Council Regulation (EC) No 717/2008 of 17 July 2008 establishing a Community procedure for administering quantitative quotas (Codified version)
Council Regulation (EC) No 717/2008of 17 July 2008establishing a Community procedure for administering quantitative quotas(Codified version)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,Having regard to the proposal from the Commission,Whereas:(1)Council Regulation (EC) No 520/94 of 7 March 1994 establishing a Community procedure for administering quantitative quotasOJ L 66, 10.3.1994, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). has been substantially amended several timesSee Annex I.. In the interests of clarity and rationality the said Regulation should be codified.(2)Under Article 14 of the Treaty, the internal market comprises, since 1 January 1993, an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured.(3)A system for administering quantitative quotas should therefore be established in line with that objective and based on the principle of a uniform common commercial policy, in accordance with the guidelines laid down by the Court of Justice of the European Communities.(4)There should be a choice between several allocation methods, depending on criteria such as the situation of the Community market, the type of product concerned, specific characteristics of the supplier countries and the Community’s international obligations, particularly those which undertake to allow for traditional trade flows.(5)Flexibility should be allowed in the redistribution of the quantities that are not allocated, assigned or used. However, to avoid possible excessive accumulation of imports, the question of whether such a redistribution after the end of the quota period is appropriate should be examined on a case-by-case basis and the relevant arrangements decided on, notably with regard to the period of validity of licences, taking into account the type of product in question and the purpose for which the quotas concerned were introduced.(6)The administration of import and export quotas should be based on a system of licences issued by the Member States in line with quantitative criteria established at Community level.(7)The administrative procedure should ensure that all applicants have fair access to quotas, and the documents issued should be such that they can be used throughout the Community.(8)If unused quantities are to be redistributed as efficiently as possible, reliable and full information is needed on the actual use made of import licences issued. For that purpose, all import licences, whether used or unused, should have to be returned to the competent national authorities within 10 working days of their expiry date at the latest.(9)The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the CommissionOJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11)..(10)The provisions of this Regulation and those governing its implementation should not prejudice existing national and Community rules concerning professional secrecy.(11)The products listed in Annex I to the Treaty, together with textiles and other products that are subject to specific common import arrangements laying down specific provisions as regards quota administration should be excluded from the scope of this Regulation,HAS ADOPTED THIS REGULATION: