This Regulation lays down detailed rules on the allocation of quota authorisations in accordance with Article 5(2) of the Protocol, and establishes other provisions necessary for the management by the Union of the quantities of the tariff-rate quotas allocated to exports to the Union in implementation of the Agreement and the Protocol.
Commission Implementing Regulation (EU) No 498/2012 of 12 June 2012 on the allocation of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union
Commission Implementing Regulation (EU) No 498/2012 of 12 June 2012 on the allocation of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2012/105/EU of 14 December 2011 on the signing, on behalf of the European Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the administration of tariff-rate quotas applying to exports of wood from the Russian Federation to the European Union and the Protocol between the European Union and the Government of the Russian Federation on technical modalities pursuant to that Agreement(1), and in particular Article 4 thereof,
Whereas:
Considering the economic importance for the European Union of imports of raw wood and the importance that the Russian Federation has for the Union as a supplier of raw wood, the Commission has negotiated with the Russian Federation commitments by the Russian Federation to reduce or eliminate its currently applied export duties, including on raw wood.
These commitments, which will become part of the World Trade Organization (WTO) Schedule of Concessions of the Russian Federation upon its accession to the WTO, include tariff-rate quotas for the export of specified types of coniferous wood, a share of which has been allocated for exports to the Union.
In the context of the negotiations regarding the accession of the Russian Federation to the WTO, the Commission has negotiated, on behalf of the Union, with the Russian Federation, an agreement in the form of an Exchange of Letters relating to the administration of those tariff-rate quotas applying to exports of certain coniferous wood from the Russian Federation to the Union (hereinafter referred to as ‘the Agreement’).
As provided for in the Agreement, the Union and the Russian Federation have negotiated detailed technical modalities on the management of the tariff-rate quotas, which are contained in an agreement in the form of a Protocol negotiated between the Union and the Government of the Russian Federation (hereinafter referred to as ‘the Protocol’).
In implementation of the Agreement and the Protocol, methods for allocating tariff quotas depending on the date of submission of applications by importers should be established and rules and methods for establishing rights of traditional importers for each quota period and for each product group should be laid down.
Rules on business continuity for the determination of whether an importer claiming status of traditional importer is the same natural or juridical person that imported the covered products during the reference periods specified in this Regulation should be laid down.
Rules and procedures related to unused quota authorisations should be laid down.
Transitional rules applicable during the first three quota periods of application of this Regulation should be established in connection with the choice of reference periods for the calculation of ceilings of quota authorisations for traditional importers.
The measures provided for in this Regulation are in accordance with the opinion of the Wood Committee established by Decision 2012/105/EU,
HAS ADOPTED THIS REGULATION:
CHAPTER 1 SCOPE AND DEFINITIONS
Article 1
Article 2
For the purposes of this Regulation the definitions set out in Article 1(3), Article 2 and Article 5(3) and (4) of the Protocol shall apply.
In addition, the following definition shall apply: ‘product group’ means each of the two categories of covered products according to the classification of such products under the tariff and statistical nomenclature applied in the Russian Federation, namely spruce (tariff lines 4403 20 110 and 4403 20 190) and pine (tariff lines 4403 20 310 and 4403 20 390). The relevant tariff codes applied in the Russian Federation and corresponding Combined Nomenclature(2) (‘CN’) and TARIC codes are attached as Annex I.