Commission Regulation (EC) No 1885/2006 of 19 December 2006 opening and providing for the administration of a Community tariff quota for 2007 for manioc originating in Thailand
Date: 2006-12-19
Institutions: European Commission
Subjects: Thailand, cassava, import licence, tariff quota

20.12.2006

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COMMISSION REGULATION (EC) No 1885/2006

of 19 December 2006

opening and providing for the administration of a Community tariff quota for 2007 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,
0714 10 99 originating
four-year
period, with customs duty reduced to 6 %. This quota
must be opened and administered by the Commission.

in Thailand per

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, based on the model notified to the
Commission by Thailand.

cation of the system of import and export licences and
advance fixing certificates for agricultural products (2),
and with Commission Regulation (EC) No 1342/2003
of 28 July 2003 laying down special detailed rules for
the application of
import and export
the system of
licences for cereals and rice (3).

Commission Regulation (EC) No 1301/2006 of 31
August 2006 laying down common rules for the admin-
istration of import tariff quotas for agricultural products
managed by a system of import licences (4) applies to
import licences for tariff quota periods starting from 1
January 2007. Regulation (EC) No 1301/2006 lays down
in particular detailed rules for applications for import
the status of applicants and the issue of
licences,
licences.
import
the period of validity of
It
licences to the final day of the tariff quota period and
applies without prejudice to additional conditions or
derogations laid down by the sectoral regulations.

limits

In the light of past experience and taking into account
that the Community concession provides for an overall
quantity of 21 000 000 tonnes over 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

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

and the Thai

export

(5)

(6)

(7)

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 2007.

(8) 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

covered

import of products

The
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-

(1) OJ L 146, 20.6.1996, p. 1.

(9)

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

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

lation (EC) No 1713/2006 (OJ L 321, 21.11.2006, p. 11).

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

lation (EC) No 1713/2006.
(4) OJ L 238, 1.9.2006, p. 13.

(1)

(2)

(3)

(4)

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HAS ADOPTED THIS REGULATION:

Article 3

CHAPTER I

OPENING OF THE QUOTA

Article 1

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

An import tariff quota for 5 500 000 tonnes of manioc
1.
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 2007.

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.

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

The serial number of the quota shall be 09.4008.

The export certificate shall be duly authenticated if

2.
it
indicates the date of issue and bears the stamp of the issuing
body and the signature of the authorised person or persons.

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’.

Regulations

3.
(EC) Nos 1291/2000, 1342/2003 and
1301/2006 shall apply, save as otherwise provided for in this
Regulation.

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 orig-
inating in Thailand shall be submitted to the competent auth-
orities in the Member States accompanied by the original of the
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.

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

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.

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, com-
municate to the Commission by electronic means, case by case
and as soon as possible, the number or numbers of the Thai
export certificates,
the import
licences, the excess quantity concerned and the name of the
cargo vessel.

the number or numbers of

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

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.

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.

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.

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

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.

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 licences and of the

1.
licences themselves shall be marked ‘Thailand’.

2.

Import licences shall contain:

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

(a)

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

(b) in section 20, the following information:

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

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

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

certificate;

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

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

requested have been transported

for which an additional

Except in cases of force majeure, the security shall be forfeit for
licence is not
quantities
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

Subject

to Article 6 of

this Regulation and notwith-
4.
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.

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Article 10

Article 12

1. Where applications for licences exceed the quantity laid
down in Article 1, the Commission shall fix an award coef-
ficient to be applied to the quantities applied for or decide to
reject applications.

1.
The Member States shall send the Commission each
working day, solely by electronic means, using the forms
made available to them by the Commission and under the
conditions provided for in the computer system set up by the
Commission, the following information:

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

(a)

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

‘additional

3. Where an award coefficient is fixed pursuant to paragraph
1, applications may be withdrawn within 10 working days of
publication of that coefficient.

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

in the upper section of the certificate;

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

(c)

the date of issue of the export certificate;

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
in
corresponding export certificate plus 30 days. However,
accordance with Article 8 of Regulation (EC) No 1301/2006,
this last day of validity may not be later than 31 December
2007.

(d) the total quantity for which the export certificate was issued.

2.
No later than the end of the first six months of 2008, the
authorities responsible for issuing import licences shall send the
Commission, by electronic means, under the conditions referred
to in paragraph 1, 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 cer-
tificates in question.

CHAPTER IV

FINAL PROVISIONS

Article 13

This Regulation shall enter into force on 1 January 2007.

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

Done at Brussels, 19 December 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

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ANNEX II

— In Bulgarian:

Допълнителна лицензия, член 6 от Регламент (ЕО) № 1885/2006,

— In Spanish:

Certificado complementario, artículo 6 del Reglamento (CE) no 1885/2006,

— In Czech:

Licence pro dodatečné množství, čl. 6 nařízení (ES) č. 1885/2006,

— In Danish:

Supplerende licens, forordning (EF) nr. 1885/2006, artikel 6,

— In German:

Zusätzliche Lizenz — Artikel 6 der Verordnung (EG) Nr. 1885/2006,

— In Estonian:

Lisakoguse litsents, määruse (EÜ) nr 1885/2006 artikkel 6,

— In Greek:

Συμπληρωματικό πιστοποιητικό — Άρθρο 6 του κανονισμού (ΕΚ) αριθ. 1885/2006,

— In English:

Licence for additional quantity, Article 6 of Regulation (EC) No 1885/2006,

— In French:

Certificat complémentaire, règlement (CE) no 1885/2006, article 6,

— In Italian:

Titolo complementare, regolamento (CE) n. 1885/2006 articolo 6,

— In Latvian:

Atļauja par papildu daudzumu, Regulas (EK) Nr. 1885/2006 6. pants,

— In Lithuanian:

Papildomoji licencija, Reglamento (EB) Nr. 1885/2006 6 straipsnio,

— In Hungarian: Kiegészítő engedély, 1885/2006/EK rendelet 6. cikk,

— In Dutch:

Aanvullend certificaat — artikel 6 van Verordening (EG) nr. 1885/2006,

— In Polish:

Uzupełniające pozwolenie, rozporządzenie (WE) nr 1885/2006 art. 6,

— In Portuguese: Certificado complementar, artigo 6.o do Regulamento (CE) n.o 1885/2006,

— In Romanian:

Licență pentru cantitatea excedentară, articolul 6 din Regulamentul nr. 1885/2006,

— In Slovakian:

Dodatočné povolenie, článok 6 nariadenia (ES) č. 1885/2006,

— In Slovenian:

Dovoljenje za dodatne količine, člen 6, Uredba (ES) št. 1885/2006,

— In Finnish:

— In Swedish:

Lisätodistus, asetus (EY) N:o 1885/2006 6 artikla,

Kompletterande licens, artikel 6 i förordning (EG) nr 1885/2006.

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ANNEX III

— In Bulgarian: Мита, ограничени до 6 % ad valorem [Регламент (ЕО) № 1885/2006],

— In Spanish:

Derechos de aduana limitados al 6 % ad valorem [Reglamento (CE) no 1885/2006],

— In Czech:

Clo limitované 6 % ad valorem (nařízení (ES) č. 1885/2006),

— In Danish:

— In German:

— In Estonian:

Toldsatsen begrænses til 6 % af værdien (forordning (EF) nr. 1885/2006),

Beschränkung des Zolls auf 6 % des Zollwerts (Verordnung (EG) Nr. 1885/2006),

Väärtuseline tollimaks piiratud 6 protsendini (määrus (EÜ) nr 1885/2006),

— In Greek:

Τελωνειακός δασμός κατ’ ανώτατο όριο 6 % κατ’ αξία [κανονισμός (ΕΚ) αριθ. 1885/2006],

— In English:

Customs duties limited to 6 % ad valorem (Regulation (EC) No 1885/2006),

— In French:

Droits de douane limités á 6 % ad valorem [règlement (CE) no 1885/2006],

— In Italian:

Dazi doganali limitati al 6 % ad valorem [regolamento (CE) n. 1885/2006],

— In Latvian:

Muitas nodokļi nepārsniedz 6 % ad valorem (Regula (EK) Nr. 1885/2006),

— In Lithuanian: Muito mokestis neviršija 6 % ad valorem (Reglamentas (EB) Nr. 1885/2006),

— In Hungarian: Mérsékelt, 6 %-os értékvám (1885/2006/EK rendelet),

— In Dutch:

Douanerechten beperkt tot 6 % ad valorem (Verordening (EG) nr. 1885/2006),

— In Polish:

Należności celne ograniczone do 6 % ad valorem (Rozporządzenie (WE) nr 1885/2006),

— In Portuguese: Direitos aduaneiros limitados a 6 % ad valorem [Regulamento (CE) n.o 1885/2006],

— In Romanian:

Taxe vamale limitate la 6 % ad valorem (Regulamentul (CE) nr. 1885/2006),

— In Slovakian:

Dovozné clo so stropom 6 % ad valorem (Nariadenie (ES) č. 1885/2006),

— In Slovenian:

Omejitev carinskih dajatev na 6 % ad valorem (Uredba (ES) št. 1885/2006),

— In Finnish:

— In Swedish:

Arvotulli rajoitettu 6 prosenttiin (asetus (EY) N:o 1885/2006),

Tullsatsen begränsad till 6 % av värdet (förordning (EG) nr 1885/2006).