union

L 152/28

(1)

Considering the economic importance for the European Union of imports of raw wood and the importance that the Russian Federation has for the Union as a supplier of raw wood, the Commission has negotiated with the Russian Federation commitments by the Russian Federation to reduce or eliminate its currently applied export duties, including on raw wood.

(2)

These commitments, which will become part of the World Trade Organization (WTO) Schedule of Concessions of the Russian Federation upon its accession to the WTO, include tariff-rate quotas for the export of specified types of coniferous wood, a share of which has been allocated for exports to the Union.

(3)

In the context of the negotiations regarding the accession of the Russian Federation to the WTO, the Commission has negotiated, on behalf of the Union, with the Russian Federation, an agreement in the form of an Exchange of Letters relating to the administration of those tariff-rate quotas applying to exports of certain coniferous wood from the Russian Federation to the Union (hereinafter referred to as ‘the Agreement‘�.

(4)

As provided for in the Agreement, the Union and the Russian Federation have negotiated detailed technical modalities on the management of the tariff-rate quotas, which are contained in an agreement in the form of a Protocol negotiated between the Union and the Government of the Russian Federation (hereinafter referred to as ‘the Protocol‘�.

(5)

In implementation of the Agreement and the Protocol, methods for allocating tariff quotas depending on the date of submission of applications by importers should be established and rules and methods for establishing rights of traditional importers for each quota period and for each product group should be laid down.

(6)

Rules on business continuity for the determination of whether an importer claiming status of traditional importer is the same natural or juridical person that imported the covered products during the reference periods specified in this Regulation should be laid down.

(7)

Rules and procedures related to unused quota authorisations should be laid down.

(8)

Transitional rules applicable during the first three quota periods of application of this Regulation should be established in connection with the choice of reference periods for the calculation of ceilings of quota authorisations for traditional importers.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Wood Committee established by Decision 2012/105/EU,

(a)

for any application submitted by 31 July of each year (hereinafter referred to as ‘榝irst part of the quota period‘�, the Commission shall allocate tariff quotas in accordance with the ‘traditional‘�or ‘榥ew‘�categories of importers, pursuant to Article 5(2)(b) of the Protocol; and

(b)

for any application submitted from 1 August (hereinafter referred to as ‘second part of the quota period‘�, the Commission shall allocate the remaining quantities of the tariff quotas in accordance with the chronological order of receipt by the Commission of notifications from the competent authorities of Member States (hereinafter referred to as ‘楲icence Office(s)‘� of applications submitted by individual importers, pursuant to Article 5(2)(a) of the Protocol.

(a)

70 % of each tariff quota per product group shall be allocated to traditional importers (hereinafter referred to as ‘榪uota for traditional importers‘�; and

(b)

30 % of each tariff quota per product group shall be allocated to new importers (hereinafter referred to as ‘榪uota for new importers‘�.

‘楥i‘�represents the ceiling for the product group concerned (spruce or pine) for importer i during quota period n+1;

‘楾‘�represents the quota for traditional importers available for the product group concerned during the year of calculation of the ceiling (hereinafter referred to as ‘榪uota period n‘�;

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