Commission Implementing Regulation (EU) No 415/2014 of 23 April 2014 amending and derogating from Regulation (EC) No 2535/2001 as regards the management of the tariff quotas for dairy products originating in Ukraine
Commission Implementing Regulation (EU) No 415/2014of 23 April 2014amending and derogating from Regulation (EC) No 2535/2001 as regards the management of the tariff quotas for dairy products originating in Ukraine THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007OJ L 347, 20.12.2013, p. 671., and in particular points (a) and (c) of Article 187 thereof,Whereas:(1)Regulation (EU) No 374/2014 of the European Parliament and of the CouncilRegulation (EU) No 374/2014 of the European Parliament and of the Council of 16 April 2014 on the reduction or elimination of customs duties on goods originating in Ukraine (OJ L 118, 22.4.2014, p. 1). provides for preferential arrangements for 2014 as regards the customs duties for the import of certain goods originating in Ukraine. In accordance with Article 3 of that Regulation the agricultural products listed in Annex III thereto are to be admitted for import into the Union within the limits of the tariff quotas as set out in that Annex. The quotas referred to in Annex III to Regulation (EU) No 374/2014 are to be administered by the Commission in accordance with Article 184(2)(b) of Regulation (EU) No 1308/2013.(2)Annex III to Regulation (EU) No 374/2014 includes tariff quotas for milk and milk products. It is necessary to include those quotas in Annex I to Commission Regulation (EC) No 2535/2001Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (OJ L 341, 22.12.2001, p. 29). and to insert in Article 19 of that Regulation a reference to the relevant rule on the proof of origin which is required to import under those quotas.(3)Since the quotas referred to in Annex III to Regulation (EU) No 374/2014 are open only until 31 October 2014, the period of lodging import licence applications and the period of validity of import licences should be specified.(4)According to Article 10(1) of Commission Regulation (EC) No 2535/2001, importers approved in May 2013 can import under quotas only during the period from 1 July 2013 to 30 June 2014. As the quotas opened for Ukraine are exceptionally running over two consecutive six-months periods, approved importers could only import until 30 June 2014 whilst the concerned quotas are open until 31 October 2014. It is therefore appropriate to enable those importers to import under the quotas referred to in Annex III to Regulation (EU) No 374/2014 until 31 October 2014.(5)Commission Implementing Regulation (EU) No 1001/2013Commission Implementing Regulation (EU) No 1001/2013 of 4 October 2013 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 290, 31.10.2013, p. 1)., has replaced some CN codes in Annex I to Council Regulation (EEC) No 2658/87Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1). by new CN codes which now differ from those referred to in Regulation (EU) No 374/2014. The new CN codes should therefore be reflected in Annex I to Regulation (EC) No 2535/2001.(6)Regulation (EC) No 2535/2001 should therefore be amended accordingly.(7)Since the quotas referred to in Annex III to Regulation (EU) No 374/2014 are open only until 31 October 2014, this Regulation should enter into force as soon as possible.(8)The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,HAS ADOPTED THIS REGULATION:
Article 1Regulation (EC) No 2535/2001 is amended as follows:(a)In Article 5, the following point (l) is added:"(l)the quotas referred to in Part L of Annex I"(b)In Article 19(1), the following point (j) is added:"(j)Article 2(a) of Regulation 374/2014 of the European Parliament and of the CouncilRegulation (EU) No 374/2014 of the European Parliament and of the Council of 16 April 2014 on the reduction or elimination of customs duties on goods originating in Ukraine (OJ L 118, 22.4.2014, p. 1)".
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Regulation (EU) No 374/2014 of the European Parliament and of the Council of 16 April 2014 on the reduction or elimination of customs duties on goods originating in Ukraine (OJ L 118, 22.4.2014, p. 1)"(c)In Annex I, a new Part L is added, the text of which is set out in the Annex to this Regulation.
Article 2Licence applications for the quotas referred to in Part L of Annex I to Regulation (EC) No 2535/2001 as added by Article 1(c) of this Regulation, shall be submitted no later than 13.00, Brussels time, on the 10th calendar day following the date of entry into force of this Regulation.Licences issued shall be valid from the day of their issue until 31 October 2014.
Article 3By way of derogation from the second subparagraph of Article 10(1) of Regulation (EC) No 2535/2001, importers approved in 2013 and in 2014 are authorised to import under the quotas referred to in Part L of Annex I to Regulation (EC) No 2535/2001 as added by Article 1(c) of this Regulation, until 31 October 2014.
Article 4This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 23 April 2014.For the CommissionThe PresidentJosé Manuel BarrosoANNEX
"I. LTARIFF QUOTAS REFERRED TO IN ANNEX III OF REGULATION (EU) No 374/2014Notwithstanding 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."
QuotaNumberCN CodeDescriptionCountry of originImport periodQuota quantity(in tonnes in product weight)Import duty (EUR/100 kg net weight)
09. 46000401UKRAINEUntil 31 October 201480000
040291
040299
04031011
04031013
04031019
04031031Milk and cream, not in powder, granules or other solid forms; yoghurt, not flavoured or containing added fruit, nuts or cocoa; fermented or acidified milk products, not flavoured or containing added fruit, nuts or cocoa and not in powder, granules or other solid forms
04031033
04031039
04039051
04039053
04039059
04039061
04039063
04039069
09. 4601040210UKRAINEUntil 31 October 201415000
040221
040229Milk and cream, in powder, granules or other solid forms; fermented or acidified milk products, in powder, granules or other solid forms, not flavoured or containing added fruit, nuts or cocoa; products consisting of natural milk constituents, not elsewhere specified or included
04039011
04039013
04039019
04039031
04039033
04039039
04049021
04049023
04049029
04049081
04049083
04049089
09. 4602040510UKRAINEUntil 31 October 201415000
04052090Butter and other fats and oils derived from milk; dairy spreads of a fat content, by weight, of more than 75 % but less than 80 %
040590
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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."