Commission Regulation (EC) No 2305/2001 of 27 November 2001 opening and providing for the management of a tariff quota for rice originating in the least developed countries for the marketing year 2001/02
Date: 2001-11-27
Institutions: European Commission
Subjects: developing countries, import licence, rice, suspension of customs duties, tariff preference, tariff quota

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Official Journal of the European Communities

28.11.2001

COMMISSION REGULATION (EC) No 2305/2001

of 27 November 2001

opening and providing for the management of a tariff quota for rice originating in the least
developed countries for the marketing year 2001/02

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)

(2)

(3)

(4)

(5)

Article 6(5) of Regulation (EC) No 2820/98 lays down
that, until Common Customs Tariff (CCT) duties are
entirely suspended in accordance with the provisions of
paragraph 3, a global tariff quota at zero duty shall be
opened for every marketing year for products of tariff
heading 1006, originating in the least developed coun-
tries 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.

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 distur-
bances on the Community market.

For opening and managing the import quota, it is neces-
sary to provide detailed rules. The rules should aim at
ensuring that economic benefits arising from the exis-
tence of quotas (‘quota rent’ effect) will accrue to the
beneficiary countries and in particular their agricultural
sector.

The detailed rules governing the opening and manage-
ment of
the quota should be valid for only one
marketing year. They shall be reviewed at the end of this
period, and rules for a longer period may subsequently
be established in the light of the experience gained.

The provisions concerning the proof of origin set out in
Articles 67 to 97 of Commission Regulation (EEC) No
2454/93 of 2 July 1993 laying down provisions for the

(1) OJ L 357, 30.12.1998, p. 1.
(2) OJ L 60, 1.3.2001, p. 43.

implementation of Council Regulation (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 preferences.

(6)

The measures provided for in this Regulation are in
accordance with the opinion of the Generalised Prefer-
ences 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) No 2820/98, for the marketing year 2001/02.

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 imports originating in the least developed countries
listed in Annex IV to Regulation (EC) No 2820/98. The conver-
sion rate between husked rice and the other products (paddy
rice, semi-milled or wholly-milled rice) shall be as defined in
Article 1 of Commission Regulation (EEC) No 467/67 (5), as
last amended by Regulation (EEC) No 2325/88 (6). The quota
shall bear the order number 09.4171.

All common customs tariff duties on imports under the

2.
quota referred to in paragraph 1 are suspended.

The quota referred to in paragraph 1 shall be open until

3.
31 August 2002.

Article 3

Imports under the quota referred to in Article 2 shall

1.
require an import licence.

2.
The provisions of Commission Regulation (EC) No 1291/
2000 (7), as last amended by Regulation (EC) No 1095/
2001 (8), concerning licences shall apply to licences referred to
in paragraph 1, save as otherwise provided in this Regulation.

(3) OJ L 253, 11.10.1993, p. 1.
(4) OJ L 141, 28.5.2001, p. 1.
(5) OJ L 204, 24.8.1967, p. 1.
(6) OJ L 202, 27.7.1988, p. 41.
(7) OJ L 152, 24.6.2000, p. 1.
(8) OJ L 150, 6.6.2001, p. 25.

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On the day on which licence applications are lodged, the
3.
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 of the applicants.

— 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.

4.
Import licences shall be issued on the 11th working day
following that on which the application was lodged provided
that the quantity specified 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 were lodged.

6. Where the quantity for which the licence is required is
less than 20 tonnes following the application of the percentage
reduction, the licence 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 imme-
diately.

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 in Article 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

Import licences referred to in Article 3 shall be valid for 6

1.
months.

Applications for licences shall be submitted by the oper-
2.
ator to the authorities of the Member State where the applicant
is listed in a public register.

be

valid

Import

licences

throughout

3.
shall
the
to the
Community. Such licences shall be issued subject
lodging of a security guaranteeing that the product is imported
during the term of validity of the 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 only carried 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 paragraph 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 months and who is registered in the Member
State in which the application is submitted,

(1) OJ L 117, 24.5.1995, p. 2.

The tolerance provided in Article 8(4) of Regulation (EC)

6.
No 1291/2000 shall not apply.

Import licence applications and licences themselves shall

7.
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 to Article 6(5) of Regulation (EC) No
2820/98.’

The country of origin shall be entered in section 8 of
8.
licence applications and of the import licences and the word
‘yes’ shall be marked with a cross.

Article 5

Proof of the originating status of the imports under the
1.
quota referred to in Article 2 shall be furnished by a certificate
of origin Form 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 …/…’,

— 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 and name and address of holder;

(b) if a licence is cancelled, within two working days following
cancellation, the quantities for which licences have been
cancelled and the names and addresses of the holders of the
cancelled licences;

(c) on the last working day of the following month, the quant-
ities by country of origin actually entered for free circula-
tion during each month.

The above information must be notified in the same way but
separately from information on other import licence applica-
tions in the rice sector.

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28.11.2001

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

It shall apply from that day until 31 August 2002.

Article 7

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

Done at Brussels, 27 November 2001.

For the Commission

Pascal LAMY

Member of the Commission