HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 352/16
EN
Official Journal of the European Union
21.12.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 1246/2012
of 19 December 2012
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 and derogating from that Regulation for 2012-2013
THE EUROPEAN COMMISSION,
(5) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Management
Committee for the Common Organisation of Agricultural
Having regard to the Treaty on the Functioning of the European
Markets,
Union,
HAS ADOPTED THIS REGULATION:
Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri
Article 1
cultural markets and on specific provisions for certain agri
Amendment of Regulation (EC) No 616/2007
cultural products (Single CMO Regulation) ( 1 ), and in particular
Articles 144(1) and 148, in conjunction with Article 4 thereof,
Regulation (EC) No 616/2007 is amended as follows:
Whereas:
(1) In Article 1, paragraph 1 is replaced by the following:

‘1. The
tariff
quotas
in
Annex
I
to
this
Regulation
are
(1)
The Agreements in the form of an Exchange of Letters
hereby opened for imports of the products covered by the
between the European Union and Brazil and between the
agreements between the Union and Brazil, and the Union
European Union and Thailand, approved by Council
and Thailand, as approved by Decision 2007/360/EC and
Decision 2012/792/EU ( 2 ) provide for new quantities of
Council Decision 2012/792/EU (*).
processed poultry meat to be allocated to Brazil, Thailand
and other third countries. It is therefore appropriate to
amend Commission Regulation (EC) No 616/2007 (
The tariff quotas are opened on an annual basis for the

3 ) to
take into account the new quantities.
period from 1 July to 30 June.
___________
(*) OJ L 351, 21.12.2012, p. 47.’;
(2)
Regulation (EC) No 616/2007 provides for a specific
management method for the tariff quotas based on the
origin of the products concerned. The new quotas should
be managed in the same way.
(2) Article 3 is replaced by the following:
‘Article 3
(3) Regulation
(EC)
No
616/2007
should
therefore
be
amended accordingly.
1. With
the
exception
of
quotas
in
Groups
Nos
3,
4B,
5B
and 6B, the quantity established for the annual quota period
shall be spread out over four subperiods, as follows:
(4) The
Agreements
with
Brazil
and
Thailand
enter
into
force
on 1 March 2013 while the quotas concerned are
opened on an annual basis for the period from 1 July
(a) 30 % from 1 July to 30 September;
to 30 June. It is therefore appropriate to provide for
derogations from certain provisions of Regulation (EC)
(b) 30 % from 1 October to 31 December;
No 616/2007 as to be amended by this Regulation. In
particular, the annual quantity for the quota year
2012/2013 should be reduced on a pro rata basis.
(c) 20 % from 1 January to 31 March;
Furthermore, as it is not possible to lodge applications
in advance for the new quotas to enter into force on
1 March 2013 a single quota period should apply
(d) 20 % from 1 April to 30 June.
from 1 March 2013 until 30 June 2013 and a dero
gation should be laid down to the normal application
2. The
annual
quantity
established
for
quotas
in
Groups
period provided in Article 5(1) of Regulation (EC) No
Nos 3, 4B, 5B and 6B shall not be divided into subperiods.
616/2007. The validity period of import licences
should be amended accordingly.
3. The
annual
quantities
established
for
quotas
in
Groups
Nos 5A and 5B shall be managed by attributing import
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 351, 21.12.2012, p. 47.
rights as a first step and issuing import licences as a
( 3 ) OJ L 147, 5.6.2007, p. 3.
second.’;

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EN
21.12.2012 Official
Journal
of
the
European
Union L
352/17
(3) Article 4 is amended as follows:
(5) Article 6 is amended as follows:
(a) in paragraph 1, first and second subparagraphs, the
terms ‘Group No 5’ are replaced by ‘Groups Nos 5A
(a) paragraph 1 is amended as follows:
and 5B’;
(i) in point (a), the terms ‘Group No 5’ is replaced by
(b) in paragraph 4, the terms ‘Groups Nos 3, 6 and 8’ are
‘Groups Nos 5A and 5B’;
replaced by ‘Groups Nos 3, 6A, 6B and 8’;
(c) paragraph 5 is amended as follows:
(ii) point (b) is replaced by the following:
(i) in the first subparagraph, the terms ‘Group No 5’
‘(b) for Groups Nos 5A and 5B and not later than
are replaced by ‘Groups Nos 5A and 5B’;
the 10th day of the month following each
quota period or subperiod, of the quantities
covered by licences they have issued during
(ii) in the second subparagraph, point (b), the terms
that quota period or subperiod.’;
‘Groups No 3, 6 and 8’ are replaced by ‘Groups
Nos 3, 6A, 6B and 8’;
(b) in paragraph 3, the second subparagraph is replaced by
(iii) in the third subparagraph, the terms ‘Group No 5’
the following:
are replaced by ‘Groups Nos 5A and 5B’;
(d) in paragraph 6, the terms ‘Groups Nos 3, 6 and 8’ are
‘For Groups Nos 3, 4B, 5B and 6B, the notification
replaced by ‘Groups Nos 3, 6A, 6B and 8’;
referred to in point (a) of the first subparagraph shall
not apply.’;
(e) in paragraph 7, third subparagraph, the terms ‘Groups
Nos 3 and 6’ are replaced by ‘Groups Nos 3, 6A and
(c) paragraph 4 is replaced by the following:
6B’;
(4) Article 5 is amended as follows:
‘4. The
quantities
covered
by
paragraphs
1
and
3
shall be expressed in kilograms and broken down by
order number. The quantities covered by paragraph 2
(a) paragraph 1 is replaced by the following:
shall be expressed in kilograms and broken down by
order number and origin.’;
‘1. Applications for import rights for Groups Nos 5A
and 5B and for import licences for the other groups
(6) in Article 7, paragraph 1 is replaced by the following:
may be submitted only in the first seven days of the
third month preceding each quota period or subperiod.’;
‘1. By way of derogation from Article 22 of Commission
(b) in paragraph 2 the terms ‘Group No 5’ are replaced by
Regulation (EC) No 376/2008 (*), the import licences shall
‘Groups Nos 5A and 5B’ and the terms ‘Groups Nos 1,
be valid for 150 days from the first day of the quota period
4 and 7’ are replaced by ‘Groups 1, 4A, 4B and 7’;
or subperiod for which they were issued.
(c) paragraph 3 is replaced by the following:
For Groups Nos 5A and 5B licences shall be valid for 15
working days from the actual date of issuing, in accordance
with Article 22(2) of Regulation (EC) No 376/2008. Import
‘3. Member
States
shall
notify
the
Commission,
by
rights shall be valid from the first day of the quota period
the 14th day of the month in which applications are
or subperiod for which the application has been lodged, and
submitted, of the total quantities in kilograms requested,
until 30 June of the same quota period.
broken down by order number and origin.’;
(d) in paragraph 5, first and second subparagraphs, the
___________
terms ‘Group No 5’ is replaced by ‘Groups Nos 5A
(*) OJ L 114, 26.4.2008, p. 3.’;
and 5B’;

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L 352/18
EN
Official Journal of the European Union
21.12.2012
(7) Article 8 is replaced by the following:
09.4257, 09.4258, 09.4259, 09.4260, 09.4261, 09.4262,
09.4263, 09.4264 and 09.4265, referred to in Annex I to
‘Article 8
Regulation (EC) No 616/2007 as amended by Article 1 of
this Regulation, the following derogations shall apply:
1. Release
for
free
circulation
within
the
quotas
referred
to in Article 1 of this Regulation shall be subject to the
presentation of a certificate of origin issued by the
(a) the quota period is opened from 1 March to 30 June 2013
competent authorities of Brazil (for Groups Nos 1, 4A,
and the annual quantity is reduced by 67 %;
4B, and 7) or Thailand (for Groups Nos 2, 5A and 5B) in
accordance with Articles 55 to 65 of Regulation (EEC) No
(b) the subperiods set out in Article 3(1) of Regulation (EC) No
2454/93.
616/2007 shall not apply;
2. Paragraph
1
shall
not
apply
to
Groups
Nos
3,
6A,
6B (c) applications for import licences and import rights as referred
and 8.’;
to in Article 5(1) of that Regulation may be submitted only
in the first seven days of January 2013;
(8) Annex I is replaced by the text set out in the Annex to this
Regulation.
(d) the import licences for all Groups except those for Groups
Nos 5A and 5B shall be valid from 1 March 2013 until
Article 2
30 June 2013.
Derogations from Regulation (EC) No 616/2007
Article 3
For the quota period from 1 July 2012 to 30 June 2013 and as
Entry into force and application
regards the tariff quotas corresponding to order numbers
09.4251, 09.4252, 09.4253, 09.4254, 09.4255, 09.4256,
This Regulation shall enter into force on 1 January 2013.
This Regulation shall be binding in its entirety and directly applicable in the Member States.
Done at Brussels, 19 December 2012.
For the Commission
The President
José Manuel BARROSO

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EN
21.12.2012 Official
Journal
of
the
European
Union L
352/19
ANNEX
‘ANNEX I
Poultry meat, salted or in brine (*)
Country Group
No
Management
periodicity
Order number CN
code Customs
duty
Annual quantity
(tonnes)
Brazil
1 Quarterly 09.4211 ex
0210
99
39 15,4
% 170
807
Thailand
2 Quarterly 09.4212 ex
0210
99
39 15,4
% 92
610
Other
3 Annual 09.4213 ex
0210
99
39 15,4
% 828
(*) Applicability of the preferential arrangements is determined on the basis of the CN code and is subject to the meat salted or in brine
being poultrymeat of CN 0207.
Preparations of poultry meat other than turkey
Country Group
No
Management
periodicity
Order number CN
code Customs
duty
Annual quantity
(tonnes)
Brazil 4A Quarterly 09.4214 1602
32
19 8
% 79
477
09.4251 1602
32
11 630
/t 15
800
09.4252 1602
32
30 10,9
% 62
905
4B Annual 09.4253 1602
32
90 10,9
% 295
Thailand 5A Quarterly 09.4215 1602
32
19 8
% 160
033
09.4254 1602
32
30 10,9
% 14
000
09.4255 1602
32
90 10,9
% 2
100
09.4256 1602
39
29 10,9
% 13
500
5B Annual 09.4257 1602
39
21 630
/t 10
09.4258 ex
1602
39
85
( 1 ) 10,9
% 600
09.4259 ex
1602
39
85
( 2 ) 10,9
% 600
Other 6A Quarterly 09.4216 1602
32
19 8
% 11
443
09.4260 1602
32
30 10,9
% 2
800
6B Annual 09.4261 1602
32
11 630
/t 340
09.4262 1602
32
90 10,9
% 470
09.4263 1602
39
29 10,9
% 220
09.4264 ex
1602
39
85
( 1 ) 10,9
% 148
09.4265 ex
1602
39
85
( 2 ) 10,9
% 125
( 1 ) Processed duck, geese, guinea fowl meat, containing 25 % or more but less than 57 % by weight of poultry meat or offal.
( 2 ) Processed duck, geese, guinea fowl meat, containing less than 25 % by weight of poultry meat or offal.
Preparations of turkey meat
Country Group
No
Management
periodicity
Order number CN
code Customs
duty
Annual quantity
(tonnes)
Brazil
7 Quarterly 09.4217 1602
31 8,5
% 92
300
Other
8 Quarterly 09.4218 1602
31 8,5
% 11
596’

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Document Outline

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