2001R2305 — EN — 03.12.2001 — 000.001 — 1
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►B COMMISSIONREGULATION(EC)No2305/2001
of27November2001
openingandprovidingforthemanagementofatariffquotaforriceoriginatingintheleastdevel-
opedcountriesforthemarketingyear 2001/02
(OJ L 310, 28.11.2001, p. 10)
Corrected by:
►C1Corrigendum, OJ L 312, 29.11.2001, p. 30 (2305/2001)
►C2Corrigendum, OJ L 334, 18.12.2001, p. 34 (2305/2001)
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COMMISSIONREGULATION(EC)No2305/2001
of27November2001
opening and providing for the management of a tariff quota for
rice originating in the least developed countries for the marketing
year2001/02
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2820/98 of 21 December
1998 applying a multiannual scheme of generalised tariff preferences
for the period 1 July 1999 to 31 December 2001(1), as last amended
by Regulation (EC) No 416/2001(2), and in particular Article 6(6)
thereof,
Whereas:
(1)Article 6(5) of Regulation (EC) No 2820/98 lays down that, until
Common Customs Tariff (CCT) duties are entirely suspended inaccordance with the provisions of paragraph 3, a global tariffquota at zero duty shall be opened for every marketing year forproducts of tariff heading 1006, originating in the least devel-oped countries listed in Annex IV. The initial tariff quota for
the marketing year 2001/02 is to be equal to 2 517 tonnes,
husked rice equivalent, for products of CN code 1006.
(2)The quantities of rice benefiting from the global tariff quota
should be imported under the fairest possible conditions of
competition and in order to avoid disturbances on the Commu-nity market.
(3)For opening and managing the import quota, it is necessary to
provide detailed rules. The rules should aim at ensuring that
economic benefits arising from the existence of quotas (‘quotarent’ effect) will accrue to the beneficiary countries and in parti-cular their agricultural sector.
(4)The detailed rules governing the opening and management of thequota should be valid for only one marketing year. They shall bereviewed at the end of this period, and rules for a longer periodmay subsequently be established in the light of the experiencegained.
(5)The provisions concerning the proof of origin set out in Articles67 to 97 of Commission Regulation (EEC) No 2454/93 of 2 July1993 laying down provisions for the implementation of CouncilRegulation (EEC) No 2913/92 establishing the Community
Customs Code(
3), as last amended by Regulation (EC) No 993/
2001(4), establish the definition of the concept of originating
products to be used for the purposes of generalised tariff prefer-ences.
(6)The measures provided for in this Regulation are in accordancewith the opinion of the Generalised Preferences Committee,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the rules for opening and managing the
tariff quota for rice referred to in Article 6(5) of Regulation (EC) No2820/98, for the marketing year 2001/02.2001R2305 — EN — 03.12.2001 — 000.001 — 2
(1) OJ L 357, 30.12.1998, p. 1.
(2) OJ L 60, 1.3.2001, p. 43.
(3) OJ L 253, 11.10.1993, p. 1.
(4) OJ L 141, 28.5.2001, p. 1.
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Article 2
1. A global tariff quota of 2 517 tonnes of products of CN code
1006, expressed as husked rice equivalent, shall be opened for importsoriginating in the least developed countries listed in Annex IV to Regu-
lation (EC) No 2820/98. The conversion rate between husked rice and
the other products (paddy rice, semi-milled or wholly-milled rice) shallbe as defined in Article 1 of Commission Regulation (EEC) No 467/67(
1), as last amended by Regulation (EEC) No 2325/88(2). The quota
shall bear the order number 09.4171.
2. All common customs tariff duties on imports under the quota
referred to in paragraph 1 are suspended.
3. The quota referred to in paragraph 1 shall be open until 31
August 2002.
Article 3
1. Imports under the quota referred to in Article 2 shall require an
import licence.
2. The provisions of Commission Regulation (EC) No 1291/2000(3),
as last amended by Regulation (EC) No 1095/2001(4), concerning
licences shall apply to licences referred to in paragraph 1, save asotherwise provided in this Regulation.
3. On the day on which licence applications are lodged, the Member
States shall inform the Commission by fax or e-mail of the quantities
broken down by six-digit CN codes, by country of origin for which
import licences have been applied for and the names and addresses ofthe applicants.
4. Import licences shall be issued on the 11th working day following
that on which the application was lodged provided that the quantityspecified in Article 2(1) is not reached.
5. On the day on which the quantities applied for exceed the quota
referred to in Article 2(1), the Commission shall set a single percentage
reduction in the quantities requested and notify this to the Member
States within 10 working days of the day on which applications werelodged.
6. Where the quantity for which the licence is required is less than
20 tonnes following the application of the percentage reduction, thelicence application may be withdrawn within a period of two working
days from the date of notification of the percentage reduction. The
security shall be released immediately.
7. If the quantity for which the import licence is issued is less than
the quantity applied for, the amount of the security referred to inArticle 4(4) shall be reduced proportionately.
8. Notwithstanding Article 9 of Regulation (EC) No 1291/2000, the
rights deriving from import licences shall not be transferable.
Article 4
1. Import licences referred to in Article 3 shall be valid for 6
months.
2. Applications for licences shall be submitted by the operator to the
authorities of the Member State where the applicant is listed in a public
register.
3. Import licences shall be valid throughout the Community. Such
licences shall be issued subject to the lodging of a security guaran-teeing that the product is imported during the term of validity of the2001R2305 — EN — 03.12.2001 — 000.001 — 3
(1) OJ L 204, 24.8.1967, p. 1.
(2) OJ L 202, 27.7.1988, p. 41.
(3) OJ L 152, 24.6.2000, p. 1.
(4) OJ L 150, 6.6.2001, p. 25.
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licence; except in cases of force majeure, the security shall be forfeited
in whole or in part if import or export is not carried out, or is onlycarried out partially, within that period.
4. By derogation of Article 10 of Commission Regulation (EC) No
1162/95(
1), the security relating to the licences as referred to in para-
graph 3 shall be EUR 46 per tonne of rice.
5. Applications for import licences shall be accompanied by:
— proof that the applicant is a natural or legal person who has carried
out a commercial activity in the rice sector for at least 12 monthsand who is registered in the Member State in which the applicationis submitted,
— a written declaration by the applicant stating that he has submitted
one application only. Where an applicant submits more than one
application for an import licence, all his applications shall be
rejected.
6. The tolerance provided in Article 8(4) of Regulation (EC) No
1291/2000 shall not apply.
7. Import licence applications and licences themselves shall include
the following entry, in section 20:
‘Rice originating in … (name of the country or countries referred to
in Annex IV to Regulation (EC) No 2820/98) imported pursuant toArticle 6(5) of Regulation (EC) No 2820/98.’
8. The country of origin shall be entered in section 8 of licence
applications and of the import licences and the word ‘yes’ shall bemarked with a cross.
Article 5
1. Proof of the originating status of the imports under the quota
referred to in Article 2 shall be furnished by a certificate of originForm A issued in accordance with Articles 67 to 97 of Regulation(EEC) No 2454/93.
2. The certificate of origin Form A shall bear, in box 4:
— the phrase ‘Quota — Regulation (EC) No 2305/2001’,
— the date of loading of the rice in the exporting beneficiary country,
and the marketing year in respect of which delivery is being made,
— CN code 1006 (broken down by six-digit CN codes).
Article 6
Member States shall notify to the Commission by fax or email:
(a) within two working days following issue, the quantities for which
licences have been issued, specifying date, country of origin andname and address of holder;
(b) if a licence is cancelled, within two working days following cancel-
lation, the quantities for which licences have been cancelled andthe names and addresses of the holders of the cancelled licences;
(c) on the last working day of the following month, the quantities by
country of origin actually entered for free circulation during eachmonth.
The above information must be notified in the same way but separately
from information on other import licence applications in the rice sector.2001R2305 — EN — 03.12.2001 — 000.001 — 4
(1) OJ L 117, 24.5.1995, p. 2.▼C2
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Article 7
This Regulation shall enter into force on the fifth day following that of
its publication in the Official Journal of the European Communities .
It shall apply from that day until 31 August 2002.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2001R2305 — EN — 03.12.2001 — 000.001 — 5
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