Commission Regulation (EC) No 2019/2006 of 21 December 2006 amending Regulations (EC) Nos 2058/96, 327/98 and 955/2005 opening and providing for the administration of tariff quotas for imports of rice
Date: 2006-12-21
Institutions: European Commission
Subjects: import (EU), import licence, rice, tariff quota

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Official Journal of the European Union

29.12.2006

COMMISSION REGULATION (EC) No 2019/2006

of 21 December 2006

amending Regulations (EC) Nos 2058/96, 327/98 and 955/2005 opening and providing for the
administration of tariff quotas for imports of rice

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
thereof,

Having regard to Council Decision 96/317/EC of 13 May 1996
concerning the conclusion of the results of consultations with
Thailand under GATT Article XXIII (2), and in particular Article
3 thereof,

(4)

Having regard to Council Regulation (EC) No 1785/2003 of 29
September 2003 on the common organisation of the market in
rice (3), and in particular Articles 10(2) and 13(1) thereof,

Whereas:

(1)

(2)

(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 licences, the
status of applicants and the issue of licences. It limits
the period of validity of
import 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.

(5)

(6)

(EC) Nos 2058/96 of 28
Commission Regulations
October
the
opening
1996
management of a tariff quota for broken rice of CN
code 1006 40 00 for production of food preparations
of CN code 1901 10 (5), 327/98 of 10 February 1998

providing

and

for

opening and providing for the administration of certain
tariff quotas for imports of rice and broken rice (6) and
955/2005 of 23 June 2005 opening a Community
import quota for rice originating in Egypt (7) contain
provisions which diverge from or repeat the common
rules laid down by Regulation (EC) No 1301/2006.
Those Regulations should therefore be amended with a
rules,
view to removing the differing or
specifying the
and
subquota and redefining the specific rules which apply,
in particular to the drawing up of licence applications,
their issue, their period of validity and the notification of
information to the Commission.

redundant
each quota

serial numbers of

sectoral

In the interests of harmonising and simplifying the above
Regulations, provisions which are already contained in
the horizontal or
implementing regulations,
from Regulation (EC) No 1301/2006,
that
is, apart
(EC) Nos 1291/2000 of 9
Commission Regulations
June 2000 laying down common detailed rules for the
application of the system of import and export licences
and
agricultural
products (8), and 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 (9), should be deleted, as should provisions which
no longer apply.

certificates

advance

fixing

for

In the interests of simplification, provision should be
less than 20 tonnes allocated
made for quantities of
following the application of an award coefficient to be
administered in the same way in Regulations (EC) Nos
2058/96, 327/98 and 955/2005.

it

to continue

is necessary

In the interests of improved administration of the tariff
quotas opened by Regulations (EC) Nos 2058/96 and
to allow
955/2005,
operators to submit more than one licence application
per quota period, and therefore to derogate from Article
6(1) of Regulation (EC) No 1301/2006. Moreover,
in
order to improve controls on these two quotas and to
harmonise and simplify their administration, provision
should be made for import licence applications to be
submitted on a weekly basis.

(1) OJ L 146, 20.6.1996, p. 1.
(2) OJ L 122, 22.5.1996, p. 15.
(3) OJ L 270, 21.10.2003, p. 96. Regulation as amended by Regulation

(EC) No 797/2006 (OJ L 144, 31.5.2006, p. 1).

(4) OJ L 238, 1.9.2006, p. 13.
(5) OJ L 276, 29.10.1996, p. 7. Regulation as amended by Regulation

(EC) No 1950/2005 (OJ L 312, 29.11.2005, p. 18).

(6) OJ L 37, 11.2.1998, p. 5. Regulation as last amended by Regulation

(EC) No 965/2006 (OJ L 176, 30.6.2006, p. 12).

(7) OJ L 164, 24.6.2005, p. 5.
(8) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

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

lation (EC) No 945/2006 (OJ L 173, 27.6.2006, p. 12).

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(7)

(8)

The import duty on broken rice is laid down in Article
11d of Regulation (EC) No 1785/2003;
therefore
reference should no longer be made to the combined
nomenclature and Regulation (EC) No 2058/96 should
be amended accordingly.

For those quotas opened by Regulation (EC) No 327/98
which are administered on the basis of an export certi-
ficate, it is necessary to continue to allow operators with
more than one export certificate to submit more than
one import licence application per quota subperiod, and
therefore to derogate from Article 6(1) of Regulation (EC)
No 1301/2006, in order to ensure controls adapted to
such imports. The amount of the security relating to the
import licences for husked rice provided for in Article 4
of Regulation (EC) No 327/98 should moreover be
aligned with the amount of the security provided for in
Article 12 of Regulation (EC) No 1342/2003.

(9) With regard to Regulation (EC) No 955/2005,

the
references to Regulation (EC) No 1785/2003 should be
made clearer and it should be specified that the period of
validity of the licence is calculated from the actual day of
issue of the licence.

(10)

These measures should be applied from 1 January 2007,
which is the date from which the measures provided for
in Regulation (EC) No 1301/2006 apply.

(11) However, the period for lodging the first applications
referred to in Regulations
(EC) Nos 2058/96 and
955/2005 falls on a public holiday in 2007; it should
therefore be laid down that the first applications may be
lodged by operators only from the first working day of
2007, and that this first period for lodging applications
closes no later than Monday 8 January 2007. It should
also be specified that import licence applications for this
first period should be sent to the Commission no later
than Monday 8 January 2007.

(12)

Regulations (EC) Nos 2058/96, 327/98 and 955/2005
should therefore be amended accordingly.

(13)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2058/96 is hereby amended as follows:

1. In Article 1, the following second and third paragraphs are

added:

‘The serial number of the quota shall be 09.4079.

Regulations

1291/2000 (*),
Commission
1342/2003 (**) and 1301/2006 (***)
shall apply to the
quota referred to in the first paragraph, save as otherwise
provided for in this Regulation.

(EC)

Nos

___________

(*) OJ L 152, 24.6.2000, p. 1.
(**) OJ L 189, 29.7.2003, p. 12.
(***) OJ L 238, 1.9.2006, p. 13.’

2. Article 2 is amended as follows:

(a)

In paragraph 1 the following second subparagraph is
added:

‘Import
licence applications shall be lodged with the
competent authorities of the Member States each week
no later than Monday at 13.00 (Brussels time). However,
for 2007, the period for lodging the first applications
shall begin only on the first working day of 2007 and
shall end no later than 8 January 2007, and the first
Monday on which import licence applications are to be
sent to the Commission in accordance with paragraph
4(a) shall be Monday 8 January 2007.’

(b) paragraph 2 is replaced by the following:

‘2.
Notwithstanding Article 6(1) of Regulation (EC)
No 1301/2006, applicants may submit more than one
licence application per quota period. However, applicants
may submit only one licence application per week.’

3. Article 3 is replaced by the following:

‘Article 3

quantity

available under

1. Where the quantities applied for in a given week
the
exceed the
Commission shall
fix, no later than the fourth working
day following the last day for the submission of applications
for that week, an award coefficient for the quantities applied
for during that week, reject applications submitted in respect
of the following weeks and suspend the issue of import
licences until the end of the year in question.

quota,

the

each quantity of 20 tonnes, with the
the 20-tonne
between

If the award coefficient referred to in the first subparagraph
results in one or more quantities of less than 20 tonnes per
application, Member States shall allocate the total of such
quantities by drawing lots among the operators concerned
remainder
for
quantities.
distributed
However, where adding together the quantities of less than
20 tonnes does not result in the constitution of a 20-tonne
quantity, the remainder shall be distributed by the Member
State equally between the operators whose licences are for
20 tonnes or more.

equally

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Where, following the application of the second paragraph,
the quantity for which a licence is to be issued is less than
20 tonnes, the licence application may be withdrawn by the
operator within two working days following the date of
entry into force of the Regulation fixing the award coef-
ficient.

(a) The second subparagraph is replaced by the following:

import

‘These overall
tariff quotas shall be broken
down into import tariff quotas by country of origin
and divided among a number of
in
accordance with Annex IX.’;

subperiods

2.
Import licences shall be issued on the eighth working
day following the final day for the notification of licence
applications to the Commission referred to in Article 4(a).’

(b) the following third subparagraph is added:

4. Article 4 is replaced by the following:

‘Commission Regulations
(EC) Nos 1291/2000 (*),
1342/2003 (**) and 1301/2006 (***) shall apply to
the quota referred to in the first paragraph, save as
otherwise provided for in this Regulation.

‘Article 4

The Member States shall send the Commission, by electronic
means:

___________

(*) OJ L 152, 24.6.2000, p. 1.
(**) OJ L 189, 29.7.2003, p. 12.
(***) OJ L 238, 1.9.2006, p. 13.’

(a) on the final day for the submission of licence appli-
cations, no later than 18.00 (Brussels time), the infor-
mation on the import licence applications referred to in
Article 11(1)(a) of Regulation (EC) No 1301/2006, with
a break-down by eight-digit CN code and by country of
origin of the quantities covered by those applications;

2. Article 2 is replaced by the following:

‘Article 2

licences,

the import

(b) no later than the second working day following the issue
information on the licences
of
issued, as referred to in Article 11(1)(b) of Regulation
(EC) No 1301/2006, with a break-down by eight-digit
CN code and by country of origin of the quantities for
which import licences have been issued;

(c) no later than the last day of each month, the total quan-
tities actually released for free circulation under this
quota during the previous month but one, broken
down by eight-digit CN code and by country of origin.
If no quantities have been released for free circulation
during the period, a “nil” notification shall be sent.’

5. In Article 5(1)(b),

is
replaced by ‘fixed in Article 11d of Council Regulation
(EC) No 1785/2003 (*).

in the combined nomenclature’

‘set

___________
(*) OJ L 270, 21.10.2003, p. 96.’

6. Article 6(2) is deleted.

Article 2

For quantities not covered by import licences issued for the
quotas referred to in Article 1(1)(a), (b) and (e) in respect of
the subperiod of the month of September, import licence
applications may be submitted in respect of all origins
covered by the overall
in the
subperiod of the month of October.’

tariff quota

import

3. The third paragraph of Article 3 is

replaced by the

following:

‘Export licences issued in respect of the import tariff quotas
provided for in Article 1(1) shall be valid for the quota
period concerned only.’

4. Article 4 is amended as follows:

(a) Paragraph 1 is replaced by the following:

‘1.
Licence applications shall be lodged in the first
10 working days of the first month of each subperiod.’;

(b) the second indent of paragraph 2 is deleted;

Regulation (EC) No 327/1998 is hereby amended as follows:

(c)

the following second sentence is added to paragraph 3:

1.

In Article 1(1):

‘Licences shall be valid only for products originating in
the country indicated in section 8.’;

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(d) paragraph 5 is replaced by the following:

8. Article 8 is replaced by the following:

‘5.
Notwithstanding Article 6(1) of Regulation (EC)
the tariff quotas
in the case of
No 1301/2006,
concerned by the import licence applications referred
to in the first paragraph of Article 3 of this Regulation,
applicants may submit several applications for the same
quota serial number by import tariff quota subperiod.’

5. Article 5 is replaced by the following:

‘Article 5

The award coefficient referred to in Article 7(2) of Regu-
lation (EC) No 1301/2006 shall be
the
Commission within 10 days of the final day for notification
referred to in point (a) of Article 8 of this Regulation. At
the same time the Commission shall
fix the quantities
available respect of the following subperiod and, where
applicable,
in respect of the additional subperiod of the
month of October.

fixed by

If the award coefficient referred to in the first subparagraph
results in one or more quantities of less than 20 tonnes per
application, Member States shall allocate the total of such
quantities by drawing lots among the operators concerned
for each quantity of 20 tonnes, with the remainder
distributed equally between the 20-tonne quantities.
less
However, where adding together the quantities of
than 20 tonnes does not result in the constitution of a
20-tonne quantity, the remainder shall be distributed by
the Member State equally between the operators whose
licences are for 20 tonnes or more.

Where, following the application of the second paragraph,
the quantity for which a licence is to be issued is less than
20 tonnes, the licence application may be withdrawn by
the operator within two working days following the date of
entry into force of the Regulation fixing the award coef-
ficient.’

‘Article 8

The Member States shall send the Commission, by elec-
tronic means:

(a) no later than the second working day following the
final day for the submission of licence applications at
18.00 (Brussels time), the information on the import
licence applications referred to in Article 11(1)(a) of
Regulation (EC) No 1301/2006, with a break-down
by eight-digit CN code and by country of origin of
the quantities covered by those applications, specifying
the number of the import licence and the number of
the export licence where this is required;

the import

(b) no later than the second working day following the
issue of
information on the
licences,
licences issued, as referred to in Article 11(1)(b) of
Regulation (EC) No 1301/2006, with a break-down
by eight-digit CN code and by country of origin of
the quantities for which import
licences have been
issued, specifying the number of the import licence
and the quantities for which licence applications have
been withdrawn in accordance with the third paragraph
of Article 5;

(c) no later than the last day of each month, the total
quantities actually released for free circulation under
this quota during the previous month but one,
broken down by eight-digit CN code and by country
of origin, giving details of
that
packaging is less than or equal to 5 kg. If no quantities
have been released for
free circulation during the
period, a “nil” notification shall be sent.’

the packaging if

9. Article 10 is deleted.

10. Annex III is deleted.

6. Article 6 is replaced by the following:

11.

In Annex IX, ‘tranches’ is replaced by ‘subperiods’.

‘Article 6

Within three working days of the date of publication of the
Commission’s Decision fixing the quantities available, as
provided for in Article 5, import licences shall be issued
for the quantities resulting from the application of Article
5.’

12. Annex X is deleted.

Article 3

Regulation (EC) No 955/2005 is hereby amended as follows:

7. Article 7 is amended as follows:

1. Article 1 is amended as follows:

(a) paragraph 3 is deleted;

(b) the second subparagraph of paragraph 4 is deleted.

(a)

in the first paragraph, ‘in accordance with Article 11 of
Regulation (EC) No 1785/2003’
replaced by ‘in
accordance with Articles 11, 11a, 11c and 11d of Regu-
lation (EC) No 1785/2003’;

is

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(b) the second paragraph is deleted;

(c)

the following paragraph is added after the new second
paragraph:

Notwithstanding Article 6(1) of Regulation (EC) No
1342/2003, import licences shall be valid until the end of
the month following that in which they were issued.

(EC) Nos

Regulations

‘Commission
1291/2000,
1342/2003 and 1301/2006 (*) shall apply to the quota
referred to in the first paragraph, save as otherwise
provided for in this Regulation.
___________
(*) OJ L 238, 1.9.2006, p. 13.’

2. Article 2 is amended as follows:

(a) paragraph 2 is deleted;

(b) paragraph 3 is replaced by the following:

‘3.
Notwithstanding Article 6(1) of Regulation (EC)
No 1301/2006, applicants may submit more than one
licence application per quota period. However, applicants
may submit only one licence application per week for
each eight-digit CN code.’

3. Article 3 is amended as follows:

(a) paragraph 2 is deleted;

3. Where the quantities applied for in a given week
exceed the quantity available under the quota provided for
in Article 1, the Commission shall fix, no later than the
fourth working day following the last day for the submission
of applications for that week, an award coefficient for the
quantities applied for during that week, reject applications
submitted in respect of the following weeks and suspend the
issue of import licences until the end of the year in question.

such quantities by drawing lots

4.
If the award coefficient referred to in the first subpar-
agraph results in one or more quantities of less than 20
tonnes per application, Member States shall allocate the
total of
among the
operators concerned for each quantity of 20 tonnes, with
the remainder distributed equally between the 20-tonne
quantities. However, where adding together the quantities
of less than 20 tonnes does not result in the constitution
of a 20-tonne quantity, the remainder shall be distributed by
the Member State equally between the operators whose
licences are for 20 tonnes or more.

Where, following the application of the first paragraph, the
quantity for which a licence is to be issued is less than 20
tonnes, the licence application may be withdrawn by the
operator within two working days following the date of
entry into force of the Regulation fixing the award coef-
ficient.’

(b) in paragraph 3, ‘in accordance with Article 11 of Regu-
lation (EC) No 1785/2003’ is replaced by ‘in accordance
with Articles 11, 11a, 11c and 11d of Regulation (EC)
No 1785/2003’.

5. Article 5 is replaced by the following:

4. Article 4 is replaced by the following:

‘Article 5

‘Article 4

1.
Import licence applications shall be lodged with the
competent authorities of the Member States no later than
each Monday at 13.00 (Brussels time).

However, for 2007, the period for lodging the first appli-
cations shall begin only on the first working day of 2007
and shall end no later than 8 January 2007, and the first
Monday on which import licence applications are to be sent
to the Commission in accordance with Article 5(a) shall be
Monday 8 January 2007.

2.
Import licences shall be issued on the eighth working
day following the final day for the lodging of licence appli-
cations, provided that the quantity laid down in Article 1 has
not been reached.

The Member States shall send the Commission, by electronic
means:

(a) on the final day for the submission of licence appli-
cations, no later than 18.00 (Brussels time), the infor-
mation on the import licence applications referred to in
Article 11(1)(a) of Regulation (EC) No 1301/2006, with
a break-down by eight-digit CN code of the quantities
covered by those applications;

licences,

the import

(b) no later than the second working day following the issue
of
information on the licences
issued, as referred to in Article 11(1)(b) of Regulation
(EC) No 1301/2006, with a break-down by eight-digit
CN code of the quantities for which import licences have
been issued;

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(c) no later than the last day of each month, the total quantities actually released for free circulation
under this quota during the previous month but one, broken down by eight-digit CN code. If no
quantities have been released for free circulation during the period, a “nil” notification shall be sent.’

6. Article 6 is deleted.

Article 4

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

It shall apply from 1 January 2007.

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

Done at Brussels, 21 December 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission