Commission Implementing Regulation (EU) No 411/2014 of 23 April 2014 opening and providing for the administration of a Union import tariff quota for fresh and frozen beef and veal originating in Ukraine

• CELEX: Implementing Regulation (EU) No 411/2014
• Articles: 8

Article 1 Opening and management of a tariff quota

1.   This Regulation opens and manages an import tariff quota for the products indicated in Annex I.

2.   The quantity of products covered by the quota referred to in paragraph 1, the applicable rate of customs duty and the order numbers shall be as set out in Annex I.

3.   The import tariff quota referred to in paragraph 1 shall be managed by attributing import rights as a first step and issuing import licences as a second.

4.   Regulations (EC) No 1301/2006, (EC) No 376/2008 and (EC) No 382/2008 shall apply, unless otherwise provided for in this Regulation.

Article 2 Import tariff quota period

The import tariff quota referred to in Article 1(1) shall be opened until 31 October 2014.

Article 3 Import rights applications

1.   Applications for import rights shall be submitted no later than 13.00, Brussels time, on the 15 th calendar day following the date of entry into force of this Regulation.

2.   A security of EUR 6 per 100 kilograms net weight shall be lodged at the time of submission of an import rights application.

3.   Applicants for import rights shall demonstrate that a quantity of beef falling under CN codes 0201 or 0202 has been imported by them or on their behalf under the relevant customs provisions, during the 12 th month period immediately prior to the import tariff quota period (hereinafter ‘reference quantity’). A company formed by the merger of companies, each having imported reference quantities, may use those reference quantities as basis for its application.

4.   The total quantity covered by applications for import rights submitted in the import tariff quota period shall not exceed the applicant's reference quantities. Applications not complying with this rule shall be rejected by the competent authorities.

5.   No later than the 7 th working day following the end of the period for the submission of applications referred to in paragraph 1, Member States shall notify the Commission of the total quantities applied for in kilograms of product weight.

6.   Import rights shall be awarded as from the 7 th and no later than the 12 th working day following the end of the period for the notifications referred to in paragraph 5.

7.   If application of the allocation coefficient referred to in Article 7(2) of Regulation (EC) No 1301/2006 results in fewer import rights to be allocated than had been applied for, the security lodged in accordance with paragraph 2 shall be released proportionally without delay.

8.   Import rights shall be valid from the day of the issue until 31 October 2014. Import rights shall not be transferable.

Article 4 Issue of import licences

1.   The release into free circulation of the quantities awarded under the import tariff quota referred to in Article 1(1) shall be subject to the presentation of an import licence.

2.   Import licence applications shall cover the total quantity of import rights allocated. This obligation shall constitute a primary requirement within the meaning of Article 19(2) of Regulation (EU) No 282/2012.

3.   Licence applications may be submitted solely in the Member State where the applicant has applied for and obtained import rights under the import tariff quota referred to in Article 1(1).

Each issue of import licence shall result in a corresponding reduction of the import rights obtained and the security lodged in accordance with Article 3(2) shall be released proportionally without delay.

4.   Import licences shall be issued upon application by and in the name of the operator who has obtained the import rights.

5.   Licence applications shall 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 descriptions shall be entered in boxes 15 and 16 of the licence application and the licence respectively.

6.   Licence applications and import licences shall contain:

(a)

in box 8, the name ‘Ukraine’ as country of origin and the box ‘yes’ marked by a cross;

(b)

in box 20, one of the entries listed in Annex II.

7.   Each licence shall mention the quantity for each CN code.

8.   By way of derogation from Article 5(3)(b) of Regulation (EC) No 382/2008, the import licences shall be valid 30 days from the actual day of issue of the licence within the meaning of Article 22(2) of Regulation (EC) No 376/2008. The term of validity of the import licences shall, however, expire at the latest on 31 October 2014.

Article 5 Notifications to the Commission

1.   By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission:

(a)

no later than 14 November 2014, of the quantities of products, including nil returns, for which import licences were issued during the quota period;

(b)

no later than 28 February 2015, of the quantities of products, including nil returns, covered by unused or partly used import licences and corresponding to the difference between the quantities entered on the back of the import licences and the quantities for which they were issued.

2.   No later than 28 February 2015, Member States shall notify the Commission of the quantities of products, which were actually released into free circulation during the import tariff quota period laid down in this Regulation.

3.   In the case of the notifications referred to in paragraphs 1 and 2, the quantities shall be expressed in kilograms of product weight.

Article 6 Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX I

ANNEX I

Notwithstanding the rules on the interpretation of the Combined Nomenclature, the wording of the description of products shall be regarded as merely indicative, since the applicability of the preferential arrangements is determined, within the context of this Annex, by the scope of the CN codes.

Order number

CN codes

Description

Quantity in tonnes (net weight)

Duty applicable

(EUR/t)

09.4270

0201 10 00

0201 20 20

0201 20 30

0201 20 50

0201 20 90

0201 30 00

0202 10 00

0202 20 10

0202 20 30

0202 20 50

0202 20 90

0202 30 10

0202 30 50

0202 30 90

Meat of bovine animals, fresh, chilled or frozen

12 000

0

ANNEX II

ANNEX II

Entries referred to in Article 4(6)(b)

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In Bulgarian: Регламент за изпълнение (ЕC) № 411/2014

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In Spanish: Reglamento de Ejecución (UE) n o 411/2014

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In Czech: Prováděcí nařízení (EU) č. 411/2014

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In Danish: Gennemførelsesforordning (EU) nr. 411/2014

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In German: Durchführungsverordnung (EU) Nr. 411/2014

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In Estonian: Rakendusmäärus (EL) nr 411/2014

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In Greek: Εκτελεστικός κανονισμός (ΕΕ) αριθ. 411/2014

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In English: Implementing Regulation (EU) No 411/2014

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In French: Règlement d'exécution (UE) n o 411/2014

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In Croatian: Provedbena uredba (EU) br. 411/2014

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In Italian: Regolamento di esecuzione (UE) n. 411/2014

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In Latvian: Īstenošanas regula (ES) Nr. 411/2014

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In Lithuanian: Įgyvendinimo reglamentas (ES) Nr. 411/2014

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In Hungarian: 411/2014/EU végrehajtási rendelet

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In Maltese: Regolament ta' Implimentazzjoni (UE) Nru 411/2014

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In Dutch: Uitvoeringsverordening (EU) nr. 411/2014

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In Polish: Rozporządzenie wykonawcze (UE) nr 411/2014

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In Portuguese: Regulamento de Execução (UE) n. o 411/2014

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In Romanian: Regulamentul de punere în aplicare (UE) nr. 411/2014

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In Slovak: Vykonávacie nariadenie (EÚ) č. 411/2014

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In Slovene: Izvedbena uredba (EU) št. 411/2014

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In Finnish: Täytäntöönpanoasetus (EU) N:o 411/2014

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In Swedish: Genomförandeförordning (EU) nr 411/2014.