Commission Regulation (EC) No 2274/2003 of 22 December 2003 opening and providing for the administration of a Community tariff quota for 2004 for manioc originating in Thailand
Date: 2003-12-22
Institutions: European Commission
Subjects: Thailand, cassava, originating product, tariff quota

23.12.2003

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 2274/2003

of 22 December 2003

opening and providing for the administration of a Community tariff quota for 2004 for manioc
originating in Thailand

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the 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 CXL drawn up in the wake of the conclusion of the
GATT XXIV(6) negotiations (1), and in particular Article 1(1)
thereof,

Whereas:

(1)

(2)

(3)

(4)

During the World Trade Organisation multilateral trade
negotiations, the Community undertook to open a tariff
quota restricted to 21 million tonnes of products falling
within CN codes
and
0714 10 10,
0714 10 99 originating in Thailand per four-year period,
with customs duty reduced to 6 %. This quota must be
opened and administered by the Commission.

0714 10 91

It is necessary to keep an administration system which
ensures that only products originating in Thailand may
be imported under the quota. The issue of an import
licence should therefore continue to be subject to the
presentation of an export certificate issued by the Thai
authorities, a specimen of which has been notified to the
Commission.

Since imports to the Community market of the products
concerned have traditionally been administered on the
basis of a calendar year, this system should be retained.
A quota must therefore be opened for 2004.

import of products

The
covered by CN codes
0714 10 10, 0714 10 91 and 0714 10 99 is subject to
the presentation of an import licence in accordance with
Commission Regulation (EC) No 1291/2000 of 9 June
2000 laying down common detailed rules for the appli-
cation of the system of import and export licences and
advance fixing certificates for agricultural products (2), as
last amended by Regulation (EC) No 325/2003 (3), and
with 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 (4).

(1) OJ L 146, 20.6.1996, p. 1.
(2) OJ L 152, 24.6.2000, p. 1.
(3) OJ L 47, 21.2.2003, p. 21.
(4) OJ L 189, 29.7.2003, p. 12.

In the light of past experience and taking into account
that the Community concession provides for an overall
quantity for four years with an annual maximum of
5 500 000 tonnes, it is advisable to maintain measures
which, under certain conditions, either
facilitate the
release for free circulation of quantities of products
exceeding those given in the import licences, or allow
the difference between the figure given in the import
licences and the smaller figure actually imported to be
carried forward.

In order to ensure the correct application of the agree-
ment, a system of strict and systematic controls is
needed that take account of the information given on
the Thai export certificates and the Thai authorities'
procedures for issuing export certificates.

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

(6)

(7)

HAS ADOPTED THIS REGULATION:

CHAPTER I

OPENING OF THE QUOTA

Article 1

1.
An import tariff quota for 5 500 000 tonnes of manioc
falling within CN codes 0714 10 10, 0714 10 91 and
0714 10 99 originating in Thailand is hereby opened for the
period 1 January to 31 December 2004.

The customs duty applicable is hereby fixed at 6 % ad valorem.

The serial number of the quota shall be 09.4008.

The products referred to in paragraph 1 shall benefit from
2.
the arrangements provided for in this Regulation on condition
that they are imported under import licences issued subject to
the submission of a certificate for export to the European Com-
munity issued by the Department of Foreign Trade, Ministry of
Commerce, Government of Thailand, hereinafter referred to as
an ‘export certificate’.

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CHAPTER II

EXPORT CERTIFICATES

Article 2

There shall be one original and at least one copy of the
to be made out on a form of which a

1.
export certificate,
specimen is given in the Annex.

The size of the form shall be approximately 210 × 297 milli-
metres. The original shall be made out on white paper having a
printed yellow guilloche pattern background so as to reveal any
falsification by mechanical or chemical means.

2.

Export certificates shall be completed in English.

3.
The original and copies of export certificates shall be
completed in typescript or in handwriting. In the latter case,
they must be completed in ink and in block capitals.

Each export certificate shall bear a pre-printed serial
4.
number;
in the upper section it shall also bear a certificate
number. The copies shall bear the same numbers as the
original.

Article 3

Export certificates issued from 1 January to 31 December
1.
2004 shall be valid for 120 days from the date of issue. The
date of issue of the certificate shall be included in the period of
validity of the certificate.

For the certificate to be valid,
its different sections must be
properly completed and duly authenticated in accordance with
paragraph 2. In the ‘shipped weight’ section, the quantity must
be written out in full and also given in figures.

2.
The export certificate shall be duly authenticated when it
indicates the date of issue and bears the stamp of the issuing
body and the signature of the authorised person or persons.

CHAPTER III

IMPORT LICENCES

Article 4

Applications for an import licence for products falling within
CN codes 0714 10 10, 0714 10 91 and 0714 10 99 origin-
ating in Thailand, drawn up in accordance with Regulations
(EC) No 1291/2000 and (EC) No 1342/2003,
shall be
submitted to the competent authorities in the Member States
accompanied by the original of the export certificate.

quantity indicated on the export certificate, the issuing body
shall indicate on the original the quantity for which it was used
and, after affixing its stamp, shall return it
to the party
concerned.

Only the quantity indicated under ‘shipped weight’ on the
export certificate shall be taken into consideration for the issue
of the import licence.

Article 5

Where it is found that the quantities actually unloaded in a
given consignment are greater than the total figuring on the
import licence or licences issued for this consignment, the
competent authorities who issued the import licence or licences
concerned shall, at the request of the importer, communicate
to the Commission by telex or fax, case by case and as soon as
possible, the number or numbers of the Thai export certificates,
the number or numbers of the import licences, the excess
quantity concerned and the name of the cargo vessel.

The Commission shall contact the Thai authorities so that new
export certificates may be drawn up.

Until the new certificates have been drawn up, the excess quan-
tities may not be released for free circulation under this Regu-
lation unless new import licences are presented for the quanti-
ties concerned.

New import licences shall be issued on the terms laid down in
Article 10.

Article 6

As an exception to the third subparagraph of Article 5, where
it is found that the quantities actually unloaded in the case of a
given delivery do not exceed the quantities covered by the
import licence or licences presented by more than 2 %, the
competent authorities of the Member State of release for free
circulation shall, at the importer's request, authorise the release
for free circulation of
the surplus quantities in return for
payment of a customs duty with a ceiling of 6 % ad valorem and
the lodging by the importer of a security of an amount equal
to the difference between the duty laid down in the Common
Customs Tariff and the duty paid.

The security shall be released upon presentation to the compe-
tent authorities of the Member State of release for free circula-
tion of an additional
the quantities
concerned. The security referred to in Article 15(2) of Regu-
lation (EC) No 1291/2000 or Article 8 of this Regulation shall
not be required for additional licences.

import

licence

for

The original of the export certificate shall be retained by the
body which issues the import licence. However, where the
application for an import licence relates to only a part of the

Additional
import licences shall be issued on the terms laid
down in Article 10 and on presentation of one or more new
export certificates issued by the Thai authorities.

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Section 20 of additional import licences shall contain one of
the following entries:

— Certificado complementario, artículo 6 del Reglamento (CE)

no 2274/2003

— Supplerende licens, forordning (EF) nr. 2274/2003, artikel

6

— Zusätzliche Lizenz — Artikel 6 der Verordnung (EG) Nr.

2274/2003

— Συµπληρωµατικό πιστοποιητικό — Άρθρο 6 του κανονισµού

(ΕΚ) αριθ. 2274/2003

Article 9

Section 8 of applications for import licences and the

1.
licences themselves shall be marked ‘Thailand’.

2.

Import licences shall contain:

(a) in section 24, one of the following entries:

— Derechos de aduana limitados al 6 % ad valorem [Regla-

mento (CE) no 2274/2003]

— Toldsatsen begrænses til 6 % af værdien (forordning (EF)

nr. 2274/2003)

— Licence for additional quantity, Article 6 of Regulation (EC)

— Beschränkung des Zolls auf 6 % des Zollwerts (Verord-

No 2274/2003

— Certificat complémentaire, règlement (CE) no 2274/2003,

article 6

— Titolo complementare, regolamento (CE) n. 2274/2003 arti-

colo 6

nung (EG) Nr. 2274/2003)

— Τελωνειακός δασµός κατ' ανώτατο όριο 6 % κατ' αξία

[κανονισµός (ΕΚ) αριθ. 2274/2003]

— Customs duties limited to 6 % ad valorem (Regulation

(EC) No 2274/2003)

— Droits de douane limités à 6 % ad valorem [règlement

— Aanvullend certificaat — artikel 6, van Verordening (EG)

(CE) no 2274/2003]

nr. 2274/2003

— Certificado complementar, artigo 6.o do Regulamento (CE)

n.o 2274/2003

— Lisätodistus, asetus (EY) N:o 2274/2003, 6 artikla

— Kompletterande licens, artikel 6 i förordning (EG) nr 2274/

2003.

for which an additional

Except in cases of force majeure, the security shall be forfeit for
quantities
licence is not
presented within four months from the date of acceptance of
the declaration of release for free circulation referred to in the
first subparagraph. It shall be forfeit in particular for quantities
for which no additional import licence has been issued under
Article 10, first subparagraph.

import

After the competent authority has entered the quantity on the
additional import licence and authenticated the entry, when the
security provided for in the first subparagraph is released, the
licence shall be returned to the issuing body as soon as
possible.

Article 7

Applications for import licences under this Regulation may be
submitted in all Member States and licences issued shall be
valid throughout the Community.

The fourth indent of the first subparagraph of Article 5(1) of
Regulation (EC) No 1291/2000 shall not apply to imports
carried out under this Regulation.

— Dazi doganali limitati al 6 % ad valorem [regolamento

(CE) n. 2274/2003]

— Douanerechten beperkt

tot 6 % ad valorem (Veror-

dening (EG) nr. 2274/2003)

— Direitos aduaneiros limitados a 6 % ad valorem [Regula-

mento (CE) n.o 2274/2003]

— Arvotulli rajoitettu 6 prosenttiin (asetus (EY) N:o 2274/

2003)

— Tullsatsen begränsad till 6 % av värdet (förordning (EG)

nr 2274/2003)

(b) in section 20, the following information:

(i) the name of the cargo vessel as given in the Thai export

certificate,

(ii) the number and date of the Thai export certificate.

3.
The import licence shall be accepted in support of a
declaration of release for free circulation only if it is shown, in
particular by a copy of the bill of lading presented by the party
concerned, that the products for which release for free circula-
tion is requested have been transported to the Community by
the vessel referred to in the import licence.

4.
Subject to Article 6 of this Regulation, and as an excep-
tion to Article 8(4) of Regulation (EC) No 1291/2000, the
quantity released for free circulation may not exceed that
shown in sections 17 and 18 of the import licence. The figure
0 shall be entered to that effect in section 19 of the said
licence.

Article 10

Article 8

As an exception to Article 12 of Regulation (EC) No 1342/
2003, the security relating to the import licences provided for
in this Regulation shall be EUR 5 per tonne.

Import
licences shall be issued on the fifth working day
following the day on which the application is lodged, except
where the Commission informs the competent authorities of
the Member State by telex or fax that the conditions laid down
in this Regulation have not been fulfilled.

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At the request of the party concerned, and following communi-
cation of the Commission's agreement by telex or fax, the
import licence may be issued within a shorter period.

Where the conditions governing the issue of the import licence
have not been complied with, the Commission may, where
necessary, and following consultation with the Thai authorities,
adopt appropriate measures.

Article 11

As an exception to Article 6 of Regulation (EC) No 1342/2003,
the last day of the period of validity of the import licence shall
correspond to the last day of the period of validity of the corre-
sponding export certificate plus 30 days.

Article 12

1.
The Member States shall notify the Commission each day
by telex or fax of the following information concerning each
import licence application:

(a) the quantity for which each import licence is requested,
‘additional import

with the indication, where appropriate,
licence’;

(b) the name of the applicant for the import licence;

(c) the number of the export certificate submitted, as indicated

in the upper section of the certificate;

(d) the date of issue of the export certificate;

(e) the total quantity for which the export certificate was

issued;

(f) the name of
certificate.

the

exporter

indicated on the

export

2.
No later than the end of the first six months of 2005, the
authorities responsible for issuing import licences shall send
the Commission, by telex or fax, a complete list of quantities
not taken up as endorsed on the back of the import licences,
the name of the cargo vessel and the numbers of the export
certificates in question.

CHAPTER IV

FINAL PROVISIONS

Article 13

This Regulation shall enter into force on 1 January 2004.

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

Done at Brussels, 22 December 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO — LIITE — BILAGA