title: Commission Implementing Regulation (EU) 2017/1586 of 19 September 2017 amending Regulation (EC) No 1067/2008 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EC) No 1234/2007

text:
                  20.9.2017

                  EN

                  Official Journal of the European Union

                  L 241/12

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1586
      of 19 September 2017
      amending Regulation (EC) No 1067/2008 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EC) No 1234/2007
      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 1234/2007 (1), and in particular points (a) and (b) of the first paragraph of Article 187 thereof,
      Whereas:

                  (1)

                  Commission Regulation (EC) No 1067/2008 (2) provides for the opening of an overall tariff quota for the import of 3 112 030 tonnes of common wheat falling under CN code 1001 99 00 of a quality other than high quality, at a rate of EUR 12 per tonne. This overall tariff quota includes a subquota of 38 853 tonnes for the imports from Canada.

                  (2)

                  Pursuant to Council Decision (EU) 2017/38 (3), the Council agreed on the provisional application of the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part (‘the Agreement’).

                  (3)

                  Article 2.4 of the Agreement provides for the reduction or elimination of customs duties on goods originating in either Party in accordance with the tariff elimination schedules set out in Annex 2-A to the Agreement. Point 9 of that Annex provides for a duty-free tariff quota of 100 000 tonnes of common wheat of a quality other than high quality, falling under CN code 1001 99 00 and originating in Canada, for a period of 7 years. Point 6 of that Annex provides for transitional rules for the first year.

                  (4)

                  The Protocol on rules of origin and origin procedures, attached to the Agreement, sets out the rules to be applied as regards the proof of origin. It is therefore appropriate to lay down provisions on the presentation of a proof of origin in accordance with that Protocol.

                  (5)

                  Regulation (EC) No 1067/2008 should therefore be amended accordingly. The proposed amendments should apply as from 21 September 2017, the date of the provisional application of the Agreement, and therefore this Regulation should enter into force as soon as possible.

                  (6)

                  The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,

            HAS ADOPTED THIS REGULATION:
      Article 1
      Regulation (EC) No 1067/2008 is amended as follows:

                  (1)

                  Article 1 is replaced by the following:
                  ‘Article 1
                  1.   By way of derogation from the Common Customs Tariff, the import duty for common wheat falling under CN code 1001 99 00, of a quality other than high quality as defined in Annex II to Commission Regulation (EU) No 642/2010 (*1), shall be fixed in the framework of the quotas opened by this Regulation.
                  2.   The Common Customs Tariff shall apply to imports of the products referred to in this Regulation in excess of the quantities provided for in Articles 2 and 3.

                     (*1)  Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (OJ L 187, 21.7.2010, p. 5).’"

                  (2)

                  Article 2 is amended as follows:

                              (a)

                              paragraph 1 is replaced by the following:
                              ‘1.   A tariff quota for the import of 3 073 177 tonnes of common wheat falling under CN code 1001 99 00 of a quality other than high quality is hereby opened on 1 January of every year.
                              Duty on import within the tariff quota shall be levied at a rate of EUR 12 per tonne.’

                              (b)

                              paragraph 2 is replaced by the following:
                              ‘2.   From 2017 to 2023, a tariff quota for the import from Canada of 100 000 tonnes of common wheat falling under CN code 1001 99 00 of a quality other than high quality is hereby opened on 1 January of every year (order number 09.4124).
                              By way of derogation from the first subparagraph, for the year 2017, the quantity of the tariff quota shall be 27 778 tonnes.
                              Import within the tariff quota shall be duty-free.’

                  (3)

                  Article 3 is amended as follows:

                              (a)

                              paragraph 1 is replaced by the following:
                              ‘1.   The import tariff quota referred to in Article 2(1) shall be divided into three subquotas:

                                          —

                                          subquota I (order number 09.4123): 572 000 tonnes for the United States of America,

                                          —

                                          subquota II (order number 09.4125): 2 378 387 tonnes for third countries, except Canada and the United States of America,

                                          —

                                          subquota III (order number 09.4133): 122 790 tonnes for all third countries.’

                              (b)

                              paragraph 2 is replaced by the following:
                              ‘2.   Where, in the course of a year, it emerges that there is a serious shortfall in the take-up of subquota I, the Commission may, with the agreement of the third country concerned, adopt arrangements to transfer the unused quantities to the other subquotas, in accordance with the procedure referred to in Article 229(2) of Regulation (EU) No 1308/2013.’

                              (c)

                              in paragraph 3, the words ‘subquota III’ are replaced by the words ‘subquota II’.

                  (4)

                  In Article 4, paragraph 2 is replaced by the following:
                  ‘2.   Each licence application shall indicate a quantity in kilograms (whole numbers) which may not exceed:

                              —

                              in the case of subquota II referred to in Article 3(1), the total quantity opened for the subperiod concerned,

                              —

                              in the case of the quota referred to in Article 2(2) and of subquotas I and III referred to in Article 3(1), the total quantity opened for the year for the quota or subquota concerned.

                        The import licence application and the import licence shall mention a single country of origin.’

                  (5)

                  In Article 8, the following paragraph is added:
                  ‘By way of derogation from the first paragraph, the release into free circulation in the Union of common wheat of a quality other than high quality originating in Canada shall be conditional upon production of an origin declaration. The origin declaration shall be provided on an invoice or any other commercial document that describes the originating product in sufficient detail to enable its identification. The text of the origin declaration shall be as set out in Annex 2 to the Protocol on rules of origin and origin procedures to the Comprehensive Economic and Trade Agreement between Canada, of the one part, and the European Union and its Member States, of the other part (*2).

                     (*2)  OJ L 11, 14.1.2017, p. 23.’"

            Article 2
      This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
      It shall apply from 21 September 2017.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 19 September 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 347, 20.12.2013, p. 671.

         (2)  Commission Regulation (EC) No 1067/2008 of 30 October 2008 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EC) No 1234/2007 (OJ L 290, 31.10.2008, p. 3).

         (3)  Council Decision (EU) 2017/38 of 28 October 2016 on the provisional application of the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1080).


title: Commission Implementing Regulation (EU) No 38/2013 of 18 January 2013 on the issue of licences for the import of garlic in the subperiod from 1 March 2013 to 31 May 2013

text:
               19.1.2013

               EN

               Official Journal of the European Union

               L 16/14

         COMMISSION IMPLEMENTING REGULATION (EU) No 38/2013
   of 18 January 2013
   on the issue of licences for the import of garlic in the subperiod from 1 March 2013 to 31 May 2013
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 341/2007 (3) opens and provides for the administration of tariff quotas and introduces a system of import licences and certificates of origin for garlic and other agricultural products imported from third countries.

               (2)

               The quantities for which ‘A’ licence applications have been lodged by traditional importers and by new importers during the first seven working days of January 2013, pursuant to Article 10(1) of Regulation (EC) No 341/2007 exceed the quantities available for products originating in China.

               (3)

               Therefore, in accordance with Article 7(2) of Regulation (EC) No 1301/2006, it is now necessary to establish the extent to which the ‘A’ licence applications sent to the Commission by 14 January 2013 can be met in accordance with Article 12 of Regulation (EC) No 341/2007.

               (4)

               In order to ensure sound management of the procedure of issuing import licences, the present Regulation should enter into force immediately after its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Applications for ‘A’ import licences lodged pursuant to Article 10(1) of Regulation (EC) No 341/2007 during the first seven working days of January 2013 and sent to the Commission by 14 January 2013 shall be met at a percentage rate of the quantities applied for as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day 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, 18 January 2013.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

      (1)  OJ L 299, 16.11.2007, p. 1.

      (2)  OJ L 238, 1.9.2006, p. 13.

      (3)  OJ L 90, 30.3.2007, p. 12.

      ANNEX

                  Origin

                  Order number

                  Allocation coefficient

                  Argentina

                              —

                              Traditional importers

                  09.4104

                  100 %

                              —

                              New importers

                  09.4099

                  100 %

                  China

                              —

                              Traditional importers

                  09.4105

                  31,840168 %

                              —

                              New importers

                  09.4100

                  0,402717 %

                  Other third countries

                              —

                              Traditional importers

                  09.4106

                  100 %

                              —

                              New importers

                  09.4102

                  100 %


title: Commission Implementing Regulation (EU) 2015/1404 of 18 August 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               19.8.2015

               EN

               Official Journal of the European Union

               L 218/14

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1404
   of 18 August 2015
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   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 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day 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, 18 August 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

      (1)  OJ L 347, 20.12.2013, p. 671.

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

         Standard import values for determining the entry price of certain fruit and vegetables

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  164,5

                  MK

                  51,2

                  ZZ

                  107,9

                  0709 93 10

                  TR

                  126,8

                  ZZ

                  126,8

                  0805 50 10

                  AR

                  131,3

                  CL

                  152,1

                  UY

                  156,6

                  ZA

                  147,7

                  ZZ

                  146,9

                  0806 10 10

                  EG

                  253,2

                  IL

                  390,7

                  TR

                  145,0

                  US

                  339,9

                  ZZ

                  282,2

                  0808 10 80

                  AR

                  83,5

                  BR

                  92,3

                  CL

                  130,2

                  NZ

                  141,5

                  US

                  115,3

                  ZA

                  133,6

                  ZZ

                  116,1

                  0808 30 90

                  AR

                  77,5

                  CL

                  137,6

                  NZ

                  196,6

                  TR

                  133,8

                  ZA

                  106,7

                  ZZ

                  130,4

                  0809 30 10, 0809 30 90

                  MK

                  69,5

                  TR

                  129,6

                  ZZ

                  99,6

                  0809 40 05

                  BA

                  32,3

                  IL

                  99,6

                  MK

                  36,8

                  XS

                  57,7

                  ZZ

                  56,6

         (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.