Commission Regulation (EC) No 1401/2002 of 31 July 2002 laying down detailed rules for the opening and administration of the tariff quotas for rice, originating in the least developed countries, for the marketing years 2002/03 to 2008/09
Date: 2002-07-31
Institutions: European Commission
Subjects: certificate of origin, import, import licence, least-developed country, marketing, originating product, rice, tariff quota

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Official Journal of the European Communities

1.8.2002

COMMISSION REGULATION (EC) No 1401/2002

of 31 July 2002

laying down detailed rules for the opening and administration of the tariff quotas for rice,
originating in the least developed countries, for the marketing years 2002/03 to 2008/09

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(6)

Having regard to Council Regulation (EC) No 2501/2001 of 10
December 2001 applying a scheme of generalised tariff prefer-
ences for the period from 1 January 2002 to 31 December
2004 (1), and in particular Article 9(6) thereof,

period, and in the light of the experience gained in the
first year, rules for a longer period may subsequently be
established.

The provisions concerning the proof of origin set out in
Articles 67 to 97 of Commission Regulation (EC) No
2454/93 of 2 July 1993 laying down provisions for the
implementation of Council Regulation (EC) No 2913/92
establishing the Community Customs Code (5), as last
amended by Regulation (EC) No 444/2002 (6), establish
the definition of the concept of originating products to
be used for the purposes of generalised tariff preferences.

Whereas:

Article 9(5) of Regulation (EC) No 2501/2001 lays down
that, until Common Customs Tariff duties are entirely
suspended as from 1 September 2009, a global tariff
quota at zero duty is to be opened for every marketing
year for products of CN code 1006, originating in a
country that according to Annex I of that Regulation,
benefits from the special arrangements for least devel-
oped countries. The tariff quota for the marketing year
2002/03 is to be equal to 2 895 tonnes, husked rice
equivalent, for products of CN code 1006. For each of
the quotas shall be
the following marketing years,
increased by 15 % over the quotas of
the previous
marketing year.

Those provisions have to be implemented within the
framework of the common trading system established by
Council Regulation (EC) No 3072/95 of 22 December
1995 on the common organisation of the market in
rice (2), as last amended by Regulation (EC) No 411/
2002 (3).

(7)

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 the opening and admin-
istration of the tariff quotas for rice referred to in Article 9(5)
of Regulation (EC) No 2501/2001, for the marketing years
2002/03, 2003/04, 2004/05, 2005/06, 2006/07, 2007/08 and
2008/09.

Article 2

The detailed rules governing the opening and administra-
tion of the quota should be valid for the seven marketing
years.

For the purposes of this Regulation, ‘marketing year’ shall mean
the marketing year referred to in Article 2 of Regulation (EC)
No 3072/95.

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.

Commission Regulation (EC) No 2305/2001 of 27
November 2001 on opening a tariff quota for rice, origi-
nating in the least developed countries, for the marketing
year 2001/02 (4), was valid for only one marketing year.
that
Its fourth recital

the end of

specifies

that at

(1) OJ L 346, 31.12.2001, p. 1.
(2) OJ L 329, 30.12.1995, p. 18.
(3) OJ L 62, 4.3.2002, p. 27.
(4) OJ L 310, 28.11.2001, p. 10.

Article 3

1.
Global tariff quotas set at zero duty for products of CN
code 1006, expressed as husked rice equivalent, are opened for
the seven marketing years commencing 2002/03, in accordance
with the table set out in the Annex.

Those quotas shall apply only to imports originating in the
countries which, pursuant to Annex I to Regulation (EC) No
2501/2001, benefit from the special arrangements for least
developed countries.

(5) OJ L 253, 11.10.1993, p. 1.
(6) OJ L 68, 12.3.2002, p. 11.

(1)

(2)

(3)

(4)

(5)

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The conversion rate between husked rice and paddy rice,
2.
semi-milled or wholly-milled rice shall be the rate laid down in
Article 1 of Commission Regulation No 467/67/EEC (1).

For broken rice, quantities demanded shall be counted as such.

(b) a written declaration by the applicant stating that he has
submitted only one application in respect of the quota
referred to in Article 3(1), or, if the case arises, in respect of
the remaining quantity available for the additional tranche
referred to in Article 5(4).

All Common Customs Tariff duties on imports under the

3.
quotas referred to in paragraph 1 shall be suspended.

Where an applicant submits more than one application for an
import licence, all his applications shall be rejected.

Article 4

Article 5

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

Imports under the quotas referred to in Article 3(1) shall
2.
be conditional upon presentation of an import licence issued in
accordance with this Regulation.

Applications for import licences shall be lodged with the
3.
competent authorities in the Member States in the first five
working days of the marketing year concerned.

Each licence application shall be for a quantity that may not
exceed the quantity available for the import of husked rice
equivalent in the marketing year concerned.

The import licence application and the import licence

4.
shall contain the following information:

(a) in section 8, the name of the country of origin. The word

‘yes’ shall be marked with a cross;

(b) in section 20, the following indication:

‘Rice originating in … (name of the country referred to in
Annex I
imported
to Regulation (EC) No 2501/2001)
pursuant to Article 9(5) of Council Regulation (EC) No
2501/2001’.

1. Within two working days following the last day of the
period referred to in Article 4(3), the Member State shall notify
the Commission of the quantities for which import licences
have been requested, broken down by eight-digit CN codes and
by country of origin.

Member States shall also notify the name and addresses of the
applicants, as well as the number and title of this Regulation.

Notifications shall be sent to the Commission by e-mail or by
fax on the forms supplied by the Commission to the Member
States for that purpose.

Notification shall be made even where no application has been
submitted in a Member State: it shall state that no submission
has been received within the period referred to in Article 4(3).

2. Within the 10 working days following the last day of the
period referred to in paragraph 1, the Commission shall decide
to what extent the applications may be accepted.

If the total of the quantities applied for exceeds the quantity of
the relevant quota,
the Commission shall set a percentage
reduction coefficient to be applied to each application.

5.
The import
following information:

licence shall contain,

in section 24,

the

‘Exemption from customs duty up to the quantity indicated
in sections 17 and 18 of this licence (Regulation (EC) No
1401/2002)’.

less than 20 tonnes per application,

3.
If the application of the percentage referred to in para-
graph 2 results, in any Member State, in one or more quantities
the Member State
of
concerned shall allocate the total of these quantities by drawing
lots among applicants by composing one or more 20-tonne lots
and, where applicable, the remaining lot.

6.
By way of derogation from Article 10 of Commission
Regulation (EC) No 1162/95 (3), the security for the import
licences shall be EUR 46 per tonne.

Applications for import licences for the quota concerned

7.
shall be accompanied by:

(a) 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,

4.
If the total or parts of the quotas referred to in Article
3(1) are not covered by import licences issued, the remaining
quantities may be covered by an additional tranche in February
of the marketing year in question. The procedure under this
licences shall apply mutatis
Regulation for
mutandis.

issuing import

Article 6

(1) OJ 204, 24.8.1967, p. 1.
(2) OJ L 152, 24.6.2000, p. 1.
(3) OJ L 117, 24.5.1995, p. 2.

1. Within two working days of the date of publication of the
Commission’s decision, import licences shall be issued for the
quantities resulting from the application of Article 5.

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By way of derogation from Article 9 of Commission
2.
Regulation (EC) No 1291/2000, rights deriving under import
licences shall not be transferable.

Import licences issued pursuant to this Regulation shall
3.
be valid as from the actual day of issue. By way of derogation
from Article 6(1) of Regulation (EC) No 1162/95,
import
licences shall be valid until the end of the sixth month there-
after.

However, the period of validity of import licences may not
extend beyond the end of the marketing year.

Article 7

1.
Proof of the originating status of the imports under the
quotas referred to in Article 3(1) shall be furnished by the certi-
ficate of origin Form A issued in accordance with the provi-
sions of Articles 67 to 97 of Regulation (EEC) No 2454/93.

2.

The certificate of origin Form A shall bear, in box 4:

(a) the phrase ‘Quota — Regulation (EC) No 1401/2002’;

(b) the date of loading of the rice in the exporting beneficiary
in respect of which

country, and the marketing year
delivery is being made;

Article 8

Member States shall notify the Commission by fax or e-mail:

(a) within two working days following issue of the import
licence referred to in Article 6(1), the quantities, broken
down by eight-digit CN codes, for which licences have been
issued, specifying date, country of origin and name and
address of holder;

(b) within two working days following cancellation,

if an
import licence already issued is cancelled, the quantities,
broken down by eight-digit CN codes, 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 second subsequent month,
the quantities, broken down by eight-digit CN codes, by
country of origin actually entered for free circulation during
each month.

The above information must be notified in the same way as,
but separately from, information on other import licences in
the rice sector.

A notification shall be sent even if no licence has been issued
and/or no imports have taken place in the period concerned.
The notification shall indicate the absence of any issued certifi-
cate and/or of any imports.

Article 9

(c) CN code 1006, broken down by eight-digit CN codes.

This Regulation shall enter into force on 1 September 2002.

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

Done at Brussels, 31 July 2002.

For the Commission

Pascal LAMY

Member of the Commission

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ANNEX

(Table referred to in Article 3(1))

Order No

09.4172

09.4173

09.4174

09.4175

09.4176

09.4177

09.4178

Volume
(tonnes of husked rice equivalent)

2 895

3 329

3 828

4 402

5 062

5 821

6 694

Marketing year

2002/03

2003/04

2004/05

2005/06

2006/07

2007/08

2008/09