title: Commission Implementing Regulation (EU) 2017/2197 of 27 November 2017 on the reimbursement, in accordance with Article 26(5) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council, of the appropriations carried over from financial year 2017

text:
               28.11.2017

               EN

               Official Journal of the European Union

               L 312/86

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2197
   of 27 November 2017
   on the reimbursement, in accordance with Article 26(5) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council, of the appropriations carried over from financial year 2017
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 26(6) thereof,
   After consulting the Committee on the Agricultural Funds,
   Whereas:

               (1)

               In accordance with Article 169(3) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (2) non-committed appropriations relating to the actions financed by the European Agricultural Guarantee Fund (EAGF) as referred to in Article 4(1) of Regulation (EU) No 1306/2013 may be carried over to the following financial year. Such carryover is limited to 2 % of the initial appropriations and to the amount of the adjustment of direct payments as referred to in Article 8 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council (3) which was applied during the preceding financial year. It may lead to an additional payment to the final recipients who were subject to that adjustment.

               (2)

               In accordance with Article 26(5) of Regulation (EU) No 1306/2013, by way of derogation from Article 169(3) of Regulation (EU, Euratom) No 966/2012, Member States are to reimburse the carryover referred to in Article 169(3) of Regulation (EU, Euratom) No 966/2012 to the final recipients who are subject to the adjustment rate in the financial year to which the appropriations are carried over. That reimbursement only applies to final beneficiaries in those Member States where financial discipline applied (4) in the preceding financial year.

               (3)

               When setting the amount of the carryover to be reimbursed, in accordance with Article 26(7) of Regulation (EU) No 1306/2013 the amounts of the reserve for crises in the agricultural sector referred to in Article 25 of that Regulation, not made available for crisis measures by the end of the financial year, are to be taken into account.

               (4)

               In accordance with Article 1(1) of Commission Implementing Regulation (EU) 2016/1948 (5), financial discipline is applied to direct payments in respect of calendar year 2016 to establish the crisis reserve of EUR 450,5 million. The crisis reserve has not been called on in financial year 2017.

               (5)

               In order to ensure that the reimbursement to the final recipients of unused appropriations as a result of the application of financial discipline remains proportionate to the amount of the financial discipline adjustment, it is appropriate that the Commission determines the amounts available to the Member States for the reimbursement. However, in the case of Romania, the detailed declaration of expenditure does not fully take into account the threshold of EUR 2 000 that applies to financial discipline in accordance with Article 8(1) of Regulation (EU) No 1307/2013. Therefore, with a view to sound financial management, at this stage no amount should be made available to Romania for reimbursement.

               (6)

               To avoid compelling Member States to make an additional payment for that reimbursement, this Regulation needs to apply from 1 December 2017. Consequently, the amounts established by this Regulation are definitive and apply, without prejudice to the application of reductions in accordance with Article 41 of Regulation (EU) No 1306/2013, to any other corrections taken into account in the monthly payment decision concerning the expenditure effected by the paying agencies of the Member States for October 2017, in accordance with Article 18(3) of Regulation (EU) No 1306/2013 and to any deductions and supplementary payments to be made in accordance with Article 18(4) of that Regulation or to any decisions which will be taken within the framework of the clearance of accounts procedure.

               (7)

               In accordance with Article 169(3) of Regulation (EU, Euratom) No 966/2012 the non-committed appropriations may be carried over to the following financial year only. It is therefore appropriate for the Commission to determine eligibility dates for the expenditure of the Member States in relation to the reimbursement in accordance with Article 26(5) of Regulation (EU) No 1306/2013, taking into account the agricultural financial year as defined in Article 39 of that Regulation.

               (8)

               In order to take into account the short time span between the communication of the execution of 2017 EAGF appropriations under shared management for the period from 16 October 2016 to 15 October 2017 by the Member States and the need to apply this Regulation from 1 December 2017, this Regulation should enter into force on the date of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amounts of the appropriations that will be carried over from financial year 2017 in accordance with Article 169(3) of Regulation (EU, Euratom) No 966/2012 and that in accordance with Article 26(5) of Regulation (EU) No 1306/2013 are made available to the Member States for the reimbursement to the final recipients who are subject to the adjustment rate in financial year 2018, are laid down in the Annex to this Regulation.
   The amounts that will be carried over are subject to the carryover decision of the Commission in accordance with the fifth subparagraph of Article 169(3) of Regulation (EU, Euratom) No 966/2012.
   Article 2
   Member States' expenditure in relation to the reimbursement of the appropriations carried over shall only be eligible for Union financing if the relevant amounts have been paid to the beneficiaries before 16 October 2018.
   Article 3
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 December 2017.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 27 November 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

      (1)  OJ L 347, 20.12.2013, p. 549.

      (2)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

      (3)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).

      (4)  Financial discipline does not apply in financial year 2017 in Croatia in accordance with Article 8(2) of Regulation (EU) No 1307/2013.

      (5)  Commission Implementing Regulation (EU) 2016/1948 of 7 November 2016 adapting the adjustment rate for direct payments provided for in Regulation (EU) No 1306/2013 of the European Parliament and of the Council in respect of the calendar year 2016 and repealing Commission Implementing Regulation (EU) 2016/1153 (OJ L 300, 8.11.2016, p. 10).

      ANNEX

         Amounts available for reimbursement of appropriations carried over

                  (amounts in EUR)

                  Belgium

                  6 129 769

                  Bulgaria

                  7 720 511

                  Czech Republic

                  10 764 025

                  Denmark

                  10 476 968

                  Germany

                  58 035 302

                  Estonia

                  1 288 878

                  Ireland

                  13 229 176

                  Greece

                  16 182 344

                  Spain

                  54 860 187

                  France

                  89 884 134

                  Italy

                  37 765 185

                  Cyprus

                  355 813

                  Latvia

                  1 952 848

                  Lithuania

                  3 923 157

                  Luxembourg

                  406 406

                  Hungary

                  14 828 231

                  Malta

                  33 643

                  Netherlands

                  8 821 818

                  Austria

                  6 908 717

                  Poland

                  24 870 087

                  Portugal

                  6 699 290

                  Slovenia

                  931 120

                  Slovakia

                  5 554 196

                  Finland

                  5 885 783

                  Sweden

                  7 897 927

                  United Kingdom

                  37 930 754


title: Commission Implementing Regulation (EU) 2017/2200 of 28 November 2017 opening and providing for the administration of import tariff quotas of certain cereals from Ukraine

text:
               29.11.2017

               EN

               Official Journal of the European Union

               L 313/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2200
   of 28 November 2017
   opening and providing for the administration of import tariff quotas of certain cereals from 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 1234/2007 (1), and in particular its Article 187 points (a) and (c) thereof,
   Whereas:

               (1)

               Regulation (EU) 2017/1566 of the European Parliament and of the Council (2) provides for preferential arrangements as regards customs duties for the import of certain goods originating in Ukraine. The import tariff quotas referred to in Annex II of that Regulation are to be administered by the Commission in accordance with Article 184 of Regulation (EU) No 1308/2013. They shall apply for three years as from1 January 2018.

               (2)

               To ensure that imports of certain cereals originating in Ukraine covered by the tariff quotas are orderly and not speculative, it is appropriate to provide that these imports are managed through the use of import licences. To this end, Commission Regulations (EC) No 1301/2006 (3), (EC) No 1342/2003 (4) and Commission Implementing Regulation (EU) 2016/1239 (5) should apply, save where derogations are laid down in this Regulation.

               (3)

               To ensure the proper management of these quotas, deadlines for the lodging of import licence applications should be laid down and the information to be included in applications and licences should be specified.

               (4)

               In the interests of efficient administration, when notifying the Commission in accordance with this Regulation, Member States should use the information systems provided for in Commission Delegated Regulation (EU) 2017/1183 (6) and Commission Implementing Regulation (EU) 2017/1185 (7).

               (5)

               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
   Opening and management of tariffs quotas
   1.   The import tariff quotas for certain products originating in Ukraine, referred to in the Annex, shall be open annually from1 January 2018 to 31 December 2020.
   2.   Duties on imports within the import tariff quota referred to in paragraph 1 shall be levied at a rate of EUR 0 per tonne.
   3.   Regulations (EC) No 1342/2003, (EC) No 1301/2006 and Implementing Regulation (EU) 2016/1239 shall apply, save as otherwise provided for in this Regulation.
   Article 2
   Rules for submitting import licence applications and issuing import licences
   1.   Notwithstanding Article 6(1) of Regulation (EC) No 1301/2006, applicants may not submit more than one import licence application per order number and per week. Where applicants lodge more than one application, none of those applications shall be admissible and the securities lodged when the applications were submitted shall be forfeited to the Member State concerned.
   Import licence applications shall be lodged with the competent authorities of the Member States each week no later than Friday at 13.00 (Brussels time).
   2.   Each import licence application shall indicate, in whole numbers, a quantity in kilograms which may not exceed the total quantity of the quota concerned.
   3.   Import licences shall be issued on the fourth working day following the deadline for the notification referred to in Article 4(1).
   4.   Section 8 of the import licence application and the import licence shall contain the name Ukraine and the ‘Yes’ box shall be marked with a cross. Licences shall be valid only for products originating in Ukraine.
   Article 3
   Validity of import licences
   Import licences shall be valid from the period running from the actual day of issue, in accordance with Article 7(2) of Implementing Regulation (EU) 2016/1239, until the end of the second month following the month in question.
   Article 4
   Notifications
   1.   No later than 18.00 (Brussels time) on the Monday following the week in which the import licence application was lodged, Member States shall send the Commission, by electronic means, each application by order number with the origin of the product and the quantity applied for by CN code, including ‘nil’ notifications. The notification shall be made in accordance with Delegated Regulation (EU) 2017/1183 and Implementing Regulation (EU) 2017/1185.
   2.   Member States shall communicate to the Commission, by electronic means, on the day of issue of the import licences, the information on the licences issued as referred to in Article 11(1)(b) of Regulation (EC) No 1301/2006, with the total quantities by CN code for which import licences have been issued.
   Article 5
   Entry into force
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2018 to 31 December 2020.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 28 November 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  Regulation (EU) 2017/1566 of the European Parliament and of the Council of 13 September 2017 on the introduction of temporary autonomous measures for Ukraine supplementing the trade concessions available under the Association Agreement (OJ L 254, 30.9.2017, p. 1).

      (3)  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 (OJ L 238, 1.9.2006, p. 13).

      (4)  Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice, (OJ L 189, 29.7.2003, p. 12).

      (5)  Commission Implementing Regulation (EU) 2016/1239 of 18 May 2016 laying down detailed rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences (OJ L 206, 30.7.2016, p. 44).

      (6)  Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100).

      (7)  Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113).

      ANNEX
      Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Annex, by CN codes as they exist on 1 January 2017. When the CN code is preceded by ‘ex’, the application of the preferential arrangements is determined on the basis of the CN code and the description of the product.

                  Order No

                  Product

                  CN code

                  Quantity in tonnes

                  09.4277

                  Spelt, common wheat and meslin, other than seed

                  1001 99 00

                  65 000

                  Common wheat flour and spelt flour,

                  1101 00 15

                  Meslin flour

                  1101 00 90

                  Cereal flour other than wheat, meslin, rye, maize, barley, oat, rice

                  1102 90 90

                  Groats and meal of common wheat and spelt

                  1103 11 90

                  Wheat pellets

                  1103 20 60

                  09.4278

                  Maize other than seed

                  1005 90 00

                  625 000

                  Maize flour

                  1102 20

                  Groats and meal of maize

                  1103 13

                  Maize pellets

                  1103 20 40

                  Worked grains of maize

                  1104 23

                  09.4279

                  Barley other than seed

                  1003 90 00

                  325 000

                  Barley flour

                  1102 90 10

                  Barley pellets

                  ex 1103 20 25


title: Commission Implementing Regulation (EU) 2017/2208 of 29 November 2017 fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009

text:
               30.11.2017

               EN

               Official Journal of the European Union

               L 314/33

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/2208
   of 29 November 2017
   fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009
   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 Article 188 thereof,
   Whereas:

               (1)

               Section 3 of Chapter III of Commission Regulation (EC) No 1187/2009 (2) determines the procedure for allocating export licences for certain milk products to be exported to the Dominican Republic under a quota opened for that country.

               (2)

               Article 29 of Regulation (EC) No 1187/2009 provides for the possibility for operators to lodge export licence applications from 1 to 10 November if, after the period of submission of licence applications as referred to in the first paragraph of that Article, any quantity under the quota remains available.

               (3)

               Article 1 of Commission Implementing Regulation (EU) 2017/1095 (3) specifies that the total remaining quantity for the quota year 2017/2018 is 8 745 tonnes.

               (4)

               The applications lodged between 1 and 10 November 2017 for the remaining period of the running quota year 2017/2018 cover quantities less than those available. As a result, it is appropriate, pursuant to the fourth subparagraph of Article 31(3) of Regulation (EC) No 1187/2009, to provide for the allocation of the remaining quantity. The issue of export licences for that remaining quantity should be conditional upon the competent authority being notified of the supplementary quantity accepted by the operator concerned and upon the interested operators lodging a security,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The applications for export licences lodged from 1 to 10 November 2017 for the remaining period of the running quota year 2017/2018 shall be accepted.
   The quantities covered by export licence applications referred to in the first paragraph for the products referred to in Article 27(2) of Regulation (EC) No 1187/2009 shall be multiplied by an allocation coefficient of 1,177619.
   Export licences for the quantities exceeding the quantities applied for and which are allocated in accordance with the coefficient set out in the second paragraph, shall be issued after acceptance by the operator within one week from the date of publication of this Regulation and subject to the lodging of the corresponding security.
   Article 2
   This Regulation shall enter into force on the third 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, 29 November 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

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

      (2)  Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (OJ L 318, 4.12.2009, p. 1).

      (3)  Commission Implementing Regulation (EU) 2017/1095 of 20 June 2017 fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009 (OJ L 158, 21.6.2017, p. 29).