1996R2449 — EN — 01.01.2000 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 2449/96
of 18 December 1996
openingandprovidingfortheadministrationofcertainannualtariffquotasforproductscovered
by CN codes 07141091, 07141099, 07149011 and 07149019 originating in certain third coun-
tries other than Thailand
(OJ L 333, 21.12.1996, p. 14)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2780/1999 of 27 December 1999 L 334 20 28.12.1999
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COMMISSION REGULATION (EC) No 2449/96
of 18 December 1996
opening and providing for the administration of certain annual
tariff quotas for products covered by CN codes 07141091,07141099, 07149011 and 07149019 originating in certain third
countries other than Thailand
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European Community,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996
on the implementation of the concessions set out in Schedule CXLdrawn up in the wake of the conclusion of the GATT XXIV.6 nego-tiations(
1), and in particular Article 1 (1) thereof,
Whereas the Community has undertaken, within the framework of the
World Trade Organization (WTO), to open certain annual tariff quotasfor products covered by CN codes 0714 10 91, 0714 10 99, 0714 90 11and 0714 90 19 originating in Indonesia, in other contracting parties tothe WTO other than Thailand, in the People’s Republic of China and incertain other countries not members of the WTO other than China;whereas under those quotas the customs duty is limited to 6 % ad
valorem; whereas those quotas are to be opened on a multiannual basis
and administered by the Commission;
Whereas it is necessary to maintain a system of administration which
ensures that only products originating in the Republic of Indonesia andthe People’s Republic of China can be imported under the quotasallocated to those countries; whereas, as a result, the issue of importlicences should continue to be subject to the presentation of exportlicences issued by the authorities of those two countries, specimens ofwhich have been sent to the Commission; whereas, as regards productsoriginating in Vietnam, in accordance with the practice followed forseveral years, import licence applications are subject, in addition toother provisions, to presentation of a certificate issued on the initiativeof the exportingcountry;
Whereas, since imports of the products concerned into the Community
have traditionally been administered on a calendar-year basis, thatsystem should be maintained;
Whereas imports of products covered by CN codes 0714 10 91,
0714 10 99, 0714 90 11 and 0714 90 19 are subject to presentation of animport licence for which common detailed rules of application are laiddown in Commission Regulation (EEC) No 3719/88 (
2), as last amended
by Regulation (EC) No 2350/96 (3); whereas Commission Regulation
(EC) No 1162/95 (4), as last amended by Regulation (EC) No 1527/
96 (5), lays down special detailed rules for the application of the system
of licences for cereals and rice;
Whereas the usual additional rules for the management of such quotas,
relatingin particular to the submission of applications, issue of licences,and monitoringof imports should be applied;
Whereas, in particular, the origin of the products should be ascertained
by providingthat the issue of import licences be subject to the presenta-tion of certificates of origin issued by the countries concerned; whereas,however, certificates of origin should not be required for productsoriginating in the People’s Republic of China;
(1) OJ No L 146, 20. 6. 1996, p. 1.
(2) OJ No L 331, 2. 12. 1988, p. 1.
(3) OJ No L 320, 11. 12. 1996, p. 4.
(4) OJ No L 117, 24. 5. 1995, p. 2.
(5) OJ No L 190, 31. 7. 1996, p. 23.
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Whereas, for the sake of sound management of the import arrangementsin question, applications for licences may not cover a quantity in excessof that entered on the document certifyingloadingand shipment to theCommunity; whereas a maximum quantity per application should alsobe laid down in certain cases, and it should be stipulated that in no casemay applications cover a quantity greater than that for which the afore-mentioned proof is provided;
Whereas, in cases where the quantities actually unloaded are slightly in
excess of the quantities given in the import licences, measures to ensurethe release for free circulation of the surplus quantities should beadopted if the country of origin of the products is able to guarantee thatthe formalities needed for this purpose can be executed; whereas Indo-nesia and China appear able to meet this condition;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
TITLE I
Quotas
Article 1
From 1 January 1997 the followingannual tariff quotas are hereby
opened for imports of products covered by CN codes 0714 10 91,0714 10 99, 0714 90 11 and 0714 90 19 at a customs duty rate of 6 %ad valorem:
1. a quota of 825 000 tonnes for the products in question originating in
the Republic of Indonesia;
2. a quota of 145 590 tonnes for the products in question originating in
other member countries of the World Trade Organization (WTO)other than Thailand;
3. a quota of 350 000 tonnes for the products in question originating in
the People’s Republic of China;
4. a quota of 32 000 tonnes for the products in question originating in
other countries not members of the WTO other than China, of which2 000 tonnes shall be reserved for the importation of products of akind used for human consumption, in immediate packings of a netcontent not exceeding28 kilog rams, either fresh and whole orwithout skin and frozen, whether or not sliced.
Article 2
With a view to the release for free circulation of the products referred to
in Article 1, import licence applications shall be lodged in any MemberState and licences issued shall be valid throughout the Community.
Article 3
1. Import licence applications shall be admissible if:
(a) they are accompanied by the original of a certificate drawn up by
the competent authorities of the country concerned certifyingtheorigin of the goods in accordance with the specimen in Annex I;however, such a certificate shall not be necessary for imports ofproducts originating in the People’s Republic of China and referredto in Article 1 (3);
(b) they are accompanied by proof, in the form of a copy of the bill of
lading, that the goods have been loaded in the third country oforigin and are transported to the Community by the vesselmentioned in the application, and, where the third country does nothave direct access to the sea, an international transport documentcertifying transport of the goods from the country of origin to theport of shipment is also provided;
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(c) in the case of products originating in Indonesia and China, they are
accompanied by the relevant export licences as referred to in TitleII issued by the authorities, duly completed in accordance with thespecimen in Annexes II and III. The originals of such licences shallbe kept by the authority issuingthem. However, where the importlicence applications cover only part of the quantity indicated on theexport licence, the issuingauthority shall indicate on the orig inalthe quantity in respect of which the original was used and, afterstampingit, shall return the orig inal to the party concerned. Onlythe quantity indicated in Section 7 of export licences in the case ofIndonesian exports and in Section 9 of export licences in the case ofChinese exports shall be taken into consideration for the purposesof issuingthe import licences;
(d) they relate to a quantity which does not exceed the quantity indi-
cated in the documents referred to in points (a), (b) and (c).
2. Applications for import licences submitted for the purposes of the
release for free circulation of products of a kind used for humanconsumption covered by CN codes 0714 10 91 and 0714 90 11 may notrelate to a quantity in excess of 150 tonnes per interested party actingon his own account.
TITLE II
Export licences
Article 4
1. Export licences issued by the authorities of the Republic of Indo-
nesia and the People’s Republic of China shall be printed in English.
2. The original and copies thereof shall be completed in typescript or
by hand. In the latter case, they must be completed usingink and blockcapitals.
3. Each export licence shall bear a preprinted serial number; in its
uppermost section it shall also bear a licence number. The copies shallbear the same numbers as the original.
Article 5
1. Export licences shall be valid for 120 days from the date of issue.
The day of issue of a licence shall count as part of its terms of validity.
Licences shall not be valid unless their sections are duly completed and
they are authenticated as indicated on them. Quantities must be given infigures and in words.
2. Export licences shall be duly authenticated where they indicate the
date of issue and bear the stamp of the issuingauthority and thesignature of the persons authorized to sign them.
TITLE III
Import licences
Article 6
Licence applications and licences shall indicate:
(a) in Section 8, the third country in which the product concerned
originates.
Importation from that country shall be obligatory;
(b) in Section 24, one of the followingentries:
— Derechos de aduana limitados al 6 % ad valorem [Reglamento
(CE) no2449/96]
— Toldsatsen begrænses til 6 % af værdien (Forordning (EF) nr.
2449/96)
— Beschränkungdes Zolls auf 6 % des Zollwerts (Verordnung
(EG) Nr. 2449/96)
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—Τελωνειακός δασµός κατ ’ανώτατο όριο 6% κατ’αξία
[Κανονισµός (ΕΚ)αριθ. 2449/96]
— Customs duties limited to 6 % ad valorem (Regulation (EC) No
2449/96)
— Droits de douane limités à 6 % ad valorem [Règlement (CE) no
2449/96]
— Dazi doganali limitati al 6 % ad valorem [Regolamento (CE) n.
2449/96]
— Douanerechten beperkt tot 6 % ad valorem (Verordening(EG)
nr. 2449/96)
— Direitos aduaneiros limitados a 6 % ad valorem [Regulamento
(CE) n.o2449/96]
— Arvotulli rajoitettu 6 prosenttiin (asetus (EY) N:o 2449/96)— Tullsatsen begränsad till 6 % av värdet (Förordning (EG) nr
2449/96).
(c) in Section 20, the name of the vessel in which the goods are being
or have been shipped to the Community, the number of the certifi-cate of origin submitted and, in the case of products originating inIndonesia or China, the number and date of the Indonesian orChinese export licence respectively.
Article 7
1. NotwithstandingArticle 10 of Reg ulation (EC) No 1162/95, the
security against import licences shall be ECU 20 per tonne.
However, in the case of products originating in the People’s Republic of
China, the security shall be ECU 5 per tonne.
2. If, pursuant to Article 8 (4), the quantity in respect of which the
licence is issued is less than the quantity in respect of which it wasapplied for, the security correspondingto the difference shall bereleased.
3. The fourth indent of Article 5 (1) of Regulation (EEC) No 3719/
88 shall not apply.
Article 8
1. Licence applications shall be lodged with the competent authori-
ties of the Member States between Monday and Wednesday each week,up to 13.00.
However, the first day each year for lodging applications shall be the
first workingday in January.
2. For products originating in Indonesia or China, licence applica-
tions may relate to imports to be carried out the followingyear if theyare submitted duringDecember on the basis of an export licence issuedby the Indonesian or Chinese authorities for the year in question.
3. Member States shall notify to the Commission by telex or fax on
the day followingthe day on which applications are lodg ed, and notlater than 13.00 on the Thursday followingthe deadline for lodg ingapplications laid down in the first subparagraph of paragraph 1, thefollowingparticulars in respect of each application:
— the country of origin of the product,
— the quantity in respect of which the import licence is applied for,— the name of the applicant,— the number of the certificate of origin submitted and the total
quantity entered in the original document or an extract thereof,
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— the name of the vessel entered in Section 20,
— for products originating in Indonesia or China, the number of the
Indonesian or Chinese export licence indicated in the uppermostsection of the licence.
▼
M1
4. Import licences shall be issued on the fourth workingdayfollowingthe date of their lodg ement, except where the Commissionhas informed the authorities of the Member State by fax or telex that theconditions for issuingthe licences in question have not been met.
In such cases the Commission, havingconsulted the authorities in the
third country of origin where necessary, shall take the appropriatemeasures.
5. Import licences for products originating in Indonesia or China in
respect of which applications are lodged in December for the followingyear shall not be issued before the first workingday in January of theyear in question.
▼
B
Article 9
Subject to Article 10 (2) and notwithstandingArticle 8 (4) of Reg ula-
tion (EEC) No 3719/88, the quantity released for free circulation maynot exceed the quantity indicated in Sections 17 and 18 of importlicences; to that end the figure 0 shall be entered in Section 19 oflicences.
Article 10
1. In the case of products originating in Indonesia, once it has been
verified that the quantities actually unloaded for a given consignmentare in excess of those covered by the import licence(s) issued for thatconsignment, the competent authorities which issued the licence(s)concerned shall, at the request of the importer, notify the Commissionby telex or fax as quickly as possible, on a case-by-case basis, of theIndonesian export licence number(s), the import licence number(s), theexcess quantity and the name of the vessel.
The Commission shall contact the Indonesian authorities with a view to
the issue of new export licences. Pendingtheir preparation, the surplusquantities may not be released for free circulation as longas the newimport licences for the quantities in question cannot be presented. Thenew import licences shall be issued under the terms laid down in Article8.
2. However, notwithstandingparag raph 1, where the quantities
unloaded are not more than 2 % in excess of the quantities covered bythe import licences issued correspondingto the export licences g rantedfor the vessel concerned, the competent authorities in the Member Statewhere release for free circulation is to take place shall, at the request ofthe importer, authorize the release for free circulation of the excessquantities provided that the importer pays a customs duty limited to 6 %advalorem and lodges a security for an amount equal to the difference
between the full duty and that paid.
The Commission, on receipt of the information referred to in the first
subparagraph of paragraph 1, shall contact the Indonesian authoritieswith a view to the issue of new export licences.
Securities shall be released on presentation to the competent authorities
of the Member State in which release for free circulation is to take placeof a supplementary import licence for the excess quantity in question.Application for such licences shall not be subject to the lodging of asecurity against the licence as provided for in Article 14 (2) of Regula-tion (EEC) No 3719/88 and Article 7 of this Regulation. Such licencesshall be issued under the terms of Article 8 on presentation of one ormore new export licences issued by the Indonesian authorities for theexcess quantity in question. The additional import licence shall containin box 20 one of the followingentries:
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— Certificado complementario, apartado 2 del artículo 10 del Regla-
mento (CE) no2449/96
— Supplerende licens, forordning(EF) nr. 2449/96, artikel 10, stk. 2— Zusätzliche Lizenz — Artikel 10 Absatz 2 der Verordnung(EG) Nr.
2449/96
—Συµπληρωµατικό πιστοποιητικό —Άρθρο10παράγραφος 2
του κανονισµού (ΕΚ)αριθ. 2449/96
— Licence for additional quantity, Article 10 (2) of Regulation (EC)
No 2449/96
— Certificat complémentaire, règlement (CE) n
o2449/96, article 10
paragraphe 2
— Titolo complementare, regolamento (CE) n. 2449/96, articolo 10,
paragrafo 2
— Aanvullend certificaat — artikel 10, lid 2, van Verordening(EG) nr.
2449/96
— Certificado complementar, n.o2 do artigo 10.odo Regulamento (CE)
n.o2449/96
— Lisätodistus, asetus (EY) N:o 2449/96, 10 artiklan 2 kohta— Kompletterande licens, artikel 10.2 i förordning(EG) nr 2449/96.
The security shall be forfeit in respect of quantities for which a supple-
mentary import licence is not presented within 4 months, except incases of force majeure, from the date on which the declaration forrelease for free circulation referred to in the first subparagraph isaccepted.
Once the supplementary import licence has been processed and stamped
by the competent authority when the security is released, the licenceshall be returned to the issuingauthority as soon as possible.
3. Application of paragraphs 1 and 2 may not result in importation of
quantities of goods exceeding the overall quota authorized for the year.If, when a supplementary import licence is issued, it is found that theoverall quota has been exceeded, the quantity covered by the supple-mentary licence shall be deducted from the overall quota authorized forthe followingyear.
Article 11
The quantities of products to which each import licence issued relates
shall be deducted from the overall quota for the year of issue of thoselicences.
Licences issued pursuant to this Regulation shall be valid throughout
the Community for 60 days from the date of actual issue.
However, licences issued for products originating in Indonesia or China
shall be valid up to the last day of validity of the export licence plus 30days.
Article 12
This Regulation shall enter into force on 1 January 1997.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX I

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ANEXOII—BILAGII—ANHANGII— ΠΑΡΑΡΤΗΜΑ ΙΙ —ANNEXII—ANNEXEII—ALLEGATO
I I—B ĲLAGE II — ANEXO II — LIITE II — BILAGA II

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ANEXO III — BILAG III — ANHANG III — ΠΑΡΑΡΤΗΜΑ ΙΙΙ — ANNEX III — ANNEXE III —
ALLEGATO III — B ĲLAGE III — ANEXO III — LIITE III — BILAGA III