Commission Regulation (EC) No 413/2008 of 8 May 2008 amending and correcting Regulation (EC) No 27/2008 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
Date: 2008-05-08
Institutions: European Commission
Subjects: China, Indonesia, cassava, originating product, potato, root crop, tariff quota

9.5.2008

EN

Official Journal of the European Union

L 125/15

COMMISSION REGULATION (EC) No 413/2008

of 8 May 2008

amending and correcting Regulation (EC) No 27/2008 opening and providing for the administration
tariff quotas for products covered by CN codes 0714 10 91, 0714 10 99,
of certain annual

0714 90 11 and 0714 90 19 originating in certain third countries other than 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 conclusions
of
and in particular
Article 1(1) thereof,

the GATT XXIV.6 negotiations (1),

Whereas:

Experience of the implementation of Commission Regu-
lation (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 (2) has shown
that, in the interests of sound management of the quotas,
some adjustments should be made to that Regulation.

the quotas

In the interests of sound management of the quotas and
fluidity should be
in the light of experience, market
improved for the products in question and better use
of
should thus be
ensured. Operators
permitted to submit more than one licence application
per quota period and there should therefore be a dero-
gation from Article 6(1) of Commission Regulation (EC)
No 1301/2006 (3).

To ensure that the quotas are managed on the basis of
the quota year in question, it should be specified that if
licence applications are lodged in December and these
year’s quota,
applications
Member States are not to forward such applications to
the Commission until the first period of the following
year.

following

to the

relate

(1)

(2)

(3)

(4)

0714 10 91,

by CN codes

(5) When Commission Regulation (EC) No 2449/96 of
18 December 1996 opening and providing for the admi-
nistration of certain annual tariff quotas for products
covered
0714 10 99,
0714 90 11 and 0714 90 19 originating in certain
third countries other than Thailand (4) was codified, by
means of Regulation (EC) No 27/2008, the CN code
0714 10 99 was reproduced without taking account of
the amended numbering of the Combined Nomenclature
introduced by Commission Regulation (EC)
codes
code
which
No
0714 10 99 by CN code ex 0714 10 98. The Regulation
should therefore be amended and its title corrected.

1214/2007 (5),

replaced

CN

(6)

(7)

(8)

The allocation of quantities reserved for WTO member
countries and WTO non-member countries (1 320 590
tonnes and 32 000 tonnes respectively)
is unclear in
Article 1 of Regulation (EC) No 27/2008. To avoid
that provision should be
confusion,
amended.

the wording of

Regulation (EC) No 27/2008 should therefore be
amended and corrected accordingly.

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 27/2008 is hereby amended as follows:

In order to rationalise and simplify the Commission’s
procedure for following up applications and to reduce
the number of communications to be sent by Member
States to the Commission,
the number of communi-
cations to the Commission should be limited to one
per week.

1. In Article 1 the following paragraph is inserted after the first

paragraph:

‘For the purposes of this Regulation, “products covered by
CN code ex 0714 10 98” means products other than pellets
of flour and meal covered by CN code 0714 10 98.’

(1) OJ L 146, 20.6.1996, p. 1.
(2) OJ L 13, 16.1.2008, p. 3.
(3) OJ L 238, 1.9.2006, p. 13. Regulation as amended by Regulation

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

(4) OJ L 333, 21.12.1996, p. 14. Regulation repealed by Regulation

(EC) No 27/2008.

(5) OJ L 286, 31.10.2007, p. 1.

L 125/16

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Official Journal of the European Union

9.5.2008

2. Article 8 is amended as follows:

(a)

in paragraph 1, the following subparagraph is added:

‘Notwithstanding Article 6(1)
(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.’;

of Regulation

(b) paragraphs 2, 3 and 4 are replaced by the following:

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

3.
After the end of the period for lodging applications
laid down in the first subparagraph of paragraph 1, and
no later than 13:00 on the following Thursday, Member
States shall send the Commission the following infor-
mation:

(a)

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

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

(c)

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

for

the

Nevertheless,
to in
paragraph 2, Member States shall provide this infor-
mation with the communications for the first week of
the following year.

applications

referred

Import

licences

4.
working day following the end of
period referred to in paragraph 3.’

shall be issued on the fourth
the notification

Article 2

Regulation (EC) No 27/2008 is hereby corrected as follows:

1. In the title the CN code ‘0714 10 99’

‘ex 0714 10 98’.

is

replaced by

2. The first paragraph of Article 1 is corrected as follows:

(a)

the introductory sentence is replaced by the following:

‘From 1 January 1997, the following annual tariff quotas
are hereby opened for imports of products covered by
CN codes 0714 10 91, ex 0714 10 98, 0714 90 11 and
0714 90 19 at a customs duty rate of 6 % ad valorem:’;

(b) points (c) and (d) are replaced by the following:

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

(d) a quota of 32 000 tonnes for

the products in
question originating in countries which are not
members of the WTO, of which 2 000 tonnes shall
be reserved for the importation of products falling
within CN codes 0714 10 91 and 0714 90 11.’

Article 3

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 8 May 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission