TITLE 2SPECIFIC RULES ON IMPORTS AT REDUCED DUTY

CHAPTER IIIImports under an import licence covered by an inward-monitoring arrangement (IMA 1) certificate

Section 2

F2F1Article 34a

1

The quotas shall be divided into two parts as referred to in Annex III.A:

a

quota No 09.4195 (hereafter called Part A) shall be distributed among Union importers who are approved according to the provisions of Article 7 and who can prove that they have imported under one of the quotas 09.4195 or 09.4182 in the course of the 24 months prior to the month of November preceding the quota year;

b

quota No 09.4182 (hereafter called Part B) shall be reserved for applicants:

  1. (i)

    who are approved according to the provisions of Article 7; and

  2. (ii)

    who can prove that during the 12-month period prior the month of November preceding the quota year that they imported into and/or exported from the Union at least 100 tonnes of milk or milk products covered by Chapter 04 of the Combined Nomenclature in at least four separate operations.

2

Applications for import licences may be lodged only:

a

from 20 to 30 November, for imports during the period from 1 January to 30 June following;

b

from 1 to 10 June, for imports during the period from 1 July to 31 December following;

c

from 1 to 10 September, for imports during the period from 1 October to 31 December following.

3

To be admissible, applications for import licences may cover, per applicant:

a

for Part A, no more than 125 % of the quantities that they have imported under the quotas 09.4195 or 09.4182, in the course of the 24-month period prior to the month of November preceding the quota year;

b

for Part B, not less than 20 tonnes and no more than 10 % of the available quantity for the subperiod and provided they are able to prove to the satisfaction of the competent authority of the Member State concerned that they fulfil the conditions laid down in point (b) of paragraph 1.

Subject to complying with the eligibility conditions, applicants may apply simultaneously under both parts of the quota.

The applications for import licences must be separate for Part A and for Part B.

4

Applications for import licences may be lodged only in the Member State where the approval pursuant to Article 7 has been granted, and must bear the importer’s approval number.

5

The proofs referred to in paragraphs 1 and 3 shall be furnished in accordance with the second subparagraph of Article 5 of Regulation (EC) No 1301/2006.

Those proofs shall be submitted at the time the applications for import licences are lodged and shall be valid for the relevant quota year.