Commission Regulation (EC) No 6/2001 of 4 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1804/98 as regards the opening of a tariff quota for imports of residues from the manufacture of starch from maize falling within CN codes 23031019 and 23099020 and originating in the United States of America
Date: 2001-01-04
Institutions: European Commission
Subjects: CCT duties, United States, import, maize, starch, tariff quota

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Official Journal of the European Communities

5.1.2001

COMMISSION REGULATION (EC) No 6/2001

of 4 January 2001

laying down detailed rules for the application of Council Regulation (EC) No 1804/98 as regards the
opening of a tariff quota for imports of residues from the manufacture of starch from maize falling
within CN codes 2303 10 19 and 2309 90 20 and originating in the United States of America

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1804/98 of 14
August 1998 establishing an autonomous duty applicable for
residues from the manufacture of starch from maize falling
within CN codes 2303 10 19 and 2309 90 20 and introducing
a tariff rate quota on imports of residues from the manufacture
of starch from maize (corn gluten feed) falling within CN codes
2303 10 19 and 2309 90 20 originating in the United States
of America (1), and in particular Article 5 thereof,

Whereas:

(1)

(2)

(3)

Following the safeguard measure imposed by the United
States in the form of a quantitative restriction on
imports of wheat gluten originating inter alia in the
Community, the Council adopted Regulation (EC) No
1804/98, which provides in particular for the applica-
tion of an autonomous duty of EUR 50 per tonne on
residues from the manufacture of starch from maize
falling within CN codes 2303 10 19 and 2309 90 20
and originating in the United States and for the opening
of an annual tariff import quota for 2 730 000 tonnes
of such products subject to a customs duty of EUR 5
per tonne.

That Regulation is to apply from 1 June 2001 or five
days from the date of a decision of the World Trade
Organisation's Dispute Settlement Body acknowledging
that the protective measure applied by the United States
is incompatible with the WTO Agreements.

A decision by the WTO Dispute Settlement Body
acknowledging that the safeguard measure applied by
the United States is incompatible with the WTO Agree-
ments is expected in January 2001. Under those circum-
stances the autonomous duty provided for in Regulation
(EC) No 1804/98 will apply from the fifth day following
the date of the WTO Dispute Settlement Body decision
and the detailed rules governing the opening of the tariff
quota from that date to 31 May 2001 must be laid
down. The opening of any new tariff quota from 1 June
2001 will be dealt with in a subsequent regulation.

lation (EC) No 2787/2000 (3), consolidates the provi-
sions for managing tariff quotas, which are to be used in
chronological order according to the dates of acceptance
of the declarations of release for free circulation.

(5) With a view to efficient management of the quota, a
certificate testifying to the origin of the goods must be
required.

(6)

(7)

(8)

For the sake of legal safety, transitional measures should
be laid down for products that are in the process of
shipment to the Community on the date of implementa-
tion of Regulation (EC) No 1804/98.

The exemption from customs duty will apply once more
after the tariff quota of 2 730 000 tonnes has been used
up.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

The tariff quota set out in the Annex for products originating
in the United States shall be open from the fifth day following
the date of the decision of the WTO Dispute Settlement Body
to 31 May 2001.

Access to the tariff quota shall be conditional on presentation
of a certificate of origin meeting the conditions laid-down in
Article 47 of Regulation (EEC) No 2454/93. Certificates of
origin may be accepted only where the products in question
meet the criteria for determining origin laid down in the rele-
vant Community provisions.

Article 2

The Community tariff quota referred to in Article 1 shall be
managed by the Commission in accordance with Articles 308a,
308b and 308c of Regulation (EEC) No 2454/93.

(4)

Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of
Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code (2), as last amended by Regu-

Article 3

1.
This Regulation and the autonomous duty shall not apply
to products that are in the process of shipment from the
United States to the Community.

(1) OJ L 233, 20.8.1998, p. 1.
(2) OJ L 318, 20.12.1993, p. 18.

(3) OJ L 330, 27.12.2000, p. 1.

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2.

Products that:

Article 4

— have left the United States before the entry into force of

this Regulation, and

— are loaded under cover of a transport document valid from
the place of loading in the United States to the place of
unloading in the Community and issued before the entry
into force of this Regulation

shall be deemed to be in the process of shipment to the
Community.

3.
Paragraph 1 shall apply on condition that the parties
concerned provide proof to the satisfaction of the customs
authorities that the conditions laid down in paragraph 2 are
met.

The rate of customs duty applicable to quantities of products
covered by this Regulation and imported in excess of the
quantity laid down in the Annex before 1 June 2001 shall be
zero and the tariff quota in question shall be closed imme-
diately.

Article 5

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

It shall apply from the fifth day following the date of the
decision of the WTO Dispute Settlement Body.

The Commission shall publish a notice in the Official journal of
the European Communities
the WTO
Dispute Settlement Body decision.

indicating the date of

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

Done at Brussels, 4 January 2001.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

Serial number

CN code

Description

Quota from …
to 31 May 2001
(tonnes)

Tariff quota duty

09.0400

2303 10 19
2309 90 20

Residues from the manufacture of
starch from maize

2 730 000

EUR 5/tonne