HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
21.3.2012 Official
Journal
of
the
European
Union L
81/37
COMMISSION IMPLEMENTING REGULATION (EU) No 245/2012
of 20 March 2012
amending Regulation (EC) No 1187/2009 as regards exports of milk and milk products to the
Dominican Republic
THE EUROPEAN COMMISSION,
Combined Nomenclature codes instead of the product
codes in the nomenclature for refunds. The relevant
Having regard to the Treaty on the Functioning of the European
provisions should be adjusted accordingly.
Union,
(5) For
the
purpose
of
good
management,
it
is
necessary
for
Having regard to Council Regulation (EC) No 1234/2007 of
the Commission to have earlier than 31 August notifi
22 October 2007 establishing a common organisation of agri
cation on the quantity for which licences have been
cultural markets and on specific provisions for certain agri
issued. Conversely, the notification on the quantities
cultural products (Single CMO Regulation) ( 1 ), and in particular
allocated is superfluous and can be abolished.
Article 170 and Article 171(1) in conjunction with Article 4
thereof,
(6) Article
28(3)(a)
of
Regulation
(EC)
No
1187/2009
provides that exports licence applications are only
Whereas:
admissible where applicants lodge a security in
accordance with Article 9 thereof. The exception of
(1) Article
27
of
Commission
Regulation
(EC)
No
Article 9 of that Regulation laid down in Article 33(1)
1187/2009 of 27 November 2009 laying down special
thereof is therefore inconsistent.
detailed rules for the application of Council Regulation
(EC) No 1234/2007 as regards export licences and
(7) Regulation
(EC)
No
1187/2009
should
therefore
be
export refunds for milk and milk products ( 2 ) provides
amended accordingly.
that within the context of the export quota of milk
powder opened by the Dominican Republic, priority is
to be given to products falling under specific product
(8) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Management
codes from the export refund nomenclature. This
Committee for the Common Organisation of Agricultural
restriction was introduced in order to prevent excessive
Markets,
number of applications for licences, which could result in

a fragmentation of the market and a risk in a loss of
market share for the exporters of the Union.
HAS ADOPTED THIS REGULATION:
(2) The
quantities
applied
for
the
quota
year
2011/12
were
Article 1
for the first time lower than the quota quantities
Regulation (EC) No 1187/2009 is amended as follows:
available. In case of remaining quantities, it is appropriate
to allocate those quantities to the applicants who are
interested in receiving higher quantities than those
(1) in Article 27(2), the first subparagraph is replaced by the
requested, provided that the security is increased accord
following:
ingly.
‘Licence applications can be lodged for all the products
(3)
With a view to maximising the use of the quota in the
falling under CN codes 0402 10, 0402 21 and 0402 29.’;
following years, it is appropriate to extend the scope of
the licence applications to all the products covered by the
(2) in Article 28(3), the first subparagraph is replaced by the
tariff quota as provided for in the Economic Partnership
following:
Agreement between the Cariforum States, of the one
part, and the European Community and its Member
‘To be admissible, only one export licence application may
States, of the other part ( 3 ), the signature and provisional
be submitted per product code in the Combined Nomen
application of which have been approved by Council
clature and all applications must be lodged at the same time
Decision 2008/805/EC ( 4 ). Moreover, as regards the
with the competent authority of a single Member State.’;
validity of export licences, the derogation provided for
in Article 6(2) of Regulation (EC) No 1187/2009 should
(3) Article 31 is amended as follows:
not be limited only to products belonging to the same
product category as referred to in Annex I thereof, but it
should be extended to any of the products covered by
(a) in paragraph 1, the first subparagraph is replaced by the
the tariff quota.
following:
(4)
As export refunds are fixed at 0 since 2008 export
‘Not later than the fifth working day following the
licence applications and licences should show the
expiry of the period for lodging licence applications,
Member States shall notify the Commission, for each
of the two parts of the quota and for each product
( 1 ) OJ L 299, 16.11.2007, p. 1.
code of the Combined Nomenclature, of the quantities
( 2 ) OJ L 318, 4.12.2009, p. 1.
( 3 ) OJ L 289, 30.10.2008, p. 3.
covered by licence applications or, where applicable,
( 4 ) OJ L 289, 30.10.2008, p. 1.
that no applications have been lodged.’;

---

L 81/38
EN
Official Journal of the European Union
21.3.2012
(b) in paragraph 2, the third and the fourth subparagraphs
referred to in Article 28(1) of the quantities for which
are replaced by the following:
licences were issued, broken down by product code of
the Combined Nomenclature.’;
‘If the application of the allocation coefficient results in
a quantity per applicant of less than 20 tonnes,
(b) in paragraph 2, the following subparagraph is added:
applicants may withdraw their applications. In such
cases, they shall notify the competent authority within
‘For the purposes of Article 6(2), the export licence shall
3 working days of publication of the Commission’s
also be valid for any of the products falling under the
decision. The security shall be released immediately.
codes referred to in the first subparagraph of
The competent authority shall notify the Commission,
Article 27(2).’;
within 8 working days of publication of the decision, of
the quantities broken down by product codes of the
(c) paragraph 5 is replaced by the following:
Combined Nomenclature, for which applications have
been withdrawn and for which the security has been
‘5. By
31
August
each
year
at
the
latest,
Member
released.
States shall notify the Commission for both parts of
the quota referred to in Article 28(1), and in respect
Where applications for licences are submitted for quan
to the previous 12-month period as referred to in
tities of product not exceeding the quotas referred to in
Article 28(1), broken down by product code of the
Article 28(1), the Commission shall allocate the
Combined Nomenclature:
remaining quantities in proportion to the quantities
applied for, by fixing an allocation coefficient. The
— the quantity for which licences were not issued or
amount resulting from the application of the coefficient
cancelled,
shall be rounded down to the nearest kg. The operators
shall inform the competent authority of the supple
— the quantity exported.’;
mentary quantity they accept, within a week from the
publication of the allocation coefficient. The security
(5) in Article 33, paragraph 1 is replaced by the following:
lodged shall be increased accordingly.’;
‘1. Chapter
II
shall
apply,
with
the
exception
of
Articles
7
(4) Article 32 is amended as follows:
and 10.’.
(a) in paragraph 1, the third subparagraph is replaced by
Article 2
the following:
This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.
‘Member States shall notify the Commission by the end
of February at the latest for both parts of the quota
It shall apply from the quota year 2012/13.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 March 2012.
For the Commission
The President
José Manuel BARROSO

---

Document Outline

• �

---