2005R0955 — EN — 01.01.2007 — 001.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:









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COMMISSION REGULATION (EC) No 955/2005

of 23 June 2005

opening a Community import quota for rice originating in Egypt







THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice ( 1 ), and in particular Articles 10(2) and 13(1) thereof, Whereas: (1) Protocol 1 of the Euro-Mediterranean Agreement, as amended by the Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union ( 2 ), attached to Council Decision 2005/89/EC ( 3 ), provides for a new tariff quota for the import into the Community of 5 605 tonnes of rice originating in Egypt with a 100 % reduction in the value of the customs duty calculated in accordance with Article 11 of Regulation (EC) No 1785/2003. That quota must therefore be opened and certain rules laid down for managing it. (2) The quota is to apply on an annual basis from 1 January to 31 December, with effect from 1 May 2004. The quantity for 2005 must therefore be increased proportionately to take account of the fact that the quota was not open in the period 1 May 2004 to 31 December 2004. (3) The general rules on import licences laid down by Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products ( 4 ) and Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice ( 5 ) must apply. With a view to sound management of this quota, however, special rules supplementing or derogating from Regulations (EC) No 1291/2000 and (EC) No 1342/2003 must be adopted as regards the submission of applications, the issuing of licences, the presentation of proof and the use thereof. (4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, Whereas: HAS ADOPTED THIS REGULATION:







Article 1

An annual tariff quota is hereby opened under this Regulation for 5 605 tonnes of rice covered by CN code 1006, originating in Egypt and qualifying for a 100 % reduction in the value of the customs duty calculated ►M2 n accordance with Articles 11, 11a, 11c and 11d of Regulation (EC) No 1785/2003 ◄ .

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The serial number of the quota shall be 09.4079.

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Commission Regulations (EC) Nos 1291/2000, 1342/2003 and 1301/2006 ( 6 ) shall apply to the quota referred to in the first paragraph, save as otherwise provided for in this Regulation.

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Article 2

1. Applications for import licences shall cover not less than 100 tonnes and not more than 1 000 tonnes of rice.

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3. Notwithstanding Article 6(1) of Regulation (EC) No 1301/2006, applicants may submit more than one licence application per quota period. However, applicants may submit only one licence application per week for each eight-digit CN code.

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Article 3

1. Import licence applications and import licences shall contain the following entries:

(a) the word ‘Egypt’ in box 8, ‘yes’ being marked with a cross;

(b) one of the entries listed in the Annex hereto in box 24.

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3. Article 12 of Regulation (EC) No 1342/2003 notwithstanding, the security for import licences shall be equal to the customs duty calculated ►M2 in accordance with Articles 11, 11a, 11c and 11d of Regulation (EC) No 1785/2003 ◄ and applying on the date of the application.

4. The reduced customs duty under Article 1 shall apply subject to the presentation, upon the entry of the rice into free circulation, of a transport document and EUR.1 movement certificate in accordance with Protocol 4 of the Euro-Mediterranean Agreement, issued in Egypt and relating to the consignments in question.

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Article 4

1. Import licence applications shall be lodged with the competent authorities of the Member States no later than each Monday at 13.00 (Brussels time).

However, for 2007, the period for lodging the first applications shall begin only on the first working day of 2007 and shall end no later than 8 January 2007, and the first Monday on which import licence applications are to be sent to the Commission in accordance with Article 5(a) shall be Monday 8 January 2007.

2. Import licences shall be issued on the eighth working day following the final day for the lodging of licence applications, provided that the quantity laid down in Article 1 has not been reached.

Notwithstanding Article 6(1) of Regulation (EC) No 1342/2003, import licences shall be valid until the end of the month following that in which they were issued.

3. Where the quantities applied for in a given week exceed the quantity available under the quota provided for in Article 1, the Commission shall fix, no later than the fourth working day following the last day for the submission of applications for that week, an award coefficient for the quantities applied for during that week, reject applications submitted in respect of the following weeks and suspend the issue of import licences until the end of the year in question.

4. If the award coefficient referred to in the first subparagraph results in one or more quantities of less than 20 tonnes per application, Member States shall allocate the total of such quantities by drawing lots among the operators concerned for each quantity of 20 tonnes, with the remainder distributed equally between the 20-tonne quantities. However, where adding together the quantities of less than 20 tonnes does not result in the constitution of a 20-tonne quantity, the remainder shall be distributed by the Member State equally between the operators whose licences are for 20 tonnes or more.

Where, following the application of the first paragraph, the quantity for which a licence is to be issued is less than 20 tonnes, the licence application may be withdrawn by the operator within two working days following the date of entry into force of the Regulation fixing the award coefficient.

Article 5

The Member States shall send the Commission, by electronic means:

(a) on the final day for the submission of licence applications, no later than 18.00 (Brussels time), the information on the import licence applications referred to in Article 11(1)(a) of Regulation (EC) No 1301/2006, with a break-down by eight-digit CN code of the quantities covered by those applications;

(b) no later than the second working day following the issue of the import licences, information on the licences issued, as referred to in Article 11(1)(b) of Regulation (EC) No 1301/2006, with a break-down by eight-digit CN code of the quantities for which import licences have been issued;

(c) no later than the last day of each month, the total quantities actually released for free circulation under this quota during the previous month but one, broken down by eight-digit CN code. If no quantities have been released for free circulation during the period, a ‘nil’ notification shall be sent.

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Article 7

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

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

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ANNEX

Entries referred to in Article 3, paragraph 1, point b)

— In Bulgarian: Нулева ставка на митото [Регламент (ЕО) № 955/2005]

— In Spanish: Derecho cero [Reglamento (CE) no 955/2005]

— In Czech: Nulové clo (nařízení (ES) č. 955/2005)

— In Danish: Nultold (forordning (EF) nr. 955/2005)

— In German: Zollsatz Null (Verordnung (EG) Nr. 955/2005)

— In Estonian: Nullmääraga tollimaks (määrus (EÜ) nr 955/2005)

— In Greek: Μηδενικός δασμός [κανονισμός (ΕΚ) αριθ. 955/2005]

— In English: Zero duty (Regulation (EC) No 955/2005)

— In French: Droit zéro [règlement (CE) no 955/2005]

— In Italian: Dazio zero [regolamento (CE) n. 955/2005]

— In Latvian: Nodokļa nulles likme (Regula (EK) Nr. 955/2005)

— In Lithuanian: Nulinis muito tarifas (Reglamentas (EB) Nr. 955/2005)

— In Hungarian: Nulla vámtétel (955/2005/EK rendelet)

— In Maltese: Bla dazju (Regolament (KE) Nru 955/2005)

— In Dutch: Nulrecht (Verordening (EG) nr. 955/2005)

— In Polish: Stawka zerowa (rozporządzenie (WE) nr 955/2005)

— In Portuguese: Direito nulo [Regulamento (CE) n.o 955/2005]

— In Romanian: Taxă zero [Regulamentul (CE) nr. 995/2005]

— In Slovak: Nulové clo (nariadenie (ES) č. 955/2005)

— In Slovenian: Dajatev nič (Uredba (ES) št. 955/2005)

— In Finnish: Tullivapaa (asetus (EY) N:o 955/2005)

— In Swedish: Nolltull (förordning (EG) nr 955/2005).