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Commission Implementing Regulation (EU) 2015/2081 of 18 November 2015 opening and providing for the administration of import tariff quotas for certain cereals originating in Ukraine

In forceVersion 2015-11-18from 2015-11-22
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Contents
  1. Preamble
    1. Article 1 Opening and providing for the administration of the tariff quotas
    2. Article 2 Rules for issuing import licences
    3. Article 3 Validity of import licences
    4. Article 4 Notifications
    5. Article 5 Entry into force
  3. ANNEX
  4. ANNEX

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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, and in particular Article 187(a) and (c) thereof,

Whereas:

(1) By Council Decision No 2014/668/EU, the Council authorised the signature, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and its Member States, on the one hand, and Ukraine, on the other. Title IV of the Agreement provides, in particular, for the reduction or removal of customs duties on goods from Ukraine in accordance with Annex I-A to the Agreement. Annex I-A to the Agreement provides, in particular, for the opening of tariff quotas for imports of certain cereals into the EU. Title IV of and Annex I-A to the Agreement shall apply provisionally from 1 January 2016.

(2) Consequently, tariff quotas for imports of cereals should be opened as from 2016. In addition, the Commission should administer some of these tariff quotas according to the method referred to in Article 184(2)(b) of Regulation (EU) No 1308/2013.

(3) To ensure that imports of cereals originating in Ukraine within these tariff quotas are orderly and not speculative, they should be made subject to the issue of import licences. Therefore Commission Regulations (EC) No 1301/2006, (EC) No 1342/2003 and (EC) No 376/2008 should apply, without prejudice to any derogations provided for by this Regulation.

(4) To ensure the proper management of these quotas, deadlines for the submission of import licence applications should be laid down and the information to be included in applications and licences should be specified.

(5) In the interests of efficient administration, when notifying the Commission, Member States should use the information systems provided for in Commission Regulation (EC) No 792/2009.

(6) Commission Implementing Regulation (EU) No 1006/2011 replaced the CN codes of the cereals referred to in Annex I to Council Regulation (EEC) No 2658/87 with new codes that differ from the codes referred to in the Association Agreement. The Annex to this Regulation should therefore refer to the new CN codes.

(7) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1 Opening and providing for the administration of the tariff quotas

1. Import tariff quotas for certain products originating in Ukraine and listed in the Annex to this Regulation shall be open annually from 1 January to 31 December starting in 2016.

2. The rate of import duty within the tariff quotas referred to in paragraph 1 is set at EUR 0 per tonne.

3. The tariff quotas referred to in paragraph 1 shall be managed according to the method referred to in Article 184(2)(b) of Regulation (EU) No 1308/2013.

4. Regulations (EC) No 376/2008, (EC) No 1301/2006 and (EC) No 1342/2003 shall apply, save as otherwise provided for in this Regulation.

Article 2 Rules for issuing import licences

1. Notwithstanding Article 6(1) of Regulation (EC) No 1301/2006, applicants may not submit more than one licence application per serial number and per week. Where applicants submit more than one application, none of those applications shall be admissible and the securities lodged when the applications were submitted shall be forfeited to the Member State concerned. Import licence applications shall be submitted to the competent authorities of the Member States each week no later than Friday at 13.00 (Brussels time). Each import licence application shall refer to a single order number. The application may concern several products. The description of the products and their CN code shall be referred to in Sections 15 and 16 respectively of the licence application and of the licence.

2. Each import licence application and each import licence shall indicate a quantity in kilograms (whole numbers) for each CN code. The total of the quantities indicated may not exceed the total quantity of the quota in question.

3. Import licences shall be issued on the fourth working day following the deadline provided for in Article 4(1) for the notification of the import licence applications.

4. Section 8 of the import licence application and of the import licence shall contain the name Ukraine and the Yes box shall be marked with a cross. The licences are valid solely for products originating in Ukraine.

Article 3 Validity of import licences

Import licences shall be valid from the period running from the actual day of issue, in accordance with Article 22(2) of Regulation (EC) No 376/2008, until the end of the second month following the month of that day.

Article 4 Notifications

1. No later than 18.00 (Brussels time) on the Monday following the week in which the import licence application was submitted, Member States shall send to the Commission a notification showing, by order number, each application with a reference to the origin of the product and the quantity applied for by CN code, including nil notifications. The notification shall be made in accordance with Regulation (EC) No 792/2009.

2. Member States shall communicate to the Commission, by electronic means, on the day of issue of the import licences, the information on the licences issued as referred to in Article 11(1)(b) of Regulation (EC) No 1301/2006, with the total quantities by CN code for which import licences have been issued.

Article 5 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.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 November 2015. For the Commission The President Jean-Claude Juncker

ANNEX

Anx. annex. Notwithstanding the rules on the interpretation of the Combined Nomenclature, the wording of the product description shall be regarded as merely indicative, since the applicability of the preferential arrangements is determined, within the context of this Annex, by virtue of the CN codes. When the CN code is preceded by ex, the application of the preferential arrangements is determined on the basis of the CN code and the description of the product. Order No CN code Description Period Quantity in tonnes 09.4306 100199 (00) Spelt, common wheat and meslin, other than seed Year 2016 Year 2017 Year 2018 Year 2019 Year 2020 Year 2021 and following years 950000 960000 970000 980000 990000 1000000 110100 (15-90) Common wheat flour and spelt flour, meslin flour 110290 (90) Cereal flour other than wheat, meslin, rye, maize, barley, oat, rice 110311 (90) Groats and meal of common wheat and spelt 110320 (60) Wheat pellets 09.4307 100390 (00) Barley, other than seed Year 2016 Year 2017 Year 2018 Year 2019 Year 2020 Year 2021 and following years 250000 270000 290000 310000 330000 350000 110290 (10) Barley flour ex110320 (25) Barley pellets 09.4308 100590 (00) Maize other than seed Year 2016 Year 2017 Year 2018 Year 2019 Year 2020 Year 2021 and following years 400000 450000 500000 550000 600000 650000 110220 (10-90) Maize flour 110313 (10-90) Groats and meal of maize 110320 (40) Maize pellets 110423 (40-98) Worked grains of maize

ANNEX

Notwithstanding the rules on the interpretation of the Combined Nomenclature, the wording of the product description shall be regarded as merely indicative, since the applicability of the preferential arrangements is determined, within the context of this Annex, by virtue of the CN codes. When the CN code is preceded by ex, the application of the preferential arrangements is determined on the basis of the CN code and the description of the product. Order No CN code Description Period Quantity in tonnes 09.4306 100199 (00) Spelt, common wheat and meslin, other than seed Year 2016 Year 2017 Year 2018 Year 2019 Year 2020 Year 2021 and following years 950000 960000 970000 980000 990000 1000000 110100 (15-90) Common wheat flour and spelt flour, meslin flour 110290 (90) Cereal flour other than wheat, meslin, rye, maize, barley, oat, rice 110311 (90) Groats and meal of common wheat and spelt 110320 (60) Wheat pellets 09.4307 100390 (00) Barley, other than seed Year 2016 Year 2017 Year 2018 Year 2019 Year 2020 Year 2021 and following years 250000 270000 290000 310000 330000 350000 110290 (10) Barley flour ex110320 (25) Barley pellets 09.4308 100590 (00) Maize other than seed Year 2016 Year 2017 Year 2018 Year 2019 Year 2020 Year 2021 and following years 400000 450000 500000 550000 600000 650000 110220 (10-90) Maize flour 110313 (10-90) Groats and meal of maize 110320 (40) Maize pellets 110423 (40-98) Worked grains of maize

Versions

  1. 2015-11-18

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