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Council Regulation (EC) No 717/2008 CHAPTER I — GENERAL ADMINISTRATIVE PRINCIPLES

Article 1–Article 5 · 5 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

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1.   This Regulation establishes the rules governing the administration of quantitative import and export quotas, hereinafter referred to as ‘quotas’, whether autonomous or conventional, established by the Community. 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

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1.   Quotas shall be allocated among applicants as soon as possible after they have been opened. It may be decided, in accordance with the procedure referred to in Article 22(2), to allocate them in several tranches. 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

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The Commission shall publish a notice announcing the opening of quotas in the Official Journal of the European Union , setting out the allocation method chosen, the conditions to be met by licence applications, time limits for submitting them and a list of the competent national authorities to which they must be sent.

Article 4

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1.   All Community importers and exporters, no matter where they are established in the Community, may submit a single licence application for each quota or tranche of a quota to the competent authority of the Member State of their choice, drawn up in the official language or languages of the Member State concerned. 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

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The Commission shall ensure that the licences to be issued are for economically significant quantities, having regard to the nature of the product covered by the quota.

Back to Council Regulation (EC) No 717/2008 — full text

Articles on this page are reproduced verbatim from official open data. See the attribution line.

Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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