Commission Regulation (EC) No 964/2007 of 14 August 2007 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 2007/2008 and 2008/2009
Date: 2007-08-14
Institutions: European Commission
Subjects: disclosure of information, import (EU), import licence, least-developed country, marketing, originating product, rice, tariff quota

L 213/26

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Official Journal of the European Union

15.8.2007

COMMISSION REGULATION (EC) No 964/2007

of 14 August 2007

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 2007/2008 and 2008/2009

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

without prejudice to additional conditions or derogations
laid down by the sectoral regulations. For the sake of
clarity, therefore, the administration of the Community
tariff quotas for imports of rice originating in the least
developed countries should be adapted by adopting a
new regulation and repealing Regulation (EC) No
1401/2002.

Having regard to Council Regulation (EC) No 980/2005 of 27
June
tariff
a
preferences (1), and in particular Article 12(6) thereof,

generalised

applying

scheme

2005

of

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

Whereas:

(1)

Commission Regulation (EC) No 1401/2002 (3)
lays
down detailed rules for the opening and administration
the tariff quotas for rice originating in the least
of
developed countries for the marketing years 2002/2003
to 2008/2009. Since its entry into force, horizontal or
sectoral
implementing regulations, that is, Commission
Regulation (EC) No 1291/2000 of 9 June 2000 laying
down common detailed rules for the application of the
system of import and export licences and advance fixing
agricultural products (4), Commission
certificates
Regulation (EC) No 1342/2003 of 28 July 2003 laying
down special detailed rules for the application of the
import and export licences for cereals and
system of
rice (5),
No
1301/2006 of 31 August 2006 laying down common
rules for the administration of import tariff quotas for
agricultural products managed by a system of import
licences (6), have been adopted or amended, and must
be taken into account in respect of this quota.

Commission

Regulation

(EC)

and

for

(2)

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 applies

(1) OJ L 169, 30.6.2005, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 606/2007 (OJ L 141, 2.6.2007,
p. 4).

(2) OJ L 270, 21.10.2003, p. 96. Regulation as last amended by Regu-

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

(3) OJ L 203, 1.8.2002, p. 42.
(4) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

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

lation (EC) No 1996/2006 (OJ L 398, 30.12.2006, p. 1).

(3)

(4)

(5)

Article 12(5) of Regulation (EC) No 980/2005 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,
least
benefits
developed countries. This tariff quota is calculated on
the basis of a quantity of 2 895 tonnes
the
2002/2003 marketing year,
in husked rice equivalent,
for products of CN code 1006, increased by 15 % for
each of the following marketing years. Those quantities
should be fixed for the coming marketing years on those
bases.

arrangements

from the

special

for

for

if

are

and,

there

In the interests of sound administration of those quotas,
operators should be permitted to submit licence appli-
cations in the first seven days of the marketing year
starting on 1 September
any
remaining quantities,
it should be possible to submit
new applications in the first seven days of February.
For the same reason the specific rules which apply to
the drawing up of licence applications, their issue, their
period of validity and the notification of information to
the Commission should be laid down in this Regulation,
as well as suitable administrative measures to ensure that
the volume of the quota fixed is not exceeded. In any
event, under Regulation (EC) No 1301/2006 licences are
valid only up to and including the last day of the tariff
quota period. Moreover, in order to improve controls on
the quota,
the security should be fixed at a level
commensurate with the risks involved.

The rules on the proof of origin set out in Articles 67 to
97 of Commission Regulation (EEC) No 2454/93 of 2
July 1993 laying down provisions for the implemen-
tation of Council Regulation (EEC) No 2913/92 estab-
lishing the Community Customs Code (7) define the
the
concept of originating products to be used for
purposes of generalised tariff preferences. Provision
should be made for the application of those rules.

(6) OJ L 238, 1.9.2006, p. 13. Regulation amended by Regulation (EC)

(7) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

No 289/2007 (OJ L 78, 17.3.2007, p. 17).

lation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

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(6)

(7)

These measures should be applied from the start of the
next marketing year, 1 September 2007.

Each licence application shall

2.
kilograms (whole numbers).

indicate a quantity in

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

Notwithstanding Article 12 of Regulation (EC) No
licences for

the security relating to the import

3.
1342/2003,
rice shall be EUR 46 per tonne.

HAS ADOPTED THIS REGULATION:

Article 1

1.
The annual import tariff quotas at zero duty referred to in
Article 12(5) of Regulation (EC) No 980/2005 shall be opened
on the first day of each marketing year for products falling
within CN code 1006 expressed in husked rice equivalent,
under the following conditions:

4.
Licence applications shall be lodged with the competent
authority in the Member State concerned during the first seven
the marketing year concerned and, where
working days of
applicable, in the event of an additional period as referred to
in paragraph 7, in the first seven days of the month of February
of the same marketing year.

(a) serial number 09,4177 and a quantity of 5 821 tonnes for

the 2007/2008 marketing year;

The allocation coefficient referred to in Article 7(2) of
5.
Regulation (EC) No 1301/2006 shall be
the
Commission within 10 days of the final day for notification
referred to in Article 4(a) of this Regulation.

fixed by

(b) serial number 09,4178 and a quantity of 6 694 tonnes for

the 2008/2009 marketing year.

The quotas referred to in the first subparagraph shall apply only
to
to imports originating in the countries which, pursuant
Annex I to Regulation (EC) No 980/2005, benefit from the
special arrangements for the least developed countries.

2.
The conversion rate between husked rice and paddy rice,
semi-milled or wholly-milled rice shall be the rate laid down in
Article 1 of Commission Regulation No 467/67/EEC (1), except
for broken rice, for which the quantities demanded shall be
based on the actual weight.

3.
Regulations (EC) No 1291/2000, (EC) No 1342/2003 and
(EC) No 1301/2006 shall apply, save as otherwise provided for
in this Regulation.

Article 2

The import

1.
shall contain the following entries:

licence application and the import

licence

(a)

in box 8, the country of origin,
cross.

‘yes’ being marked by a

Where, following the application of the first subparagraph, the
quantity for which a licence is to be issued is less than 20
tonnes, while the licence application was
for a quantity
greater,
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 allocation coefficient.

The import licence shall be issued on the 20th working
6.
day following the last day for the submission of applications.

If the import licences issued in accordance with paragraph
7.
6,
for applications submitted in the first seven days of the
marketing year, did not cover the total quota concerned, the
remaining quantities may be allocated in the additional period
starting in the month of February of the current marketing year.
Where the Commission decides to open the above additional
period, it shall fix and publish the quantities available before 1
November of the current quota year.

Notwithstanding Article 6(1) of Regulation (EC) No
8.
1342/2003,
import licences shall be valid from their date of
issue within the meaning of Article 23(2) of Regulation (EC) No
1291/2000 until the end of the sixth month following.

(b) in box 20, the serial number of the quota and the words

‘Regulation (EC) No 964/2007’.

(1) OJ 204, 24.8.1967, p. 1. Regulation as last amended by Regulation

(EEC) No 2325/88 (OJ L 202, 27.7.1988, p. 41).

Article 3

1.
Release for free circulation within the quotas referred to in
Article 1 of this Regulation shall be subject to presentation of a
certificate of origin form A issued in accordance with Articles
67 to 97 of Regulation (EEC) No 2454/93.

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2.

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

(a)

the words ‘Regulation (EC) No 964/2007’;

(b) the date of loading of the rice in the exporting beneficiary
country, and the marketing year, as laid down in Article 3
of Regulation (EC) No 1785/2003,
in respect of which
delivery is being made;

(c)

the eight-digit CN code.

Article 4

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

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

referred to in Article 11(1)(b) of Regulation (EC) No
1301/2006, with a breakdown by eight-digit CN code and
by country of origin of the total quantities (in product
weight) for which import licences have been issued and
the quantities for which licence applications have been
withdrawn in accordance with the second subparagraph of
Article 2(5);

(c) no later than the last day of each month, the total quantities
(in product weight) 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
these
months, a ‘nil’ notification shall be sent. However, this noti-
fication shall no longer be required in the third month
following the final day of validity of the licences.

free circulation during one of

Article 5

Regulation (EC) No 1401/2002 is hereby repealed.

Article 6

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

(b) no later than the second working day following the issue of
the import licences, information on the licences issued, as

It shall apply from 1 September 2007.

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

Done at Brussels, 14 August 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission