Commission Implementing Regulation (EU) 2019/398 of 8 March 2019 amending Regulation (EC) No 616/2007 as regards some additional tariff quotas in the sector of poultrymeat and derogating from that Regulation for the quota year 2018/2019

Regulation (EC) No 616/2007 is amended as follows:

1. (1)

   In Article 1, paragraph 1 is replaced by the following:

   ‘1.

   The tariff quotas in Annex I to this Regulation are hereby opened for imports of the products covered by the agreements between the Union and Brazil, the Union and Thailand, and the Union and China, as approved by Council Decisions 2007/360/EC, 2012/792/EU^f1 and (EU) 2019/143^f2.

   The tariff quotas are opened on an annual basis for the period from 1 July to 30 June.’

2. (2)

   Article 3 is replaced by the following:

   ‘Article 3

   1.

   With the exception of quotas in Groups Nos 3, 4B, 5B, 6B, 6C and 10, the quantity established for the annual quota period shall be spread out over four subperiods, as follows:

   (a)

   30 % from 1 July to 30 September;

   (b)

   30 % from 1 October to 31 December;

   (c)

   20 % from 1 January to 31 March;

   (d)

   20 % from 1 April to 30 June.

   2.

   The annual quantity established for quotas in Groups Nos 3, 4B, 5B, 6B, 6C and 10 shall not be divided into subperiods.

   3.

   The annual quantities established for quotas in Groups Nos 5A and 5B shall be managed by attributing import rights as a first step and issuing import licences as a second.’

3. (3)

   Article 4 is amended as follows:

   1. (a)

      paragraph 4 is replaced by the following:

      ‘4.

      By way of derogation from Article 6(1) of Regulation (EC) No 1301/2006, as regards Groups Nos 3, 6A, 6B, 6C, 6D and 8, each applicant may lodge more than one application for import licences for products in one group where such products originate in more than one country. Separate applications for each country of origin must be submitted simultaneously to the competent authority of a Member State. They shall be regarded as a single application, for the purposes of the maximum quantity referred to in paragraph 5 of this Article.’

   2. (b)

      paragraph 6 is replaced by the following:

      ‘6.

      Except for Groups Nos 3, 6A, 6B, 6C, 6D and 8, licences carry an obligation to import from the country that is specified. For the groups concerned by this obligation, the country of origin shall be entered in box 8 of the application and of the licence itself, and the word ‘yes’ shall be marked with a cross.’

4. (4)

   In Article 5, paragraph 2 is replaced by the following:

   ‘2.

   A security of EUR 50 per 100 kilograms shall be lodged at the time of submission of the licence application for Groups Nos 2, 3, 6A, 6B, 6C, 6D, 8, 9 and 10. For Groups Nos 1, 4A, 4B and 7, the security shall be set at EUR 10 per 100 kilograms and for import rights applications for Groups Nos 5A and 5B the security shall be set at EUR 35 per 100 kilograms.’

5. (5)

   In Article 6(3), the second subparagraph is replaced by the following:

   ‘For Groups Nos 3, 4B, 5B, 6B, 6C and 10 the notification referred to in point (a) of the first subparagraph shall not apply.’

6. (6)

   Article 8 is replaced by the following:

   ‘Article 8

   1.

   Release for free circulation within the quotas referred to in Article 1 of this Regulation shall be subject to the presentation of a certificate of origin issued by the competent authorities of China (for Groups Nos 9 and 10), Brazil (for Groups Nos 1, 4A, 4B, and 7) or Thailand (for Groups Nos 2, 5A and 5B) in accordance with Articles 57, 58 and 59 of Commission Implementing Regulation (EU) 2015/2447^f3.

   2.

   Paragraph 1 shall not apply to Groups Nos 3, 6A, 6B, 6C, 6D and 8.’

7. (7)

   Annex I is replaced by the text set out in the Annex to this Regulation.

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 April 2019.

This Regulation shall be binding in its entirety and directly applicable in all Member States.