Commission Regulation (EC) No 1097/2008 of 6 November 2008 providing for exceptional measures regarding import licences in the rice sector due to problems in the international market in 2008
Date: 2008-11-06
Institutions: European Commission
Subjects: agricultural market, electronic mail, export licence, import restriction, international trade, movement certificate, rice

7.11.2008

EN

Official Journal of the European Union

L 298/7

COMMISSION REGULATION (EC) No 1097/2008

of 6 November 2008

providing for exceptional measures regarding import licences in the rice sector due to problems in
the international market in 2008

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Articles 134 and 148 in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

(3)

Since the beginning of 2008, the pattern of imports of
rice into the Community has been disturbed by various
export restricting measures in third countries. In some
cases those measures were official export prohibitions, or
they had the effect of official export prohibitions. Conse­
quently importers in the Community could not comply
in
with their obligations related to import
particular as concerns the obligation to import as laid
down in Article 7 of Commission Regulation (EC) No
376/2008 of 23 April 2008 laying down common
detailed rules
the system of
import and export licences and advance fixing certificates
for agricultural products (2).

the application of

licences,

for

to limit

in order

the adverse impact on
Therefore,
importers, exceptional measures should be provided for
as regards import licences issued under 2007/08 and
2008 tariff quota period.

the application of

The obligation to import is a primary requirement within
the meaning of Article 20 of Commission Regulation
(EEC) No 2220/85 of 22 July 1985 laying down
the
for
common detailed rules
system of securities for agricultural products (3), which,
the obligation has not been met, should lead to
if
forfeiture of
the security according to Article 22 of
that regulation. At the request of interested parties and
pursuant to Articles 40 of Regulation (EC) No 376/2008
the obligation to import should be cancelled and the
security should be released on a case by case basis. It
is appropriate to lay down conditions to be fulfilled by
the export
the titular holder
restricting measures can be considered as force majeure.

in demonstrating that

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 114, 26.4.2008, p. 3.
(3) OJ L 205, 3.8.1985, p. 5.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Market,

HAS ADOPTED THIS REGULATION:

Article 1

Pursuant to Article 40 of Regulation (EC) No 376/2008,
1.
at the request of the titular holder, within one month after entry
into force of this regulation, for the import licences issued in
the tariff rate quota period 2007/08 under the Regulations (EC)
No 964/2007 (4) and (EC) No 1002/2007 (5), or the tariff rate
quota period 2008 under the Regulations (EC) No 2058/96 (6),
(EC) No
(EC) No
1964/2006 (9) and (EC) No 1529/2007 (10), the obligation to
import shall be cancelled and the securities shall be released for
the quantities not used, by the competent authorities of the
Member States.

955/2005 (8),

327/98 (7),

(EC) No

The measure provided for in paragraph 1 shall only apply
2.
in cases where the titular holder invokes rules imposed by a
third country which are considered by the competent authorities
of the Member State to constitute force majeure in accordance
with Articles 39 and 40 of Regulation (EC) No 376/2008. The
the
titular holder shall demonstrate,
competent authorities that he was unable to import owing to
the introduction by third countries of formal export bans or
measures with equivalent effect, on which a reasonably prudent
trader in the rice sector could not have anticipated the intro­
the time of applying for the
duction of
import licence, and that the titular holder made all reasonable
efforts to use the import licence during the period of validity.

to the satisfaction of

these measures at

Article 2

Before 31 January 2009 the Member States shall report to the
Commission the measures taken in application of Article 1(2) of
this regulation.

The notifications shall be made by electronic means. The form
and content of the notifications shall be defined on the basis of
models made available by the Commission to the Member
States.

(4) OJ L 213, 15.8.2007, p. 26.
(5) OJ L 226, 30.8.2007, p. 15.
(6) OJ L 276, 29.10.1996, p. 7.
(7) OJ L 37, 11.2.1998, p. 5.
(8) OJ L 164, 24.6.2005, p. 5.
(9) OJ L 408, 22.12.2006, p. 19.
(10) OJ L 348, 31.12.2007, p. 155.

L 298/8

EN

Official Journal of the European Union

7.11.2008

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

Article 3

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

Done at Brussels, 6 November 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission