Commission Regulation (EC) No 442/2009 (repealed)Show full title

Commission Regulation (EC) No 442/2009 of 27 May 2009 opening and providing for the administration of Community tariff quotas in the pigmeat sector (repealed)

CHAPTER IU.K. GENERAL PROVISIONS

Article 1U.K.Opening and management of tariffs

1.This Regulation opens and manages import tariff quotas for the pigmeat sector products indicated in Annex I.

2.The tariffs indicated in Annex I, Part A, to this Regulation shall be managed in accordance with Articles 308a, 308b and 308c(1) of Regulation (EEC) No 2454/93. Article 308c(2) and (3) of that Regulation shall not apply.

3.The quotas indicated in Annex I, part B shall be managed using the simultaneous examination of applications method.

4.As regards the tariffs indicated in Annex I, part B to this Regulation, the provisions of Regulation (EC) No 1301/2006 and Regulation (EC) No 376/2008 shall apply, unless otherwise provided in this Regulation.

Article 2U.K.Import tariff period

The tariffs referred to in Article 1 shall be open on an annual basis from 1 July of each year until 30 June of the following year, with the exception of the tariff bearing order No 09.0119 which shall be open from 1 January to 31 December of each year.

Article 3U.K.Products falling within CN codes ex 0203 19 55 and ex 0203 29 55

1.For the purposes of this Regulation, of the products coming under CN codes ex 0203 19 55 and ex 0203 29 55, quotas bearing order numbers 09.4038, 09.0118 and 09.4170 shall comprise:

(a) ‘boneless loins’

:

loins and cuts thereof, without tenderloin, with or without subcutaneous fat or rind;

(b) ‘tenderloin’

:

cuts including the meats of muscles musculus major psoas and musculus minor psoas, with or without head, trimmed or not trimmed.

[F12. For the purposes of this Regulation, of the products coming under CN codes ex 0203 19 55 and ex 0203 29 55 , quotas bearing order numbers 09.4038 and 09.0123 shall include ham and cuts of ham.]

Textual Amendments

CHAPTER IIU.K. TARIFFS MANAGED USING THE SIMULTANEOUS EXAMINATION OF APPLICATIONS METHOD

Article 4U.K.Quota allocation

The quantity set for the annual tariff quota period referred to in Annex I, part B, shall be allocated in four tariff subperiods as follows:

(a)

25 % from 1 July to 30 September;

(b)

25 % from 1 October to 31 December;

(c)

25 % from 1 January to 31 March;

(d)

25 % from 1 April to 30 June.

Article 5U.K.Applicants

For the purposes of applying Article 5 of Regulation (EC) No 1301/2006, import licence applicants shall, when submitting their first application for a given annual quota period, furnish proof that they imported or exported, during each of the two periods referred to in that Article, at least 50 tonnes of products from the pigmeat sector within the meaning of Article 1(1)(q) of Regulation (EC) No 1234/2007.

Article 6U.K.Import licence applications and import licences

1.Licence applications may refer to only one order number. They may concern several products covered by different CN codes. In that case, all the CN codes and their designations must be entered in boxes 16 and 15 of the licence application and the licence respectively.

2.Licence applications must be for a minimum of 20 tonnes and a maximum of 20 % of the quantity available for the quota concerned in the quota subperiod in question.

3.Licence applications and licences themselves shall contain:

(a)in box 8, the name of the country of origin;

(b)in box 20, one of the entries listed in Annex II, Part A.

[F1For tariff 09.4170, ‘ yes ’ in box 8 is also marked by a cross.]

4.Box 24 of the licence shall contain one of the references appearing in Annex II, part B.

[F15. The licences shall require imports from the United States of America in respect of tariff No 09.4170.]

6.Import licence applications shall be lodged during the first seven days of the month preceding each tariff subperiod referred to in Article 4.

7.A security of EUR 20 per 100 kilograms shall be lodged at the time of submitting a licence application.

8.As regards tariff No 09.4038, by way of derogation from Article 6(1) of Regulation (EC) No 1301/2006, each applicant may submit several import licence applications for products covered by a single order number, if those products originate in different countries. Applications relating to separate countries of origin must be submitted simultaneously to the competent authority of a Member State. They shall be regarded as a single application for the purposes of the maximum referred to in paragraph 2 of this Article.

Textual Amendments

Article 7U.K.Issue of import licences

Import licences shall be issued by Member States from the 23rd day of the month in which applications are submitted and prior to the start of the relevant tariff subperiod.

Article 8U.K.Transmission to the Commission

1.The communication of licence applications, as referred to in Article 11(1)(a) of Regulation (EC) No 1301/2006, shall take place by the 14th day of the month in which applications are submitted.

2.By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006:

(a)communication as referred to in Article 11(1)(b) of the said Regulation shall be carried out by the end of the first month of each tariff subperiod;

(b)communication as referred to in Article 11(1)(c) of the said Regulation shall be carried out for the first time at the same time as the application for the last tariff subperiod, and for the second time prior to the end of the fourth month following each annual period for quantities not yet notified at the time of the first communication.

3.Member States shall communicate to the Commission, before the end of the fourth month following each annual quota period, the quantities, for each order number, actually released into free circulation under this Regulation in the period concerned.

4.The quantities covered by paragraphs 1, 2 and 3 above shall be expressed in kilograms.

Article 9U.K.Validity of import licences

1.By way of derogation from Article 22 of Regulation (EC) No 376/2008, import licences shall be valid for 150 days from the first day of the tariff subperiod for which they are issued.

2.Without prejudice to Article 8(1) of Regulation (EC) No 376/2008, rights deriving from the licences may be transferred only to transferees satisfying the eligibility conditions set out in Article 5 of Regulation (EC) No 1301/2006 and Article 5 of this Regulation.

Article 10U.K.Origin of products

1.The origin of the products covered by this Regulation shall be determined in accordance with the Community rules in force.

2.As regards tariff No 09.4170, when goods are released into free circulation they shall be subject to the presentation of a certificate of origin issued by the competent authorities of the United States of America in accordance with Articles 55 to 65 of Regulation (EEC) No 2454/93.

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Textual Amendments

CHAPTER IIIU.K. FINAL PROVISIONS

Article 11U.K.Repeals

Regulations (EC) No 806/2007, (EC) No 812/2007, (EC) No 979/2007 and (EC) No 1382/2007 are repealed.

However, Regulation (EC) No 1382/2007 shall continue to apply for import tariff periods prior to 1 January 2010.

Regulations (EC) No 806/2007, (EC) No 812/2007 and (EC) No 979/2007 shall continue to apply for import tariff periods prior to 1 July 2009.

Article 12U.K.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.

It shall apply to the import quota periods opened from 1 July 2009. Nevertheless, as regards tariff No 09.0119, it shall apply to the import tariff periods opened from 1 January 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States.