HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
17.3.2011 Official
Journal
of
the
European
Union
L
70/1
II
(Non-legislative acts)
REGULATIONS
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,
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
Having regard to the Treaty on the Functioning of the European
of import licences ( 4 ).
Union,
(2) The
new
conditions
for
attributing
the
import
rights
and
Having regard to Council Regulation (EC) No 1234/2007 of
issuing the subsequent import licences for the quota at
22 October 2007 establishing a common organisation of agri
issue should be established, as regards the eligibility of
cultural markets and on specific provisions for certain agri
the applicants and the repartition of the imported
cultural products (Single CMO Regulation) ( 1 ), and in particular
volumes for the quota period as set out in Article 1(1)
Article 144(1) and Article 148, in conjunction with Article 4,
of Regulation (EC) No 616/2007.
thereof,
Having regard to Council Decision 2007/360/EC of 29 May
(3) In
order
to
avoid
speculative
activity
and
ensure
that
2007 on the conclusion of Agreements in the form of
import rights are attributed to genuine importers, it is
Agreed Minutes between the European Community and the
essential to set the historical reference quantity of poul
Federal Republic of Brazil, and between the European
trymeat imported established as a condition for the appli
Community and the Kingdom of Thailand pursuant to Article
cation for import rights at an appropriate level.
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,
(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
Whereas:
should be set at an appropriate level to ensure proper
management of the tariff quotas and satisfactory access
to them for operators.
(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
(5)
To oblige operators to apply for import licences for all
is appropriate to manage the quota opened by
the import rights allocated, it should be established that
Commission Regulation (EC) No 616/2007 ( 3 ) under
such obligation constitutes a primary requirement within
order number 09.4215 and Group No 5 allocated to
the meaning of Commission Regulation (EEC) No
Thailand, by attributing import rights as a first step
2220/85 of 22 July 1985 laying down common
and issuing import licences as a second, as provided
detailed rules for the application of the system of
securities for agricultural products ( 5 ).
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 138, 30.5.2007, p. 10.
( 4 ) OJ L 238, 1.9.2006, p. 13.
( 3 ) OJ L 142, 5.6.2007, p. 3.
( 5 ) OJ L 205, 3.8.1985, p. 5.

---

L 70/2
EN
Official Journal of the European Union
17.3.2011
(6) The
notification
period
established
in
Regulation
(EC)
No
Annex I Part XX to Regulation (EC) No 1234/2007 or prep
616/2007 for the national authorities to notify the
arations of CN code 0210 99 39 during each of the two
Commission of the quantities covered by issued
periods referred to in Article 5 of Regulation (EC)
licences is scheduled at a late stage compared to the
No 1301/2006.
moment of issuing. For a good management of the
quota, it is therefore advisable to advance this notifi
cation period in time.
Licence applications shall mention only one of the order-
numbers indicated in Annex I to this Regulation.
(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 appli
cations for import rights for the first subperiod
2.
By way of derogation from Article 5 of Regulation (EC)
commencing on 1 July 2011, from April 2011 to May
No 1301/2006 and from the first sub-paragraph of
2011.
paragraph 1 of this Article, import licences applicants may,
when presenting their first application as regards a given
quota period furnish proof that they processed, during
(8) Regulation
(EC)
No
616/2007
should
therefore
be
each of the two periods referred to in Article 5 of Regulation
amended accordingly.
(EC) No 1301/2006, at least 1 000 tonnes of poultrymeat of
CN codes 0207 or 0210 to produce preparations of poul
trymeat of CN code 1602 covered by Regulation (EC) No
1234/2007 or homogenised preparations of CN code
(9) Since
the
next
quota
period
begins
on
1
July
2011,
this
Regulation should apply as from that period.
1602 10 00 containing no other meat than poultrymeat.

(10) The
Management
Committee
for
the
Common
Organi
For the purposes of this paragraph, a “processor” shall be any
sation of the Agricultural Markets has not delivered an
person entered on the national VAT register of the Member
opinion within the time limit set by its Chairman,
State in which he is established, who provides proof of
processing activity, in the form of any commercial
document, to the satisfaction of the Member State
HAS ADOPTED THIS REGULATION:
concerned.
Article 1
Regulation (EC) No 616/2007 is amended as follows:
3. A
company
formed
by
a
merger
of
companies
each
having imported reference quantities may use those reference
quantities as basis for its applications.
1. in Article 3, the following paragraph is added:
4. By way of derogation from Article 6(1) of Regulation
‘3. The
annual
quantities
established
for
Group
No
5
shall
(EC) No 1301/2006, as regards Groups Nos 3, 6 and 8, each
be managed by attributing import rights as a first step and
applicant may lodge more than one application for import
issuing import licences as a second.’;
licences for products in one group where such products
originate in more than one country. Separate applications
for each country of origin must be submitted simultaneously
2. Articles 4, 5 and 6 are replaced by the following:
to the competent authority of a Member State. They shall be
regarded as a single application, for the purposes of the
maximum quantity referred to in paragraph 5 of this Article.
‘Article 4
1. For
the
purposes
of
applying
Article
5
of
Regulation
(EC) No 1301/2006 as regards groups other than Group
5. For
groups
other
than
Group
No
5,
licence
applications
No 5, import licence applicants shall, when presenting
must be for a minimum of 100 tonnes and a maximum of
their first application as regards a given quota period,
10 % of the quantity available for the quota concerned in the
furnish proof that they imported, during each of the two
period or subperiod in question.
periods referred to in Article 5 of Regulation (EC)
1301/2006, at least 50 tonnes of products covered by
Annex I Part XX to Council Regulation (EC)
No 1234/2007 (*) or preparation of CN code 0210 99 39.
However:
For the purposes of applying Article 5 of Regulation (EC)
No 1301/2006 as regards Group No 5, import rights
(a) for Groups Nos 2 and 3, the maximum quantity for
applicants shall, when presenting their first application for
licence or import rights applications shall be 5 % of
a given quota year, furnish proof that they imported a
the quantity available for the quota concerned in the
quantity of at least 250 tonnes of products covered by
period or subperiod in question;

---

EN
17.3.2011 Official
Journal
of
the
European
Union
L
70/3
(b) for Groups Nos 3, 6 and 8 the minimum quantity for
4. Import rights shall be awarded and licences shall be
licence applications shall be reduced to 10 tonnes.
issued from the 23rd day of the month in which appli
cations are submitted and at the latest by the last day of
that month. Import rights shall be valid from the first day of
the subperiod for which the application has been lodged, and
For Group No 5 import rights applications must be for a
until 30 June of the same import period and they are not
minimum of 100 tonnes and a maximum of 10 % of the
transferable.
quantity available for the quota concerned in the subperiod
in question.
6. Except for Groups Nos 3, 6 and 8, licences carry an
5. For
Group
No
5,
import
licence
applications
may
be
obligation to import from the country that is specified. For
lodged solely in the Member State where the applicant has
the groups concerned by this obligation, the country of
applied and obtained the import rights. For this group,
origin shall be entered in box 8 of the application and of
licences shall be issued on application by and in the name
the licence itself, and the word “yes” shall be marked with a
of the operator who has obtained the import rights.
cross.
7. Box 20 of the licence application and the licence shall
For Group No 5 a security of EUR 75 per 100 kilograms
contain one of the entries given in Annex II, Part A.
shall be lodged by the operator at the issuing of the import
licence. Each issuing of import licence shall result in a corre
sponding reduction of the import rights obtained and the
security lodged for import rights in accordance with
Box 24 of the licences shall contain one of the entries listed
paragraph 2 shall be released proportionally without delay.
in Annex II, Part B.
For Groups Nos 3 and 6 products, box 24 of the licence
shall contain one of the entries given in Annex II, Part C.
6. Import
licences
applications
shall
cover
the
total
quantity of import rights allocated. This obligation shall
constitute a primary requirement within the meaning of
Article 20(2) of Commission Regulation (EEC) No
For Group No 8 products, box 24 of the licence shall
2220/85 (**).
contain one of the entries given in Annex II, Part D.
Article 5
Article 6
1. Applications for import rights for Group No 5 and for
1. By
way
of
derogation
from
the
second
subparagraph
of
import licences for the other groups may be submitted only
Article 11(1) of Regulation (EC) No 1301/2006, Member
in the first seven days of the third month preceding each
States shall notify the Commission:
subperiod or, for Group No 3, in the first seven days of the
third month preceding the quota period.
However, applications for import rights for Group No 5 for
(a) for all Groups except No 5 and not later than the 10th
the subperiod commencing on 1 July 2011 may be
day of the month following the month in which appli
submitted only in the first seven days of May 2011.
cations were submitted, of the quantities covered by
licences they have issued;
2. A
security
of
EUR
50
per
100
kilograms
shall
be
lodged at the time of submission of the licence application
for groups other than Group No 5. However, for licence
(b) for Group No 5 and not later than the 10th day of the
applications concerning Groups Nos 1, 4 and 7, the
month following each subperiod, of the quantities
security shall be set at EUR 10 per 100 kilograms and for
covered by licences they have issued during that
import rights applications for Group No 5 the security shall
subperiod.
be set at EUR 6 per 100 kilograms.
3. Member
States
shall
notify
the
Commission,
by
the
2.
Member States shall notify the Commission, by the end
14th day of the month in which applications are submitted,
of the fourth month following the end of each annual
of the total quantities in kilograms requested, broken down
period, of the quantities actually released for free circulation
by group and origin.
under this Regulation during the period concerned.

---

L 70/4
EN
Official Journal of the European Union
17.3.2011
3. By
way
of
derogation
from
the
second
subparagraph
of 3. in Article 7, paragraph 1 is amended as follows:
Article 11(1) of Regulation (EC) No 1301/2006, Member
States shall notify the Commission of the quantities
covered by unused or partially used import licences and
(a) the second subparagraph is deleted;
corresponding to the difference between the quantities
entered on the back of the import licences and the quantities
for which they were issued:
(b) the following subparagraph is added:
(a) a first time together with the notifications referred to in
Article 5(3) of this Regulation regarding the applications
‘However, for Group No 5 licences shall be valid for 15
submitted for the last subperiod of the annual quota
working days from the actual date of issuing of the
period;
licence, in accordance with Article 22(2) of Commission
Regulation (EC) No 376/2008 (*). Import rights shall be
valid from the first day of the subperiod for which the
(b) a second and last time by the end of the fourth month
application has been lodged, and until 30 June of the
following the end of each annual period for quantities
same quota period.
not yet notified at the time of the first notification
provided for in point (a).
___________
(*) OJ L 114, 26.4.2008, p. 3.’.
For Group No 3, the notification referred to in point (a) of
the first subparagraph shall not apply.
Article 2
4. The
quantities
covered
by
paragraphs
1
and
3
shall
be
This Regulation shall enter into force on the seventh day
expressed in kilograms and broken down by group. The
following its publication in the Official Journal of the European
quantities covered by paragraph 2 shall be expressed in
Union.
kilograms and broken down by group and origin.
___________
(*) OJ L 299, 16.11.2007, p. 1.
It shall apply as from the quota period commencing on 1 July
(**) OJ L 205, 3.8.1985, p. 5.’;
2011.
This Regulation shall be binding in its entirety and directly applicable in the Member States.
Done at Brussels, 16 March 2011.
For the Commission
The President
José Manuel BARROSO

---