SECTION A — Method based on traditional trade flows
1. Where quota allocation takes account of traditional trade flows, one portion of the quota shall be reserved for traditional importers or exporters while the other shall be set aside for other importers or exporters.
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.
To qualify for the allocation of the part of the quota set aside for them, and to provide evidence of the imports or exports carried out during the reference period, traditional importers or exporters shall enclose with their licence applications:
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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,
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any equivalent evidence, as determined in accordance with the procedure referred to in Article 22(2).
Member States shall, within the period laid down in the notice opening the quota concerned, inform the Commission of the number and the aggregate amount of the import or export applications, broken down into those from traditional importers or exporters and other importers or exporters, and of the amount of the previous imports or exports carried out by the applicants during the reference period.
The Commission shall examine the information provided by the Member States at the same time and shall establish the quantitative criteria according to which traditional importers’ or exporters’ applications are to be met as follows:
(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.
The portion of the quota set aside for non-traditional importers or exporters shall be allocated in accordance with Article 12.
Where no applications are received from traditional importers or exporters, the importers or exporters that do apply shall have access to the whole quota or tranche concerned.
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
1. Where a quota or tranche of a quota is allocated on a ‘first come, first served’ basis the quantity to which operators are entitled until the quota is exhausted shall be determined in accordance with the procedure referred to in Article 22(2).
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
1. Where a quota is allocated in proportion to the quantities applied for, the competent authorities of the Member States shall inform the Commission of the licence applications they have received in compliance with the deadlines and conditions established in accordance with the procedure referred to in Article 22(2).
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
1. Quantities for redistribution shall be determined by the Commission on the basis of the information provided by Member States in accordance with Article 20.
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 .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
