Commission Regulation (EC) No 27/2008 of 15 January 2008 opening and providing for the administration of certain annual tariff quotas for products covered by CN codes 07141091 , 07141099 , 07149011 and 07149019 originating in certain third countries other than Thailand (Codified version)
Date: 2008-01-15
Institutions: European Commission
Subjects: China, Indonesia, World Trade Organisation, cassava, originating product, root crop, tariff quota

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COMMISSION REGULATION (EC) No 27/2008

of 15 January 2008

opening and providing for the administration of certain annual tariff quotas for products covered
by CN codes 0714 10 91, 0714 10 99, 0714 90 11 and 0714 90 19 originating in certain third
countries other than Thailand

(Codified version)

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:

(1)

(2)

(3)

Commission Regulation (EC) No 2449/96 of 18
December 1996 opening and providing for the adminis-
tration of certain annual
for products
0714 10 99,
by CN codes
covered
0714 90 11 and 0714 90 19 originating in certain
third countries other than Thailand (2) has been substan-
tially amended several times (3). In the interests of clarity
and rationality the said Regulation should be codified.

tariff quotas
0714 10 91,

The Community has undertaken, within the framework
of the World Trade Organisation (WTO), to open certain
annual tariff quotas for products covered by CN codes
0714 10 91, 0714 10 99, 0714 90 11 and 0714 90 19
in the People’s Republic of
originating in Indonesia,
China (China), in other contracting parties to the WTO
other than Thailand, and in certain other countries not
members of the WTO. Under those quotas the customs
duty is limited to 6 % ad valorem. Those quotas are to be
opened on a multiannual basis and administered by the
Commission.

that only products originating

It is necessary to maintain a system of administration
in
which ensures
Indonesia and China can be imported under the quotas
allocated to those countries. As a result, the issue of
import licences should continue to be subject to the
presentation of export licences issued by the authorities
of those two countries, specimens of which have been

(4)

(5)

(6)

(7)

(8)

sent to the Commission. As regards products originating
in Vietnam, in accordance with the practice followed for
several years, import licence applications are subject, in
addition to other provisions, to presentation of a cer-
tificate issued on the initiative of the exporting country.

the products concerned into the
Since imports of
Community have traditionally been administered on a
calendar-year basis, that system should be maintained.

Imports of products covered by CN codes 0714 10 91,
0714 10 99, 0714 90 11 and 0714 90 19 are subject to
presentation of an import licence for which common
down in
application
detailed
1291/2000 (4).
Commission
Commission Regulation (EC) No 1342/2003 (5)
lays
down special detailed rules for the application of the
system of licences for cereals and rice.

are
(EC) No

Regulation

rules

laid

of

The usual additional rules for the management of such
quotas, relating in particular to the submission of appli-
cations,
imports
should be applied.

licences, and monitoring of

issue of

In particular, the origin of the products should be ascer-
tained by providing that the issue of import licences be
subject to the presentation of certificates of origin issued
by the countries concerned. However, certificates of
origin should not be required for products originating
in China.

the sake of

sound management of

certifying loading and shipment

For
the import
arrangements in question, applications for licences may
not cover a quantity in excess of that entered on the
to the
document
Community. A maximum quantity per
application
should also be laid down in certain cases, and it
should be stipulated that in no case may applications
cover a quantity greater than that for which the afore-
mentioned proof is provided.

(1) OJ L 146, 20.6.1996, p. 1.
(2) OJ L 333, 21.12.1996, p. 14. Regulation as last amended by Regu-

lation (EC) No 1884/2006 (OJ L 364, 20.12.2006, p. 44).

(3) See Annex VI.

(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).

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(9)

In cases where the quantities actually unloaded are
slightly in excess of the quantities given in the import
licences, measures to ensure the release for free circu-
the surplus quantities should be adopted if
lation of
is able to
the country of origin of
guarantee
this
formalities
that
purpose can be executed. Indonesia and China appear
able to meet this condition.

laid down for

the products

the

(10)

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

The provisions of Regulations (EC) No 1291/2000, and (EC) No
1342/2003 and Commission Regulation (EC) No 1301/2006 (1)
shall apply, save as otherwise provided for in this Regulation.

Article 2

With a view to the release for free circulation of the products
import licence applications shall be
referred to in Article 1,
lodged in any Member State and licences issued shall be valid
throughout the Community.

HAS ADOPTED THIS REGULATION:

Article 3

1.

Import licence applications shall be admissible if:

CHAPTER I

QUOTAS

Article 1

From 1 January 1997, the following annual tariff quotas are
hereby opened for imports of products covered by CN codes
0714 10 91, 0714 10 99, 0714 90 11 and 0714 90 19 at a
customs duty rate of 6 % ad valorem:

(a)

they are accompanied by the original of a certificate drawn
up by the competent authorities of the country concerned
certifying the origin of the goods in accordance with the
specimen in Annex I. However, such a certificate shall not
be necessary for imports of products originating in China
and referred to in point
the first paragraph of
Article 1;

(b) of

(a) a quota of 825 000 tonnes for the products in question

originating in Indonesia;

(b) a quota of 350 000 tonnes for the products in question
originating in the People’s Republic of China (China);

(b) they are accompanied by proof, in the form of a copy of the
bill of lading, that the goods have been loaded in the third
country of origin and are transported to the Community by
the vessel mentioned in the application, and, where the
third country does not have direct access to the sea, an
international
transport document certifying transport of
the goods from the country of origin to the port of
shipment is also provided;

(c) a quota of 145 590 tonnes for the products in question
originating in other member countries of the World Trade
Organisation (WTO), other than Thailand;

(c)

(d) a quota of 32 000 tonnes for the products in question
originating in other countries not members of the WTO,
of which 2 000 tonnes shall be reserved for the importation
of products of a kind used for human consumption,
in
immediate packings of a net content not exceeding 28 kg,
either fresh and whole or without skin and frozen, whether
or not sliced.

The quotas referred to in points (a),
(b) and (c) of the first
subparagraph shall bear the serial numbers 09.4009, 09.4010,
and 09.4011 respectively.

in the case of products originating in Indonesia and China,
they are accompanied by the relevant export licences as
referred to in Chapter II issued respectively by the auth-
orities of those countries, duly completed in accordance
with the models in Annexes II and III. The originals of
such export licences shall be kept by the authority issuing
them. However, where the import licence applications cover
only part of the quantity indicated on the export licence, the
issuing authority shall indicate on the original the quantity
in respect of which the original was used and, after
stamping it,
to the party
concerned. Only the quantity indicated in Section 7 of
export licences in the case of Indonesian exports and in
Section 9 of export
in the case of Chinese
exports shall be taken into consideration for the purposes
of issuing the import licences;

return the original

licences

shall

For the quota referred to in point (d) of the first subparagraph,
the serial numbers 09.4021 and 09.4012 shall be allocated to
the part of the quota reserved for the import of products of a
kind used for human consumption (2 000 tonnes) and to the
other part which is not so reserved (30 000 tonnes) respect-
ively.

(d) they relate to a quantity which does not exceed the quantity
indicated in the documents referred to in points (a),
(b)
and (c).

(1) OJ L 238, 1.9.2006, p. 13.

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for

import

licences

Applications

the
2.
purposes of the release for free circulation of products of a
kind used for human consumption covered by CN codes
0714 10 91 and 0714 90 11 may not relate to a quantity in
excess of 150 tonnes per interested party acting on his own
account.

submitted for

CHAPTER II

EXPORT LICENCES

Article 4

Export licences issued by the authorities of Indonesia and

1.
China shall be printed in English.

The original and copies thereof shall be completed in
they must be

2.
typescript or by hand.
completed using ink and block capitals.

In the latter case,

Each export licence shall bear a pre-printed serial number.
3.
In addition,
in its uppermost section it shall bear a licence
number. The copies shall bear the same numbers as the original.

Article 5

1.
Export licences shall be valid for 120 days from the date
of issue. The day of issue of a licence shall count as part of its
terms of validity.

Licences shall not be valid unless their Sections are duly
completed and they are authenticated as indicated on them.
Quantities must be given in figures and in words.

Export licences shall be duly authenticated where they
2.
indicate the date of issue and bear the stamp of the issuing
authority and the signature of the persons authorised to sign
them.

CHAPTER III

IMPORT LICENCES

Article 6

Licence applications and licences shall indicate:

(a)

in Section 8,
concerned originates;

the third country in which the product

(c)

in Section 20, the name of the vessel in which the goods
are being or have been shipped to the Community, the
in the
number of the certificate of origin submitted and,
case of products originating in Indonesia or China,
the
the Indonesian or Chinese export
number and date of
licence respectively.

Article 7

Notwithstanding Article 12 of Regulation (EC) No
shall be

the security against

licences

import

1.
1342/2003,
EUR 20 per tonne.

However,
security shall be EUR 5 per tonne.

in the case of products originating in China,

the

2.
If, pursuant to Article 8(4), the quantity in respect of
which the licence is issued is less than the quantity in respect
of which it was applied for, the security corresponding to the
difference shall be released.

The fourth indent of Article 5(1) of Regulation (EC) No

3.
1291/2000 shall not apply.

Article 8

Licence applications shall be lodged with the competent
the Member States between Monday and

1.
authorities of
Wednesday each week, up to 13.00.

However, the first day each year for lodging applications shall
be the first working day in January.

licence
2.
For products originating in Indonesia or China,
applications may relate to imports to be carried out
the
following year if they are submitted during December on the
basis of an export licence issued by the Indonesian or Chinese
authorities for the year in question.

On the day following the day on which applications are
3.
lodged, and no later than 13.00 on the Thursday following the
deadline for lodging applications laid down in the first subpara-
graph of paragraph 1, Member States
send the
Commission the following information:

shall

(a)

the total quantities covered by licence applications, by origin
and product code;

Importation from that country shall be obligatory;

(b) in Section 24, one of the entries shown in Annex IV;

(b) the number of certificate of origin submitted and the total
quantity entered in the original document or an extract
thereof;

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(c)

the reference numbers of the export certificates issued by
the Indonesia or Chinese authorities and the corresponding
quantities, and the name of the vessel.

nesian authorities with a view to the issue of new export
licences.

Import licences shall be issued on the fourth working day

4.
following the notification referred to in paragraph 3.

5.
Import licences for products originating in Indonesia or
China in respect of which applications are lodged in December
for the following year shall not be issued before the first
working day in January of the year in question.

Securities shall be released on presentation to the competent
authorities of the Member State in which release for free circu-
lation is to take place of a supplementary import licence for the
excess quantity in question. Application for such licences shall
not be subject to the lodging of a security against the licence as
provided for in Article 15(2) of Regulation (EC) No 1291/2000
and Article 7 of this Regulation. Such licences shall be issued
under the terms of Article 8 of this Regulation on presentation
of one or more new export licences issued by the Indonesian
authorities for the excess quantity in question. The additional
import licence shall contain in Section 20 one of the entries set
out in Annex V.

Article 9

Subject to Article 10(2) of this Regulation and notwithstanding
Article 8(4) of Regulation (EC) No 1291/2000, the quantity
released for
free circulation may not exceed the quantity
indicated in Sections 17 and 18 of import licences; to that
end the figure 0 shall be entered in Section 19 of licences.

The security shall be forfeit in respect of quantities for which a
supplementary import
licence is not presented within four
months, except in cases of force majeure, from the date on
which the declaration for release for free circulation referred
to in the first subparagraph is accepted.

Article 10

1.
In the case of products originating in Indonesia, once it
has been verified that the quantities actually unloaded for a
given consignment are in excess of
those covered by the
issued for that consignment, the competent
import licence(s)
authorities which issued the licence(s) concerned shall, at the
request of the importer, notify the Commission by electronic
means as quickly as possible, on a case-by-case basis, of the
Indonesian export
licence
licence number(s),
number(s), the excess quantity and the name of the vessel.

import

the

The Commission shall contact the Indonesian authorities with a
view to the issue of new export
licences. Pending their
preparation,
the surplus quantities may not be released for
free circulation as long as the new import licences for the
quantities in question cannot be presented. The new import
licences shall be issued under the terms laid down in Article 8.

for

granted

licences

2.
However, notwithstanding paragraph 1, where the quan-
tities unloaded are not more than 2 % in excess of the quantities
covered by the import licences issued corresponding to the
export
the
competent authorities in the Member State where release for
free circulation is to take place shall, at the request of the
importer, authorise the release for
the
excess quantities provided that the importer pays a customs
duty limited to 6 % ad valorem and lodges a security for an
amount equal to the difference between the full duty and that
paid.

free circulation of

concerned,

vessel

the

Once the supplementary import licence has been processed and
stamped by the competent authority when the security is
released, the licence shall be returned to the issuing authority
as soon as possible.

3.
Application of paragraphs 1 and 2 may not result in
importation of quantities of goods exceeding the overall quota
authorised for the year. If, when a supplementary import licence
is issued, it is found that the overall quota has been exceeded,
the quantity covered by the supplementary licence shall be
deducted from the overall quota authorised for the following
year.

Article 11

The quantities of products to which each import licence issued
relates shall be deducted from the overall quota for the year of
issue of those licences.

to this Regulation shall be valid
Licences issued pursuant
throughout
the Community for 60 days from their actual
date of issue pursuant to Article 23(2) of Regulation (EC) No
1291/2000.

However, licences issued for products originating in Indonesia
or China shall be valid up to the last day of validity of the
export licence plus 30 days.

The Commission, on receipt of the information referred to in
the first subparagraph of paragraph 1, shall contact the Indo-

The final day of validity of the import licences may not exceed
31 December of the year of issue.

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Regulation (EC) No 2449/96 is repealed.

Article 12

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in
accordance with the correlation table in Annex VII.

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the
European Union.

Article 13

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

Done at Brussels, 15 January 2008.

For the Commission
The President

José Manuel BARROSO

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ANNEX I

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ANNEX II

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ANNEX III

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ANNEX IV

The entries referred to in point (b) of Article 6

— In Bulgarian:

Мита, ограничени до 6 % ad valorem (Регламент (ЕО) № 27/2008),

— In Spanish:

— In Czech:

— In Danish:

— In German:

— In Estonian:

— In Greek:

— In English:

— In French:

— In Italian:

Derechos de aduana limitados al 6 % ad valorem [Reglamento (CE) no 27/2008],

Clo limitované 6 % ad valorem (nařízení (ES) č. 27/2008),

Toldsatsen begrænses til 6 % af værdien (Forordning (EF) nr. 27/2008),

Beschränkung des Zolls auf 6 % des Zollwerts (Verordnung (EG) Nr. 27/2008),

Väärtuseline tollimaks piiratud 6 protsendini (määrus (EÜ) nr 27/2008),

Τελωνειακός δασμός κατ’ ανώτατο όριο 6 % κατ’ αξία [Κανονισμός (ΕΚ) αριθ. 27/2008],

Customs duties limited to 6 % ad valorem (Regulation (EC) No 27/2008),

Droits de douane limités à 6 % ad valorem [règlement (CE) no 27/2008],

Dazi doganali limitati al 6 % ad valorem [Regolamento (CE) n. 27/2008],

— In Latvian:

Muitas nodokļi nepārsniedz limitu 6 % ad valorem (Regula (EK) Nr. 27/2008),

— In Lithuanian:

Muito mokestis neviršija 6 % ad valorem (Reglamentas (EB) Nr. 27/2008),

— In Hungarian:

Mérsékelt, 6 %-os értékvám (27/2008/EK rendelet),

— In Maltese:

Dazji doganali limitati għal 6 % ad valorem (Regolament (KE) Nru 27/2008),

— In Dutch:

— In Polish:

— In Portuguese:

— In Romanian:

Douanerechten beperkt tot 6 % ad valorem (Verordening (EG) nr. 27/2008),

Należności celne ograniczone do 6 % ad valorem (Rozporządzenie (WE) nr 27/2008),

Direitos aduaneiros limitados a 6 % ad valorem [Regulamento (CE) n.o 27/2008],

Taxe vamale limitate la 6 % ad valorem [Regulamentul (CE) nr. 27/2008],

— In Slovak:

Dovozné clo so stropom 6 % ad valorem [nariadenie (ES) č. 27/2008],

— In Slovenian:

Omejitev carinskih dajatev na 6 % ad valorem (Uredba (ES) št. 27/2008),

— In Finnish:

— In Swedish:

Arvotulli rajoitettu 6 prosenttiin (asetus (EY) N:o 27/2008),

Tullsatsen begränsad till 6 % av värdet (Förordning (EG) nr 27/2008).

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ANNEX V

Entries referred to in the third subparagraph of Article 10(2)

— In Bulgarian:

Допълнителна лицензия, член 10, параграф 2 от Регламент (ЕО) № 27/2008,

— In Spanish:

— In Czech:

— In Danish:

— In German:

— In Estonian:

— In Greek:

— In English:

— In French:

— In Italian:

— In Latvian:

Certificado complementario, apartado 2 del artículo 10 del Reglamento (CE) no 27/2008,

Licence pro dodatečné množství, čl. 10 odst. 2 nařízení (ES) č. 27/2008,

Supplerende licens, forordning (EF) nr. 27/2008, artikel 10, stk. 2,

Zusätzliche Lizenz — Artikel 10 Absatz 2 der Verordnung (EG) Nr. 27/2008,

Lisakoguse litsents, määruse (EÜ) nr 27/2008 artikli 10 lõige 2,

Συμπληρωματικό πιστοποιητικό — Άρθρο 10 παράγραφος 2 του κανονισμού (ΕΚ) αριθ. 27/2008,

Licence for additional quantity, Article 10(2) of Regulation (EC) No 27/2008,

Certificat complémentaire, règlement (CE) no 27/2008, article 10, paragraphe 2,

Titolo complementare, regolamento (CE) n. 27/2008, articolo 10, paragrafo 2,

Atļauja par papildu daudzumu, Regulas (EK) Nr. 27/2008 10. panta 2. punkts,

— In Lithuanian:

Papildomoji licencija, Reglamento (EB) Nr. 27/2008 10 straipsnio 2 dalis,

— In Hungarian:

Kiegészítő engedély, 27/2008/EK rendelet 10. cikk (2) bekezdés,

— In Maltese:

Liċenzja għal kwantità addizzjonali, Artikolu 10(2) tar-Regolament (KE) Nru 27/2008,

— In Dutch:

— In Polish:

Aanvullend certificaat — artikel 10, lid 2, van Verordening (EG) nr. 27/2008,

Uzupełniające pozwolenie, rozporządzenie (WE) nr 27/2008 art. 10 ust. 2,

— In Portuguese:

Certificado complementar, n.o 2 do artigo 10.o do Regulamento (CE) n.o 27/2008,

— In Romanian:

Licență complementară, articolul 10 alineatul (2) din Regulamentul (CE) nr. 27/2008,

— In Slovak:

Dodatočné povolenie, článok 10 ods. 2 nariadenia (ES) č. 27/2008,

— In Slovenian:

Dovoljenje za dodatne količine, člen 10(2), Uredba (ES) št. 27/2008,

— In Finnish:

— In Swedish:

Lisätodistus, asetuksen (EY) N:o 27/2008 10 artiklan 2 kohta,

Kompletterande licens, artikel 10,2 i förordning (EG) nr 27/2008.

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ANNEX VI

Repealed Regulation with a list of its successive amendments

Commission Regulation (EC) No 2449/96
(OJ L 333, 21.12.1996, p. 14)

Commission Regulation (EC) No 2780/1999
(OJ L 334, 28.12.1999, p. 20)

Commission Regulation (EC) No 777/2004
(OJ L 123, 27.4.2004, p. 50)

Commission Regulation (EC) No 1884/2006
(OJ L 364, 20.12.2006, p. 44).

Article 8 only

Article 2 only

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ANNEX VII

Correlation table

Regulation (EC) No 2449/96

This Regulation

Article 1 introductory wording

Article 1 introductory wording

Article 1(1)

Article 1(2)

Article 1(3)

Article 1(4)

Article 1(a)

Article 1(c)

Article 1(b)

Article 1(d)

Article 1, second, third and fourth paragraphs

Article 1, second, third and fourth paragraphs

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10(1)

Article 10(1)

Article 10(2), first, second and third paragraphs

Article 10(2), first, second and third paragraphs

Article 10(2), indents

—

Article 10(2), fourth and fifth paragraphs

Article 10(2), fourth and fifth paragraphs

Article 10(3)

Article 10(3)

Article 11

—

Article 12

Annex I

Annex II

Annex III

Annex IV

Annex V

—

—

Article 11

Article 12

Article 13

Annex I

Annex II

Annex III

Annex IV

Annex V

Annex VI

Annex VII