Legal provisions of COM(2007)585 - Community procedure for administering quantitative quotas (Codified version) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2007)585 - Community procedure for administering quantitative quotas (Codified version). |
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document | COM(2007)585 |
date | July 17, 2008 |
Contents
- CHAPTER I - GENERAL ADMINISTRATIVE PRINCIPLES
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- CHAPTER II - SPECIFIC RULES FOR THE DIFFERENT ADMINISTRATIVE METHODS
- SECTION - A
- Article 6
- Article 7
- Article 8
- Article 9
- Article 10
- Article 11
- SECTION - B
- Article 12
- SECTION - C
- Article 13
- SECTION - D
- Article 14
- CHAPTER III - RULES CONCERNING IMPORT OR EXPORT LICENCES
- Article 15
- Article 16
- Article 17
- Article 18
- Article 19
- Article 20
- Article 21
- CHAPTER IV - FINAL PROVISIONS
- Article 22
- Article 23
- Article 24
- Article 25
- Article 26
- Article 27
CHAPTER I - GENERAL ADMINISTRATIVE PRINCIPLES
Article 1
2. This Regulation shall not apply to products listed in Annex I to the Treaty, nor to other products that are subject to specific common import or export arrangements laying down special provisions for quota administration.
Article 2
2. Quotas may, inter alia, be administered using one of the following methods, or a combination of those methods:
(a) | a method based on traditional trade flows, in accordance with Articles 6 to 11; |
(b) | a method based on the order in which applications are submitted (on a ‘first come, first served’ basis), in accordance with Article 12; |
(c) | a method allocating quotas in proportion to the quantities requested when the applications are submitted (using the ‘simultaneous examination’ procedure), in accordance with Article 13. |
3. The allocation method to be used shall be determined in accordance with the procedure referred to in Article 22(2).
4. If it is apparent that none of the methods indicated in paragraph 2 of this Article is appropriate to the specific requirements of a quota which has been opened, any other appropriate method shall be determined in accordance with the procedure referred to in Article 22(2).
5. Quantities that are not allocated, assigned or used shall be redistributed in accordance with Article 14 in time to allow them to be used before the end of the period covered by the quota.
If it is found that it has not been possible to redistribute such quantities in time, their possible redistribution during the following quota period shall be decided on a case-by-case-basis, in accordance with the procedure referred to in Article 22(2).
6. Save where other provisions are adopted when the quota is set, the release for free circulation or export of products subject to quotas shall be conditional on the presentation of an import or export licence issued by the Member States in accordance with this Regulation.
7. Member States shall designate the administrative authorities competent to carry out implementing measures for which they are responsible under this Regulation. They shall notify the Commission of the authority thus designated.
Article 3
Article 4
Where a quota is limited to one or several regions of the Community, the application shall be made to the competent authorities in the Member State(s) of the region(s) in question.
2. Applications for licences shall be submitted in accordance with the arrangements determined in accordance with the procedure referred to in Article 22(2).
Article 5
CHAPTER II - SPECIFIC RULES FOR THE DIFFERENT ADMINISTRATIVE METHODS
SECTION - A
Method based on traditional trade flows
Article 6
2. Importers or exporters shall be deemed to be traditional if they are able to demonstrate that in the course of a previous period, to be known as ‘the reference period’ they have imported into the Community or exported from it the product or products covered by the quota.
3. The portion set aside for traditional importers or exporters, the reference period and the portion allocated to other applicants shall be determined in accordance with the procedure referred to in Article 22(2).
4. The allocation shall be carried out in accordance with the principles set out in Articles 7 to 11.
Article 7
— | a certified copy of the original of the entry for free circulation or export declaration made out in the name of the importer or exporter concerned or, where applicable, that of the operator whose activities they have taken over, |
— | any equivalent evidence, as determined in accordance with the procedure referred to in Article 22(2). |
Article 8
Article 9
(a) | where aggregate applications are equal to or less than the amount set aside for traditional importers or exporters, applications shall be met in full; |
(b) | where aggregate applications exceed the amount set aside for traditional importers or exporters, applications shall be met on a pro rata basis, calculated in accordance with each applicant’s share of the total reference imports or exports; |
(c) | where the use of this quantitative criterion would entail allocating amounts greater than those applied for, the excess quantities shall be reassigned following the procedure laid down in Article 14. |
Article 10
Article 11
In such cases, the allocation shall be carried out following the procedure laid down in Article 12.
SECTION - B
Method based on the order in which applications are submitted
Article 12
In setting that quantity, the same for all operators, allowance shall be made for the need to assign economically significant quantities having regard to the nature of the product concerned.
2. When the competent authorities have checked the Community balance still available, they shall assign to each importer or exporter the quantity determined in accordance with paragraph 1 of this Article.
3. When licence-holders can prove that they have indeed imported or exported the total quantity for which they were issued a licence or a portion to be determined in accordance with the procedure referred to in Article 22(2), they may submit a new licence application. This application shall be processed in accordance with the same conditions as previously. This procedure may be repeated until the quota is exhausted.
4. To ensure that all applicants have equal access to the quota, the Commission shall specify the dates and times of access to the Community balance available in the notice opening the quota.
SECTION - C
Method allocating quotas in proportion to the quantities requested
Article 13
That information shall specify the number of applicants and the aggregate quantities applied for.
2. Within the deadline set in accordance with the procedure referred to in Article 22(2), the Commission shall examine the information provided by the competent authorities of the Member States at the same time, and shall determine the quantity of the quota or of the tranches concerned for which those authorities are to issue import or export licences.
3. Where aggregate licence applications are equal to, or less than, the quantity of the quota concerned, applications shall be met in full.
4. Where aggregate applications exceed the quantity of the quota concerned, they shall be met on a pro rata basis, in proportion to the quantities applied for.
SECTION - D
Allocation of quantities for redistribution
Article 14
2. Where the quota is initially allocated using the method laid down in Article 12, the Commission shall immediately add the quantities for redistribution to any amounts still available, or use them to reconstitute the quota if the latter is exhausted.
3. Where the quota is initially allocated using another method, the quantities for redistribution shall be assigned in accordance with the procedure referred to in Article 22(2).
In that case, the Commission shall publish an additional notice in the Official Journal of the European Union.
CHAPTER III - RULES CONCERNING IMPORT OR EXPORT LICENCES
Article 15
2. In other cases the following shall apply:
(a) | the Commission shall notify the competent authorities in the Member States, within a period to be determined in accordance with the procedure referred to in Article 22(2), of the quantities for which they issue licences to the various applicants. It shall inform the other Member States thereof; |
(b) | the competent authorities in the Member States shall issue import or export licences within 10 working days of notification of the Commission Decision or within the time limit set by the Commission; |
(c) | the competent authorities shall inform the Commission that import or export licences have been issued. |
Article 16
Article 17
Where a quota is limited to one or several regions of the Community, import or export licences shall be valid only in the Member State(s) of the region(s) in question.
2. The period of validity of import or export licences to be issued by the competent authorities of the Member States shall be four months. However, a different period of validity may be set in accordance with the procedure referred to in Article 22(2).
3. The holders of import or export licences may, on request, obtain extracts thereof from the competent authorities which issued the licences in the Member State concerned.
Such extracts shall have the same legal effects as the licences from which they are derived, up to the quantity for which the licences were issued.
4. Applications for import or export licences, licences and extracts shall be drawn up on forms conforming to a specimen the characteristics of which shall be established in accordance with the procedure referred to in Article 22(2).
Article 18
Article 19
2. Where the issue of import or export licences is conditional upon the lodging of a security, the security shall, except in cases of force majeure, be forfeit where the time limit referred to in paragraph 1 is not complied with.
Article 20
Article 21
CHAPTER IV - FINAL PROVISIONS
Article 22
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
Article 23
Article 24
2. The Council, the Commission and the Member States, and those acting on their behalf, shall not disclose information in respect of which a duly substantiated request for confidential treatment has been lodged, except where express authorisation is granted by the party providing the information.
3. This Article shall not prevent the Community authorities from disclosing information of a general nature, in particular the grounds on which decisions are taken pursuant to this Regulation, or evidence used by them to justify their arguments in the event of legal proceedings. Such disclosure must take into account the legitimate interest of the parties concerned in preserving commercial confidentiality.
Article 25
Article 26
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
Article 27
This Regulation shall be binding in its entirety and directly applicable in all Member States.