Commission Implementing Regulation (EU) 2015/2077
of 18 November 2015
opening and providing for the administration of Union import tariff quotas for eggs, egg products and albumins originating in Ukraine
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(1), and in particular points (a), (c) and (d) of Article 187 thereof,
Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009(2) and in particular points (a), (b), (c) and (d) of Article 9 and point (a) of Article 16(1) thereof,
Whereas:
(1) By Council Decision 2014/668/EU(3), the Council authorised the signing, on behalf of the European Union, and provisional application, of the Association Agreement between the European Union and its Member States, of the one part, and the Ukraine, of the other part (‘the Agreement’). The Agreement provides for the elimination of customs duties on imports of goods originating in Ukraine in accordance with Annex I-A to Chapter I of the Agreement. The Appendix to that Annex I-A provides for import tariff quotas for eggs, egg products and albumins.
(2) Pending the entry into force of the Agreement, in accordance with Regulation (EU) No 374/2014 of the European Parliament and of the Council(4), import tariff quotas for eggs, egg products and albumins for 2014 and 2015 were opened and managed in accordance with Commission Implementing Regulation (EU) No 412/2014(5).
(3) The Agreement will be provisionally applied as of 1 January 2016. It is therefore necessary to open annual import tariff quota periods from 1 January 2016 onwards. In order to give due weight to the supply requirements of the Union existing and emerging production, processing and consumption market in terms of competitiveness, certainty and continuity of supply and the need to safeguard the equilibrium of that market, it is appropriate that those quotas are administered by the Commission in accordance with Article 184(2)(b) of Regulation (EU) No 1308/2013 and Article 14(3)(b) of Regulation (EU) No 510/2014.
(4) The import tariff quotas concerned should be managed through the use of import licences. To this end, Commission Regulation (EC) No 1301/2006(6) should apply, without prejudice to additional conditions laid down in this Regulation.
(5) Commission Regulation (EC) No 376/2008(7) lays down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products. That Regulation should apply to import licences issued in accordance with this Regulation, save where derogations are appropriate.
(6) For the appropriate administration of the tariff quotas, the security linked to the import licences should be lodged at the time of submission of a licence application.
(7) Commission Implementing Regulation (EU) No 1001/2013(8) has replaced some CN codes in Annex I to Council Regulation (EEC) No 2658/87(9) by new CN codes which now differ from those referred to in the Appendix to Annex I-A to Chapter I of the Agreement. The new CN codes should therefore be reflected in Annex I to this Regulation.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1).
Regulation (EU) No 374/2014 of the European Parliament and of the Council of 16 April 2014 on the reduction or elimination of customs duties on goods originating in Ukraine (OJ L 118, 22.4.2014, p. 1).
Commission Implementing Regulation (EU) No 412/2014 of 23 April 2014 opening and providing for the administration of Union import tariff quotas for eggs, egg products and albumins originating in Ukraine (OJ L 121, 24.4.2014, p. 32).
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 of import licences (OJ L 238, 1.9.2006, p. 13).
Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (OJ L 114, 26.4.2008, p. 3).
Commission Implementing Regulation (EU) No 1001/2013 of 4 October 2013 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 290, 31.10.2013, p. 1).
Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).