Allocation coefficient and suspension of the submission of licence applications
Article 10
1. Except for import tariff quotas managed with documents issued by third countries and export tariff quotas managed by third countries, the Commission shall calculate an allocation coefficient for each tariff quota. Member States shall apply the coefficient to the quantities covered by each licence application notified to the Commission. The allocation coefficient shall be calculated on the basis of the information notified by the Member States and using the method set out in paragraph 3. 2. The Commission shall make public the allocation coefficient for each tariff quota by appropriate web-publication no later than on the 22nd day of the month in which the Member States notified the quantities applied for to the Commission. Where the application was lodged between 23 and 30 November, the allocation coefficient shall be made public no later than on 14 December. 3. Unless provided otherwise in Title III, the allocation coefficient for licences shall not exceed 100 %, and shall be calculated as follows: [(available quantity/requested quantity) × 100] %. The allocation coefficient shall be rounded to six digits. The Commission shall adjust the allocation coefficient in order to ensure that the quantities available for the import or export tariff quota period or sub-period are not exceeded. 4. If the quota quantity for a sub-period or under the system of monthly application is exhausted, the Commission shall suspend the submission of further applications until the end of the tariff quota period or sub-period. The suspension shall be lifted when quantities become available within the same tariff quota period following notification of unused quantities. The Commission shall notify to licence issuing authorities of Member States the suspension, the lifting of it and the available quantity within a tariff quota by appropriate web-publication. 5. Import and export licences shall be issued for the quantities calculated multiplying the quantities in import or export licence applications by the allocation coefficient. The quantity resulting from the application of the allocation coefficient shall be rounded down to the nearest unit. 6. Quantities not allocated or not used during a sub-period shall be determined on the basis of the information notified by Member States to the Commission. Such quantities shall be added to the quantities available for redistribution within the same import or export tariff quota period. 7. Before calculating the allocation coefficient for tariff quotas for which prior compulsory registration of operators pursuant to Article 11 of Delegated Regulation (EU) 2020/760 is required, the Commission may request the competent licence issuing authority to verify the LORI record of the applicants. Such request shall be made by the 15th day, 13.00 Brussels time, of the month in which the Member States notified the quantities applied for. However, for quantities notified by 6 December, such request shall be made by 8 December, 13.00 Brussels time. Licence issuing authorities shall provide the Commission with an email address to which the requests should be addressed. 8. Licence issuing authorities shall reply to Commission requests referred to in paragraph 7 before the 21st day, 13.00 Brussels time, of the month following the request. 9. For requests submitted by 8 December, the licence issuing authority shall reply before 7 January, 13.00 Brussels time. 10. Where the licence issuing authority does not reply to the Commission within the time limits set out in paragraphs 8 and 9, the licence issuing authority shall not accept any further licence application submitted by the operator concerned.