Commission Implementing Regulation (EU) No 413/2014 of 23 April 2014 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine

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

2 The quantity of products covered by the quotas 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 quotas 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 and (EC) No 376/2008 shall apply, unless otherwise provided for in this Regulation.

The tariff quotas referred to in Article 1 shall be open until 31 October 2014.

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

2 A security of EUR 35 per 100 kilograms shall be lodged at the time of submission of an import rights application.

3 Applicants for import rights shall demonstrate that a quantity of poultry products falling under CN codes 0207, 02109939, 160231, 160232 or 16023921 has been imported by them or on their behalf under the relevant customs provisions, during the 12 month period immediately prior to the import tariff quota period (hereinafter ‘reference quantity’). A company formed by the merger of companies, each having an imported reference quantity, may combine those reference quantities as a basis for its application.

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

5 No later than the 7th 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 of all applications in kilograms of product weight and broken down by order number.

6 Import rights shall be awarded as from the 7th and no later than the 12th working day following the end of the period for the notification 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.

1 The release into free circulation of the quantities awarded under the import tariff quotas 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 only in the Member State where the applicant has applied for and obtained import rights under the import tariff quotas referred to in Article 1(1).

4 A security of EUR 75 per 100 kilograms shall be lodged by the operator at the time of issue of the import licence. Each issue of an import licence shall result in a corresponding reduction of the import rights obtained and the security lodged for import rights shall be released proportionally without delay.

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

6 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.

7 Licence applications and import licences shall contain: (a) in box 8, the name ‘Ukraine’ as country of origin and box ‘yes’ marked by a cross; (b) in box 20, one of the entries listed in Annex II.

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

9 In accordance with Article 22(2) of Regulation (EC) No 376/2008, the import licences shall be valid for 30 days from the actual day of issue of the licence. The term of validity of the import licences shall, however, expire at the latest on 31 October 2014.

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 by this Regulation.

3 In the case of the notifications referred to in paragraphs 1 and 2, the quantity shall be expressed in kilograms and broken down by order number.

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