Commission Implementing Regulation (EU) No 1373/2013

of 19 December 2013

laying down detailed rules for implementing the system of export licences in the pigmeat sector

(codification)

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)1, and in particular Article 161(3), the first paragraph of Article 170 and Article 192(2), in conjunction with Article 4 thereof,

Whereas:

(1)

Commission Regulation (EC) No 1518/2003 of 28 August 2003 laying down detailed rules for implementing the system of export licences in the pigmeat sector2 has been substantially amended several times3. In the interests of clarity and rationality the said Regulation should be codified.

(2)

Specific implementing rules should be laid down for export licences in the pigmeat sector which should in particular include provisions for the submission of applications and the information which is to appear on the applications and licences, in addition to those contained in 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 products4.

(3)

In order to assure the proper administration of the system of export licences, the rate of the security for export licences under that system should be fixed. In view of the risk of speculation inherent in the system in the pigmeat sector, export licences should not be transferable and precise conditions governing access by operators to the said system should be laid down.

(4)

In accordance with Article 169 of Regulation (EC) No 1234/2007 compliance with the obligations arising from agreements concluded under Article 218 of the Treaty regarding the export volume is to be ensured on the basis of the export licences. Therefore, a detailed schedule for the lodging of applications and for the issuing of licences should be laid down.

(5)

In addition, the decision regarding applications for export licences should be notified only after a period of consideration. This period should allow the Commission to assess the quantities applied for as well as the expenditure involved and, if appropriate, to take special measures applicable in particular to the applications which are pending. It is in the interest of operators to allow the licence application to be withdrawn after the acceptance coefficient has been fixed.

(6)

The Commission should have precise information concerning applications for licences and the use of licences issued, in order to be able to manage the licence system. In the interests of efficient administration, Member States should use the information systems in accordance with Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States’ notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments’ regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands5.

(7)

In the case of applications concerning quantities equal to or less than 25 tonnes, the export licence should be issued immediately if the operators requests it. In this case, the licences should not be subject to any special measures taken by the Commission.

(8)

In order to ensure an exact follow up of the quantities to be exported, a derogation from the rules regarding the tolerances laid down in Regulation (EC) No 376/2008 should be laid down.

(9)

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

HAS ADOPTED THIS REGULATION: