Commission Regulation (EC) No 2081/2005 of  19 December 2005  opening and providing for the administration of a Community tariff quota for 2006 for manioc originating in Thailand
Date: 2005-12-19
Institutions: European Commission
Subjects: Thailand, cassava, export licence, import, import licence, originating product, tariff quota

20.12.2005

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Official Journal of the European Union

L 333/19

COMMISSION REGULATION (EC) No 2081/2005

of 19 December 2005

opening and providing for the administration of a Community tariff quota for 2006 for manioc
originating in Thailand

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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:

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,
four-year
0714 10 99 originating
period, with customs duty reduced to 6 %. This quota
must be opened and administered by the Commission.

in Thailand per

0714 10 91

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 (3).

In the light of past experience and taking into account
that the Community concession provides for an overall
quantity of 21 000 000 tonnes 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 quan-
tities of products exceeding those given in the import
licences, or allow the difference between the figure
given in the import
figure
actually imported to be carried forward.

licences and the smaller

to ensure the correct application of

the
In order
agreement, a system of strict and systematic controls is
needed that take account of the information given on the
authorities’
Thai
certificates
procedures for issuing export certificates.

and the Thai

export

(5)

(6)

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.

(7) Where the quantities requested exceed the quantities
available, a mechanism should be provided for reducing
the quantities
to exceed the annual
maximum laid down.

in order not

(8)

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

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 2006.

HAS ADOPTED THIS REGULATION:

covered

import of products

by CN codes
The
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),

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 2006.

(1) OJ L 146, 20.6.1996, p. 1.
(2) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1856/2005 (OJ L 297, 15.11.2005, p. 7).

(3) OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regu-

lation (EC) No 1092/2004 (OJ L 209, 11.6.2004, p. 9).

(1)

(2)

(3)

(4)

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Official Journal of the European Union

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

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

The serial number of the quota shall be 09.4008.

2.
The products referred to in paragraph 1 shall benefit from
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
Community issued by the Department of Foreign Trade,
Ministry of Commerce, Government of Thailand, hereinafter
referred to as an ‘export certificate’.

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 Annex I.

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 origi-
nating 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.

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
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.

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.

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

2.

Export certificates shall be completed in English.

Article 5

The original and copies of export certificates shall be
3.
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 shall be valid for 120 days from the
the certificate shall be
issue of

1.
date of
included in the period of validity of the certificate.

issue. The date of

Where it is found that the quantities actually unloaded in the
case of 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, commu-
nicate to the Commission by electronic means, 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 quan-
tities concerned.

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.

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

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Article 6

Article 8

Notwithstanding the third paragraph of Article 5, where it is
found that the quantities actually unloaded in the case of a
given consignment 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.

Notwithstanding 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.

Article 9

Section 8 of applications for import

1.
licences themselves shall be marked ‘Thailand’.

licences and the

2.

Import licences shall contain:

The security shall be released upon presentation to the
competent authorities of the Member State of release for free
import licence for the quantities
circulation of an additional
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.

(a)

in section 24, one of the entries given in Annex III;

(b) in section 20, the following information:

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.

(i)

the name of the cargo vessel as given in the Thai export
certificate;

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

Section 20 of additional import licences shall contain one of the
entries given in Annex II.

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 paragraph. It shall be forfeit in particular for quantities for
which no additional
licence has been issued under
Article 10(1).

import

import

The import

3.
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
circulation is
to the
Community by the vessel referred to in the import licence.

requested have been transported

Subject

to Article 6 of

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

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 paragraph 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.

Article 10

1. Where applications for licences exceed the quantity laid
down in Article 1, the Commission shall fix a percentage of the
quantities requested to be accepted or decide to reject appli-
cations.

2.
Import licences shall be issued on the fifth working day
following the day on which the application is lodged, subject to
any measure
to
paragraph 1.

the Commission might

adopt pursuant

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.

3. Where an acceptance percentage is fixed pursuant
to
paragraph 1, applications may be withdrawn within 10
working days of publication of the percentage.

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Where applications are withdrawn, licences issued in accordance
with paragraph 2 shall be returned.

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

When an application is withdrawn,
the security shall be
released. The security shall also be released when an application
is rejected.

4. 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

Notwithstanding 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
corresponding export certificate plus 30 days.

Article 12

1.
The Member States shall send the Commission each
working day and by electronic means the following information
concerning each import licence application:

(a)

the quantity for which each import licence is requested,
with the indication, where appropriate,
import
licence’;

‘additional

(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 the exporter indicated on the export certificate.

No later than the end of the first six months of 2007, the
2.
authorities responsible for issuing import licences shall send the
Commission, by electronic means, a complete list of quantities
not taken up as endorsed on the back of the import licences,
the name of the cargo vessel, the number of the contract for
transport to the European Community and the numbers of the
export certificates in question.

CHAPTER IV

FINAL PROVISIONS

Article 13

This Regulation shall enter into force on 1 January 2006.

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

Done at Brussels, 19 December 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

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Official Journal of the European Union

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ANNEX II

— In Spanish:

Certificado complementario, artículo 6 del Reglamento (CE) no 2081/2005,

— In Czech:

Licence pro dodatečné množství, čl. 6 nařízení (ES) č. 2081/2005,

— In Danish:

Supplerende licens, forordning (EF) nr. 2081/2005, artikel 6,

— In German:

Zusätzliche Lizenz — Artikel 6 der Verordnung (EG) Nr. 2081/2005,

— In Estonian:

Lisakoguse litsents, määruse (EÜ) nr 2081/2005 artikkel 6,

— In Greek:

Συμπληρωματικό πιστοποιητικό — Άρθρο 6 του κανονισμού (ΕΚ) αριθ. 2081/2005,

— In English:

— In French:

— In Italian:

Licence for additional quantity, Article 6 of Regulation (EC) No 2081/2005,

Certificat complémentaire, article 6 du règlement (CE) no 2081/2005,

Titolo complementare, regolamento (CE) n. 2081/2005 articolo 6,

— In Latvian:

Atļauja par papildu daudzumu, Regulas (EK) Nr. 2081/2005 6. pants,

— In Lithuanian:

Papildomoji licencija, Reglamento (EB) Nr. 2081/2005 6 straipsnio,

— In Hungarian:

Kiegészítő engedély, 2081/2005/EK rendelet 6. cikk,

— In Dutch:

Aanvullend certificaat — artikel 6 van Verordening (EG) nr. 2081/2005,

— In Polish:

Uzupełniające pozwolenie, rozporządzenie (WE) nr 2081/2005 art. 6,

— In Portuguese:

Certificado complementar, artigo 6.o do Regulamento (CE) n.o 2081/2005,

— In Slovak:

Dodatočné povolenie, článok 6 nariadenia (ES) č. 2081/2005,

— In Slovenian:

Dovoljenje za dodatne količine, člen 6, Uredba (ES) št. 2081/2005,

— In Finnish:

— In Swedish:

Lisätodistus, asetuksen (EY) N:o 2081/2005 6 artikla,

Kompletterande licens, artikel 6 i förordning (EG) nr 2081/2005.

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ANNEX III

— In Spanish:

Derechos de aduana limitados al 6 % ad valorem [Reglamento (CE) no 2081/2005],

— In Czech:

Clo limitované 6 % ad valorem (nařízení (ES) č. 2081/2005),

— In Danish:

— In German:

— In Estonian:

Toldsatsen begrænses til 6 % af værdien (forordning (EF) nr. 2081/2005),

Beschränkung des Zolls auf 6 % des Zollwerts (Verordnung (EG) Nr. 2081/2005),

Väärtuseline tollimaks piiratud 6 protsendini (määrus (EÜ) nr 2081/2005),

— In Greek:

Τελωνειακός δασμός κατ' ανώτατο όριο 6 % κατ' αξία [κανονισμός (ΕΚ) αριθ. 2081/2005],

— In English:

Customs duties limited to 6 % ad valorem (Regulation (EC) No 2081/2005),

— In French:

Droits de douane limités a 6 % ad valorem [règlement (CE) no 2081/2005],

— In Italian:

Dazi doganali limitati al 6 % ad valorem [regolamento (CE) n. 2081/2005],

— In Latvian:

Muitas nodokļi nepārsniedz 6 % ad valorem (Regula (EK) Nr. 2081/2005),

— In Lithuanian: Muito mokestis neviršija 6 % ad valorem (Reglamentas (EB) Nr. 2081/2005),

— In Hungarian: Mérsékelt, 6 %-os értékvám (2081/2005/EK rendelet),

— In Dutch:

Douanerechten beperkt tot 6 % ad valorem (Verordening (EG) nr. 2081/2005),

— In Polish:

Należności celne ograniczone do 6 % ad valorem (Rozporządzenie (WE) nr 2081/2005),

— In Portuguese:

Direitos aduaneiros limitados a 6 % ad valorem [Regulamento (CE) n.o 2081/2005],

— In Slovak:

Dovozné clo so stropom 6 % ad valorem (Nariadenie (ES) č 2081/2005),

— In Slovenian:

Omejitev carinskih dajatev na 6 % ad valorem (Uredba (ES) št. 2081/2005),

— In Finnish:

— In Swedish:

Arvotulli rajoitettu 6 prosenttiin (asetus (EY) N:o 2081/2005),

Tullsatsen begränsad till 6 % av värdet (förordning (EG) nr 2081/2005).