Meeting of the of the CMO Expert Group Horizontal Matters 15 February 2017 Version 7 WD DELEGATED ACT. Exchange of views on TRQs

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1 Meeting of the of the CMO Expert Group Horizontal Matters 15 February 2017 Version 7 Track changes = difference with version 6 WD DELEGATED ACT Exchange of views on TRQs WORKING DOCUMENT ON TRADE MECHANISMS This document is provided by DG AGRI for the purposes of providing a framework for a structured discussion on suggestions that have been put forward by Member States and stakeholders in the course of the review of the TRQ legislation. It represents a possible structure in which generic rules are set out in the body, while sectoral specificities are to be set out in extra chapters and Annexes. The document is an orientation, and the content is not complete. It does not reflect the official position of the Commission, and the points mentioned will not necessarily be included in the Commission's eventual proposal. EN EN

2 EXPLANATORY MEMORANDUM 1. CONTEXT OF THE DELEGATED ACT The 2013 reform of the Common Agricultural Policy (CAP) confirmed that the management system of Tariff Rate Quotas (TRQ) by agricultural import and export licences as a tool for monitoring of these trade flows should continue to apply. The quotas as such derive from international agreements which are not touched by this draft legislation.. The Union internal Union management of quotas requires rules which are specific and complementary to the existing legislation, in particular Delegated Regulations (EU) 2016/1237 (on Licences); (EU) No 2014/907 (on securities and penalties); and (EU) 2015/2447 (Customs Code). This draft The Delegated Regulation complements the rules for which the basis is givenset in Articles of Regulation (EU) No 1308/2013 (CMO) and comprisescovers the issuesitems that were previously laid down in more than 30 present Commission Regulations. The management of certain over-demanded TRQs in particular in the poultry sector and for garlic neededneed an overhaul due to increasedincreasing problems with in enforcingenforcement of the policyprinciple that TRQs should in particular benefit EUUnion operators contributing to a proper functioning of the internal market. These rules in the headings of the articles qualified as "specific"- have at first glance an appearance as increasing may appear to increase administrative burden for operators and administrations, but in a longer term they create reduction ofreduce such burden and contribute to betterstrengthen market stability. On the other hand simplificationssimplifications are introduced by transferring the management of under-used TRQs to customs' first come/first served management (XX of the present 147 TRQs managed by agricultural licence), and by exempting from the obligation of the proof of trade for getting access toaccessing low-used TRQs (XX of the present 147 TRQs); both simplifications are not visible in the delegated act.). ManySome of the general Tariff Rate QuotaTRQ rules laid down before the 2013 reform have not been updated. Therefore, thosesome of these provisions need to be repealed and replaced by simplified rules that are aligned with the Treaty of Lisbon and with the empowerments contained in the relevant basic acts (mainlyin particular with Regulation (EU) No 1308/2013). 2. CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT In the period between July 2014 to September 2016, the provisions on tariff rate quotas laid down in existing Commission Regulations and the issues arising from them were discussed extensivelymarch 201, extensive discussions took place with the experts of the Member States using the open working method developed by the Task Force CMO to coordinate the alignment of existing CMO Regulations. The Commission discussed the draft Delegated Act with experts nominated by the Member States in the framework of the CMO Expert Group and took account of the views and positions expressed. In parallel multifold hearings of stakeholders took place and the feedback mechanism under the "better regulation" policy has been applied. The experts of the European Parliament were informed about all those discussions and invited to all the meetings. EN 2 EN

3 3. LEGAL ELEMENTS OF THE DELEGATED ACT The delegated act supplements Regulation (EU) No 1308/2013 as regards the tariff rate quotas management. The delegated act is based on Regulation (EU) No 1308/2013, in particular on its Article 186 and on Regulation (EU) No 1306/2013, in particular on its Articles 64 and 66. The issues are predominantly based on presentthe existing Commission Regulation (EC) No 1301/2006 foron import quotas, and Regulation (EC) No 1187/2009 foron export quotas based on international agreements in the milk sector. Stakeholders and experts have called to respect sectoral and traditional differences. between sectors. The draft Delegated Regulation gives therefore sets out the principles applying to such sectoral specificitiesall the sectors, while the specificities themselvesfor each sector are set out in the sectoral ChaptersSections and Annexes to the Implementing Regulation. Novelties compared with existing Commission regulations are introduced in theconsist of specific proof of trade for over-demanded TRQs concerning a (self-declaration of the operator being independent of other operatorsoperator's independence (Article 5(4)), [and the publication of licence holders' name and address on national web-sites (Article 5(5)].). In order to discourage licence speculation, the general rule that rights of licences are transferable is limited for TRQs to transfer onlytransfers to transferees meeting the same obligations as the licence titular holder (Article 8(1)), while for the problematicover-demanded TRQs referred to in above point 2 transfer is notno longer possible. Finally, the delegated act repeals the existing horizontal Commission Regulations on TRQs. EN 3 EN

4 WORKING DOCUMENT Draft Track changes = difference with version 6 COMMISSION DELEGATED REGULATION (EU) /... of XXX supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to as regards the rules for applying the management system of tariff rate quotas [with licences]subject to licenses and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the rules onas regards the application of administrative penalties in the management system of tariff rate quotas (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) nono 1308/2013 of the European Parliament and of the Council 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 ArticleArticles [185] and 186 thereof, 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 2, and in particular Article 64[(4)(d)] and 66 thereof, Whereas: (1) Regulation (EU) No 1308/2013 that repealed and replaced Council Regulation (EC) No 1234/2007 and 3 lays down rules regarding tariff quota management and special treatment of imports by third countries. It also empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the management of tariff quotas in the new legal framework, certain rules have to be adopted by means of such acts. 1 OJ L 347, , p OJ L 347, , p OJ L 299, , p. 1. Mis en forme : Police :10 pt, Polonais Mis en forme : Polonais EN 4 EN

5 (2) In order to guarantee a sound management of tariff quotas, eligibility criteria for application for a licence for tariff quotas should be laid down. (3) As a general rule, in order to facilitate management and control, applying for a licence for a tariff quota should be allowed only tofor operators established and registered for VAT purposes in a Member State. (4) ItTo ensure that the obligation to import is complied with within the period of validity of the licence it is necessary to provide that the licences under tariff quotas are to be issued subject to the lodging of a security, so as to guarantee that the products will be imported or exported under that tariff quota during the period of validity of the licence. It is also necessary to lay down when the obligation to import or export under the tariff quota is fulfilled. (5) As one of the criteriapreconditions for applying for a licence under tariff quotas can beis proof of trade provingestablishing the past performance and involvement in thea specific trade, it is necessary to lay down rules for such proof of trade. (6) In order to guarantee a sound management of tariff quotas, where necessary, minimum or maximum quantities to be applied for under tariff quotas may beare set out. It is necessary to lay down specific rules for that. (7) Given the economic reality of tariff quotas, it is appropriate to lay down specific rules as regards the transferability of a licence under tariff quotas allowing a possible transfer only to transferees satisfying the same eligibility criteria as the applicant for a licence under a tariff quota. (8)(6) Provisions should be laid down on the release and forfeiture of the security lodged for licences under tariff rate quotas. (7) Experience showsto ensure compliance with the rules on eligibility for tariff rate quotas, it is appropriate to lay down specific rules regarding the transferability of a licence under tariff quotas. With the exception of the over-demanded tariff quotas, transfers should be possible only to transferees satisfying the same eligibility criteria as the applicant for a licence under a tariff quota. Transfers of licenses should not be possible for over-demanded quotas. (9)(8) It needs to be ensured that provisions need to be laid down to deter inaccurateapplicants provide accurate and truthful documents from being presented.. A suitableproportionate penalty system shouldneeds to be therefore be established and the cases where no penalties are to be applied should be determined. (10)(9) For the sake of clarity itit is appropriate to lay down thetransitional rules concerning the licences already issued for products under tariff quotas for which the conditions are affectedwould be modified by this Regulation and which are still valid on the date of entry into application of this Regulation. (10) [Place holder recital abatimento] (11) As the aim of this Regulation and of Commission Implementing Regulation (EU) / [TRQs] is to simplify and adapt the provisions applicable to the tariff quota management and special treatment of imports by third countries to the new legal framework established by Regulation (EU) No 1308/2013, the currently applicable provisions should be replaced. For the sake of clarity, certain provisions of. Commission Regulations [ ] should be deleted and Commission Regulations [ ] shouldtherefore be repealed. EN 5 EN

6 (12) The transition from the arrangementsrules provided for in the deleted provisions and repealed Regulations to those provided for in this Regulation might have some practical consequences. Therefore, and taking account ofas well as the obligation to notify the new rules to the World Trade Organisation in advance, it is appropriate to defer the of their entry into application e require deferred entry into application of this Regulation, (12) HAS ADOPTED THIS REGULATION: Mis en forme : Retrait : Gauche : 1,25 cm, Sans numérotation ni puces Article 1 Art. 1(2) Reg. 1301/2006 Scope of the Regulation 1. This Regulation supplements the rules for applying the system of Tariff Rate Quotas (TRQ) for agricultural products managed by import or export licence, provided for in Articles 184 to 188 of 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/ This Regulation supplements the rules, under for the system of import or export licences for a TRQ,TRQs, sets out the modalities of penalties provided for in Article 64(4)(d), of Regulation (EU) No 1306/2013, and for the release of securities, provided for in Article 66 of 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 814/00, (EC) No 1290/05 and (EC) No 485/ Regulation (EU) No 952/ and Delegated Regulations (EU) 2016/1237, 5, (EU) No 907/2014 6, and (EU) 2015/ shall apply, save as otherwise provided for in this Regulation. 4. Commission Regulations governing a given import tariff quota managed by a system of import licences and the management of which does not fall within the scope of the 4 Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, OJ L 269, , p.1 5 OJ L 206, , p.1 Commission Delegated Regulation (EU) 2016/1237 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of import and export licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the rules on the release and forfeit of securities lodged for such licences, OJ L 206, , p.1 6 OJ L 255, , p.18 Commission Delegated Regulation (EU) No 907/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro, OJ L 255, , p.18 7 OJ L 343, , p.1 Commission Delegated Regulation (EU) 2015/2445 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code, OJ L 343, , p.1 Mis en forme : Default Mis en forme : Police :Times New Roman, 10 pt, Couleur de police : Automatique, Anglais (Royaume-Uni) Mis en forme : Anglais (Royaume-Uni) Mis en forme : Default Mis en forme : Anglais (Royaume-Uni) Mis en forme : Anglais (Royaume-Uni) EN 6 EN

7 common organisation of the markets may provide that this Regulation shall apply to that import tariff quota. Article 2 Art. 186(1)(a) Reg. 1308/2013. Art. 22(4) Reg.1187/2009 Eligibility for application 1. Operators applying for an import or export licence for an import or exporta TRQ, or for an import right where applicable, shall be established and registered for VAT in the Union and shall submit their application to the licence issuing authority of the Member State of their registration. AtTogether with the first application of eachfor a licence for e TRQ period, the applicant shall submit: (a) proof of their historic trade record in accordance with Articles 4 or 5. In accordance with the procedure of Article 229(2) of Regulation (EU) No 1308/2013 the Commission may decide that the requirement under this subparagraph shall be suspended for certain TRQs, or that the suspension shall be lifted. The suspension shall be indicated in the Annexes concerned to Implementing Regulation (EU) 2016/ [TRQ]; (a) proof of their historical trade in accordance with Articles 4 or 5. (b) (c) proof of their independencyindependence of other applicants, where required, in accordance with Article 11 of Implementing Regulation (EU) 2016/..(2017/..[TRQ).]; Forfor export quotaquotas where set out in the Annexes to Implementing Regulation (EU) /.. [TRQ], evidence that the designated importer in the third country concerned is a subsidiary of the applicant. 2. Implementing Regulation (EU) 2017/ [TRQ] sets out instances in which the requirement of proof of trade set out in paragraph 1 letter (a) is suspended. Article 3 Art. 186(1)(c) Reg. 1308/2014 Security at application 1. The issue of an import or export licence for an import or exporta TRQ, or an import right where applicable, shall be subject to a security being available at. This security shall be provided to the licence issuing authority before the end of the application period specific for the product concerned and for anin the amount referred toset in Article 8 of Implementing Regulation (EU) /.. [TRQ]. 2. The security shall be released in respect of for the quantities covered by applications for which no import right or import or export licence could not be issued further tofollowing the application of thean allocation coefficient referred to in Article 13 of Implementing Regulation (EU) /. [TRQ]. EN 7 EN

8 Article 4 Art. 186(1)(a) Reg. 1308/2014. Ex-Art. 5 Reg. 1301/20006 General proof of trade 1. OperatorsExcept in cases set in Article 5, operators shall submit, where applicable, at the time of, together with their first application for a given TRQ period, to the licence issuing authority of the Member State in which they are established and in which they are registered for VAT purposes, proof, that, at the time of their application for an import or export a licence for a given TRQ is submitted, for import quotas that, the products in the given sector have been released for free circulation or exported covered by the relevant market sector, whether or not for the applicant; releases for free circulation and exports both under a TRQ on behalf or by the applicant; and outside a TRQ may be taken into account for this purpose; for export quotas that, the products covered byin the relevant marketgiven sector, whether or not under a TRQ have been exported by the applicant; exports both under a TRQ and outside a TRQ may be taken into account. The release for free circulation or export shall have taken place 2. during [A minimum quantity of products set out in Implementing Regulation (EU) 2017/.. must be released for free circulation for the applicant or exported by the applicant within each of the following periods: the 12 month period immediately prior to the month in which the application iswas received, in accordance with Article 2(1) of Implementing Regulation (EU) 2016/ (n-1)] [during the calendar year prior to the opening of the TRQ period (n-1)],, and during [the 12 month period] [the calendar year] immediately prior to [the 12 month period] [the calendar year] referred to in the first indent (n-2). for a minimum quantity in the period n-1 and in the period n-2 as set out in the Annexes to Implementing Regulation (EU) 2016/.. [TRQ] The proof of the period n-1 shall be valid as proofminimum quantity of the period n- 2 products referred in the nextparagraph 2 already submitted for the previous TRQ period, if applicable, and it shall does not be submitted again inneed to be resubmitted together with the application for the next TRQ period, unless the applicant requests replacement of that proof by new where the information. already provided in that proof remains valid Where eligibility for a TRQ is subject to past trade performance for a certain quantity, if an A merged operator according to national legislation merged with another operator,may report jointly the quantities of products released into free circulation or exported according to paragraph 1,by each of the merged operators, may be accumulated for establishing the quantity of the merged enterprise concerned. 8 OJ L 206, , p.44 Commission Implementing Regulation (EU) 2016/ 1239 laying down 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, , p.44 EN 8 EN

9 4.5. TheImplementing Regulation (EU) 2017/.. [TRQ] sets out cases where the proof of trade in products covered by the relevant sector shall be limited to products released for free circulation or export, for comprises only a selection of products of the sector concerned if indicated so in the Annexes of Implementing Regulation (EU) 2016/.. [TRQ].released for free circulation or exported within that sector. 6. Unless Where the general proof of trade is not limited to a selection of products as set out in paragraph 4 applies,5 the proof of trade submitted for onean import or export TRQ within a sector shall be valid for applications for all import or export TRQs applicable in the sector concerned and subject to the general proof of trade as set out in this article.within that sector. 5. Mis en forme : Text 1 Article 5 Art. 186(1)(a) Reg. 1308/2014. Ex-Art. 5 Reg. 1301/2006 Specific proof of trade, declaration of independence, and publication of applicants for certain over-demanded TRQs 1. This article applies for certainto the over-demanded TRQs, as set out in the Annexes of Implementing Regulation (EU) /.. (TRQ). Article 4(1) of this Regulation shall not apply. 2. Operators applying for an import right referred to in Article 12 of Implementing Regulation (EU) /. [TRQ] shall submit, at the time oftogether with their first application for a given import TRQ order number and import TRQ period, to the licence issuing authority of the Member State in which they are established and in which they are registered for VAT purpose, proof that at the time of their application for an import right is submitted, a selection of, products of the CN codes designated CN codes in Implementing Regulation (EU) 2017/. within the given sector havehad been released for free circulation, whether or not under a TRQ, on behalf of the for the applicant, within each of the following periods: [export] (a) during [the 12 month period immediately prior to the month in which the application iswas received in accordance with Article 2(1) of Implementing Regulation (EU) 2016/1239 (n-1)] [during the calendar year prior to the opening of the TRQ period (n-1)],), and (b) during [the 12 month period] [the calendar year] immediately prior to [the 12 month period] [the calendar year] referred to in the first indent (n-2). 3. for a minimum quantity in the period n-1 and in the period n-2 as set out in the Annexes to Implementing Regulation (EU) 2016/.. [TRQ].2017/.. [TRQ] sets out the minimum quantities that need to be released for free circulation in each of the periods set out in paragraph 2. Mis en forme : Tiret 1, Sans numérotation ni puces Mis en forme : Tiret 1 Mis en forme : NumPar 1, Retrait : Gauche : 0 cm, Première ligne : 0 cm 3. The maximum quantity to apply for an import right shall be limited by the reference quantity. The reference quantity shall be derived from the proof of trade referred to in paragraph 2 by a more specific selection of products as set out in the Annexes to Implementing Regulation (EU) 2016/. [TRQ]. EN 9 EN

10 If the sector specific sections in Implementing Regulation (EU) 2016/. [TRQ] indicate so, the maximum quantity to apply for shall not be higher than a part of the available quantity in the sub-period concerned. 4. A merged operator may report jointly the quantities of products released into free circulation or exported by each of the merged operators concerned Operators applying for an import right referred to in paragraph 2, or for an import licence if indicated so in specific sectoral provisions, shall submit together with their first application for a given TRQ and TRQ period a declaration thatwhether they are independent of other applicants for thata given TRQ in a given TRQ, or that they are the sole applicant of linked entities for that TRQ, or that their being linked with other applicants is justified according to Union legal provisions applicable period The licence issuing authority shall notify, by to the Commission, for each TRQ order number, the name and addressfor each TRQ period, the names and addresses of operators havingthat received import rights according to Article 12 of Implementing Regulation (EU) /. (TRQ) to the Commission in accordance with Article 18 of Implementing Regulation (EU) 2016/.. The Commission shall publish thethis information on its official website whenonce the TRQ period concerned is ended, and for not longer than [expired. This information shall be removed from the official website after 12] months. following its publication ParagraphImplementing Regulation (EU) 2017/.. [TRQ] sets out the cases where paragraphs 2 to 5 shall6 apply foralso to applications for an import licence where indicated so in the Annexes to Implementing Regulation (EU) 2016/.. [TRQ].licences. Article 6 Art. 186 (1) (a) Reg.1308/2013. Ex-Art. 6(5) Reg. 1301/2006 Quantity to apply for 1. An import or export licence or import right application may not exceed, by import or export in a TRQ period or sub-period, the quantity available for the import or exportthat TRQ period or sub-period concerned, or, as the case may be, the quantitative limit set out in the Annexes of Implementing Regulation (EU) /.. [TRQ], where applicable, increased by the additional quantities published according to Article 18(1)(c) of Implementing Regulation (EU) / [TRQ]. ByWhere a system of monthly import or export licence applications applies, the available quantity shall be the quantity for that TRQ period or sub-period without the quantities that were already allocated in the previous months. 2. For each licence application period for a given TRQ, the quantity to applyapplied for shall not be lower thanat least the quantity set out in the Annexes to Implementing Regulation (EU) /.. [TRQ] By licence application period for a TRQ, the quantity to apply for] and shall be limited tonot exceed a maximum if indicated so in the Annexes to quantity set out in Implementing Regulation (EU) /.. [TRQ]. 3. If the system of Implementing Regulation (EU) 2017/. sets out cases where a maximum quantity to apply for an import right is limited by a reference quantities EN 10 EN

11 quantity. The reference quantity shall be established based on a proof of trade referred to in Article 5(2), from among a specific selection of products set out for each TRQ in Implementing Regulation (EU) 2017/. [TRQ]. 4. Where the system of reference quantities set out in paragraph 3) applies, the quantity to apply for shall be the reference quantity, where applicableas set out in Implementing Regulation (EU) 2017/.., corrected with theby a conversion factor and limited to a maximum as set out in the Annexes to Implementing Regulation (EU) 2016/.. [TRQ].. Article 7 Art. 186(2) Reg.1308/2013. Articles 16(1), 21, 27(1)Reg. 1187/2009 Special treatment on importation into a third country The competent authorities of the Member States shall issue an export licence, atupon request and after appropriate checks, certifying that the conditions are met for products that may benefit from a special treatment on importation into a third country. Article 8 Art. 177(2)(c) Reg. 1308/2013 Specific rules on transfertransfers 1. This article shall not apply to licences issued for TRQs managed by a document issued by a third country as referredpursuant to in Article 6 of Implementing Regulation (EU) /. [TRQ]. 2. By derogation from Article 6 of Delegated Regulation (EU) 2016/1237, rights deriving from an import licence issued for a TRQ pursuant to Article 5 shall not be transferable. 3. Import rights referred to in Article 12 of in Implementing Regulation (EU) 2017/.. [TRQ] shall not be transferrable In addition to the requirements set out in Article 6 of Delegated Regulation (EU) 2016/1237, rights deriving from an import or export licence for a TRQ are only transferable only to a transferee satisfying the same eligibility criteria referred to in Article IfWhere rights deriving from an import or export licence for a TRQ iswere transferred, the quantity released for free circulation or for export under thatthe transferred licence shall be for the purposes of establishing a proof of trade attributed to the proof of trade transferee, as set out in Article 4, of the transferee. 3. Derogating from Article 6 of Delegated Regulation (EU) 2016/1237, rights deriving from an import or export licence issued for a TRQ subject to Article 5 shall not be transferable. Mis en forme : NumPar 1, Hiérarchisation + Niveau : 1 + Style de numérotation : 1, 2, 3, + Commencer à : 1 + Alignement : Gauche + Alignement : 0 cm + Tabulation après : 1,5 cm + Retrait : 1,5 cm EN 11 EN

12 Article 9 Art. 66(3)(c) Reg. 1306/2013. Release and forfeiture of securities 1. Article 7(1), (3) and (4) of Delegated Regulation (EU) 2016/1237 shall apply to the release and forfeiture of securities for a licence for a TRQ. 2. InBy derogation from the first subparagraphand second subparagraphs of Article 23(4) of Delegated Regulation (EU) No 907/2014, where the release for free circulation or export took place within the period of validity of the licence, but the termperiod for proving suchsubmission of the proof of that release or export is exceeded, the security shall be forfeited by 3% for each calendar day by which the time limit is exceeded. Article 10 Art. 64(4)(d) Reg. 1306/2013. Ex-Art. 3 Reg. 1301/2006 Penalties 1. Where it is found that a document presented by an operator applying for an import right or import or export licence for a given importtrq or export quotaits transfer is incorrect and where the document concerned is decisive for the attribution of that import right or import or export licence, the licence issuing authority shall: (a) (b) bar the operator from bringing intoreleasing for free circulation or exporting any goods under the import or export TRQ concerned for the entire import or export TRQ period following the TRQ period induring which thesuch finding was made and; exclude the operator from the licence application system for the import or export TRQ concerned in the following import or exportfor a TRQ period following the TRQ period induring which thesuch finding was made. If thepenalties set out in paragraph 1 shall apply to an operator that signed an incorrect document concerns the declaration as set out in Article 11 of Implementing Regulation (EU) No 2016/. TRQ, the penalties shall apply to the operator having signed that declaration and the2017/. as well as to the related entities for which he bears the competencethat were to sign thebe covered by that declaration. In applying this paragraph the competent authority shall take account of Article 64(2) of Regulation (EU) No 1306/ If This includes also cases where an operator referred to in paragraph 1 deliberately presents an incorrect document, that operator shall:submitted more than one declaration for a given TRQ period. 3. be barredwhere an operator applying for an import right or import or export licence for TRQ or its transfer presents deliberately an incorrect document and where the document concerned is decisive for the attribution of that import right or import or export licence, the licence issuing authority shall: (a) bar the operator from bringing intoreleasing for free circulation any goods under the import TRQ concerned for the entire import TRQ period, or export Mis en forme : Hiérarchisation + Niveau : 1 + Style de numérotation : 1, 2, 3, + Commencer à : 1 + Alignement : Gauche + Alignement : 0 cm + Tabulation après : 1,5 cm + Retrait : 1,5 cm EN 12 EN

13 (b) any products under the export TRQ concerned for the entire export TRQ period following the TRQ period in, during which the such finding was made and; be excluded exclude the operator from the licence application system for the import or exporta TRQ concerned during the following two TRQ periods following the TRQ period in which the finding was made. 4. In addition, if it concerns Penalties set out in paragraph 3 shall apply to an operator that deliberately signed an incorrect declaration as set out in Article 11 of Implementing Regulation (EU) 2016/ [TRQ], the measures referred to in this paragraph shall apply to the operator having signed No 2017/. as well as to the related entities that were to be covered by that declaration and the entities for which he bears the competence to sign the. This includes also cases where an operator deliberately submitted more than one declaration. for a given TRQ period. 5. When deciding over penalties licence issuing authority shall apply Article 64(2) of Regulation (EU) No 1306/ Where release for free circulation has already been carried outmade prior to the finding referred to in paragraphs 1 or 2to 4, any undue financial advantages resulting therefrom shall be recovered Subject to Article 6 of Council Regulation (EC, Euratom) No 2988/95, the penalties referred to in paragraphs 1 and 2to 4 of this Article shall be without prejudice to any additional penalties pursuant to other provisions of Union or national law. [Article 11 Specific tariff quotas For the specific tariff quotas for Spain and Portugal referred to in Article 185 of Regulation (EU) No 1308/2013 the following applies. [abatimento to be completed by CG.4]]] Mis en forme : NumPar 1 Mis en forme : Police :Gras, Italique Mis en forme : Police :Italique Article 12 Article 223 Reg. 1308/2013. Ex-Art. 11 Reg. 1301/2006 Notifications to the Commission In accordance with the detailed conditions laid down in the Implementing ActRegulation (EU) 2017/ [TRQ] adopted pursuant to Article 223(3) of Regulation (EU) No 1308/2013, Member States shall notify the Commission of the following information: (a) (b) (c) (d) (d)(e) The quantities covered by import or export licence applications and applications for import rights; The quantities covered by import or export licences or import rights issued; The non-used quantities covered by unused or partly used import or export licences. At the request of the CommissionWhere applicable, the quantities allocated to operators under a TRQ for which import or export licences were not issued or import rights were not awarded; Where applicable, the quantities released for free circulation or exported under the import or export licences issued.; EN 13 EN

14 (e)(f) TheWhere applicable, the names and addresses referred to in Article 5(56) of operators having received import rights, or, where applicable, import licences. Article 13 Repeal Regulation (EC) No 1301/2006 and Regulation (EC) No 1187/2009 are repealed. [Place holder - repeal of all legislation concerned, to be checked whether some provisions of some acts need to survive] However, - the repealed Regulations shall continue to apply for import and export licences for a TRQ issued under that Regulation. - [check whether other provisions need to survive] Mis en forme : Anglais (Royaume-Uni) Article 14 Transitional provisions [Check whether transitional arrangement may be needed e.g. for security, licenses issued, transfers.] Article 15 Entry into force and application 1. This Regulation shall enter into force from the seventh day following that of its publication in the Official Journal of the European Union. 2. It shall apply from the first day of the fifth month after its entry into force. 3. For each TRQ ithowever: 3. this Regulation shall apply for each TRQ on the first day of the application period for an import or export licence for a new TRQ period is openedstarting after the daydate of entry into application referred to in paragraph However, ArticleArticles 2(1)(b), 5(45), 5(6), 10(2) and 5(510(4) shall apply for each TRQ concernedto the TRQs referred to in Article 5(1) one year afterfrom the day indicated in paragraph 3on which this Regulation enters into application for each such TRQ as referred to in the first indent. Mis en forme : Tiret 1, Sans numérotation ni puces Mis en forme : Anglais (Royaume-Uni) Mis en forme : Anglais (Royaume-Uni) This Regulation shall be binding in its entirety and directly applicable in all Member States. EN 14 EN

15 Done at Brussels, [ ] For the Commission The President EN 15 EN