CELEX: 51996EC2449
Language: en
Date: 2006-11-29
Title: Draft Commission Regulation (EC) No …/.. of […] 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)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

 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)

                                            ê 2449/96

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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:

                                            ê

   1) Commission Regulation (EC) No 2449/96 of 18 December 1996, on 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 been substantially amended several times[3]. In the interests of clarity and rationality  the  said  Regulation  should  be
      codified.

                                            ê 2449/96 Recital 1 (adapted)

   2) The Community has undertaken, within the framework of the World Trade Organization (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 originating in Indonesia, in other contracting  parties  to  the  WTO
      other than Thailand, in the People's Republic of China and in certain other countries not members of the WTO other than China. 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.

                                            ê 2449/96 Recital 2 (adapted)

   3) It is necessary to maintain a system of administration which ensures that only products originating in the Republic of  Indonesia  and  the
      People's Republic of 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 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  certificate  issued  on  the  initiative  of  the
      exporting country.

                                            ê 2449/96 Recital 3

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

                                            ê 2449/96 Recital 4

   5) 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 detailed rules of application are laid down in Commission Regulation (EC) No 1291/2000 [4], . Commission  Regulation  (EC)
      No 1342/2003 [5], , lays down special detailed rules for the application of the system of licences for cereals and rice.

                                            ê 2449/96 Recital 5

   6) The usual additional rules for the management of such quotas, relating in particular to the submission of applications, issue of  licences,
      and monitoring of imports should be applied.

                                            ê 2449/96 Recital 6

   7) In particular, the origin of the products should be ascertained 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 the People's Republic of China.

                                            ê 2449/96 Recital 7

   8) For the sake of sound management of the import arrangements in question, applications for licences may not cover a quantity  in  excess  of
      that entered on the document certifying loading and shipment to the 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
      aforementioned proof is provided.

                                            ê 2449/96 Recital 8

   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 circulation of the surplus quantities should be adopted if the country of origin of the products is able to  guarantee
      that the formalities needed for this purpose can be executed. Indonesia and China appear able to meet this condition.

                                            ê 2449/96 Recital 9

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

                                            ê 2449/96

HAS ADOPTED THIS REGULATION:

                                                                    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:

                                            ê 2449/96 (adapted)

(a)   a quota of 825 000 tonnes for the products in question originating in the Republic of Indonesia;

                                            ê 2449/96 Art. 1, pt. 3

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

                                            ê 2449/96 Art. 1, pt. 2

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

                                            ê 2449/96 (adapted)

(d)   a quota of 32 000 tonnes for the products in question originating in other countries not members of the WTO  other  than  China,  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 kilograms, either fresh and whole or without skin and frozen, whether or not sliced.

                                            ê 2449/96

                                                                    Article 2

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

                                                                    Article 3

1. Import licence applications shall be admissible if:

(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 . However, such a certificate  shall  not  be  necessary  for  imports  of  products
       originating in the People's Republic of China and referred to in Article 1(b);

(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)   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 by the authorities, duly completed in accordance with the specimen in Annexes II and III. The originals of such  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, shall return the original 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 licences in the case of Chinese exports shall be taken into consideration for  the  purposes
       of issuing the import licences;

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

2. Applications for import licences submitted for the 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.

                                                                    CHAPTER II

                                                                 Export licences

                                                                    Article 4

                                            ê 2449/96 (adapted)

1. Export licences issued by the authorities of the Republic of Indonesia and the People's Republic of China shall be printed in English.

                                            ê 2449/96

2. The original and copies thereof shall be completed in typescript or by hand. In the latter case, they must be completed using  ink  and  block
capitals.

3. Each export licence shall bear a preprinted serial number. In its uppermost section it shall also 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.

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

                                                                   CHAPTER III

                                                                 IMPORT LICENCES

                                                                    ARTICLE 6

Licence applications and licences shall indicate:

(a)   in Section 8, the third country in which the product concerned originates;

      Importation from that country shall be obligatory;

                                            ê 777/2004 Art. 8 pt. 1

(b)   in box 24, one of the following entries:

         – Derechos de aduana limitados al 6 % ad valorem [Reglamento (CE) no [2449/96]]

         – Clo limitováno 6 % ad valorem (nařízení (ES) č. [2449/96])

         – Toldsatsen begrænses til 6 % af værdien (Forordning (EF) nr. [2449/96])

         – Beschränkung des Zolls auf 6 % des Zollwerts (Verordnung (EG) Nr. [2449/96])

         – Väärtuseline tollimaks 6 % (määrus (EÜ) nr [2449/96])

         – Τελωνειακός δασμός κατ' ανώτατο όριο 6 % κατ' αξία [Κανονισμός (ΕΚ) αριθ. [2449/96]]

         – Customs duties limited to 6 % ad valorem (Regulation (EC) No [2449/96])

         – Droits de douane limités à 6 % ad valorem [Règlement (CE) no [2449/96]]

         – Csökkentett, 6%-os értékvám (2449/96/EK rendelet)

         – Dazi doganali limitati al 6 % ad valorem [Regolamento (CE) n. [2449/96]]

         – Muito mokestis neviršija 6 % ad valorem (reglamentas (EB) Nr. [2449/96])

         – Muitas nodokļi nepārsniedz limitu 6 % ad valorem (regula (EK) Nr. [2449/96])

         – Dazji doganali limitati għal 6 % ad valorem (Regolament (KE) Nru [2449/96])

         – Douanerechten beperkt tot 6 % ad valorem (Verordening (EG) nr. [2449/96])

         – Należności celne obniżone do 6% ad valorem (rozporządzenie (WE) nr [2449/96])

         – Direitos aduaneiros limitados a 6 % ad valorem [Regulamento (CE) n.o [2449/96]]

         – Clo limitované vo výške 6% ad valorem (Nariadenie (ES) č. [2449/96])

         – Omejene carinske dajatve do 6% vrednosti (Uredba (ES) št. [2449/96])

         – Arvotulli rajoitettu 6 prosenttiin (asetus (EY) N:o [2449/96])

         – Tullsatsen begränsad till 6 % av värdet (Förordning (EG) nr [2449/96]).

                                            ê 2449/96

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

                                                                    Article 7

                                            ê 2449/96 (adapted)

1. Notwithstanding Article 12 of Regulation (EC) No 1342/2003, the security against import licences shall be ECUÖ EUR Õ 20 per tonne.

However, in the case of products originating in the People's Republic of China, the security shall be ECU Ö EUR Õ 5 per tonne.

                                            ê 2449/96

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.

3. The fourth indent of Article 5(1) of Regulation (EC) No 1291/2000 shall not apply.

                                                                    Article 8

1. Licence applications shall be lodged with the competent authorities of the Member States between Monday and Wednesday each week, up to 13.00.

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

2. For products originating in Indonesia or China, licence 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.

3. Member States shall notify to the Commission by telex or fax on the day following the day on which applications  are  lodged,  and  not  later
than 13.00 on the Thursday following the deadline for lodging applications laid down in the first subparagraph  of  paragraph  1,  the  following
particulars in respect of each application:

(a)   the country of origin of the product,

(b)   the quantity in respect of which the import licence is applied for,

(c)   the name of the applicant,

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

(e)   the name of the vessel entered in Section 20,

(f)   for products originating in Indonesia or China, the number of the Indonesian or Chinese export licence indicated in the  uppermost  section
       of the licence.

                                            ê 2780/1999 Art. 1

4. Import licences shall be issued on the fourth working day following the date of their lodgement, except where the Commission has informed  the
authorities of the Member State by fax or telex that the conditions for issuing the licences in question have not been met.

In such cases the Commission, having consulted the authorities in the third country  of  origin  where  necessary,  shall  take  the  appropriate
measures.

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.

                                            ê 2449/96 (adapted)

                                                                    Article 9

Subject to Article 10(2) Ö of this Regulation Õ 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.

                                            ê 2449/96

                                                                    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 import licence(s) issued for that consignment, the competent authorities which issued the licence(s)  concerned
shall, at the request of the importer, notify the Commission by telex or fax as quickly as possible, on a case-by-case basis, of  the  Indonesian
export licence number(s), the import licence number(s), the excess quantity and the name of the vessel.

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.

2. However, notwithstanding paragraph 1, where the quantities unloaded are not more than 2 % in excess of the quantities covered  by  the  import
licences issued corresponding to the export licences granted for the vessel concerned, the  competent  authorities  in  the  Member  State  where
release for free circulation is to take place shall, at the request of the importer, authorize the release for free  circulation  of  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.

The Commission, on receipt of the information referred to in the first subparagraph of paragraph 1,  shall  contact  the  Indonesian  authorities
with a view to the issue of new export licences.

Securities shall be released on presentation to the competent authorities of the Member State in which release for free circulation  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 box 20 one of the following entries:

                                            ê 777/2004 Art. 8 pt. 2

     – Certificado complementario, apartado 2 del artículo 10 del Reglamento (CE) no [2449/96]

     – Dovozní licence pro dodatečné množství, čl. 10 odst. 2 nařízení (ES) č. [2449/96]

     – Supplerende licens, forordning (EF) nr. [2449/96], artikel 10, stk. 2

     – Zusätzliche Lizenz — Artikel 10 Absatz 2 der Verordnung (EG) Nr. [2449/96]

     – Täiendav impordilintsents üleliigse koguse kohta, määruse (EÜ) nr [2449/96] artikli 10 lõige 2

     – Συμπληρωματικό πιστοποιητικό — Άρθρο 10 παράγραφος 2 του κανονισμού (ΕΚ) αριθ. [2449/96]

     – Licence for additional quantity, Article 10(2) of Regulation (EC) No [2449/96]

     – Certificat complémentaire, règlement (CE) no [2449/96], article 10 paragraphe 2

     – Kiegészítő engedély, 2449/96/EK rendelet 10. cikk (2) bek.

     – Titolo complementare, regolamento (CE) n. [2449/96], articolo 10, paragrafo 2

     – Licencija papildomam kiekiui, reglamento (EB) Nr. [2449/96] 10 straipsnio 2 dalis

     – Licence papildu daudzumam, regulas (EK) Nr. [2449/96] 10. panta 2. daļa

     – Licenzja għal kwantita addizzjonali, Artikolu 10(2) tar-Regolament (KE) Nru. [2449/96]

     – Aanvullend certificaat — artikel 10, lid 2, van Verordening (EG) nr. [2449/96]

     – Pozwolenie uzupełniające, art. 10 ust. 2 rozporządzenia (WE) nr [2449/96]

     – Certificado complementar, n.o 2 do artigo 10.o do Regulamento (CE) n.o [2449/96]

     – Licencia pre dodatkové množstvo, článok 10 odsek 2 nariadenia (ES) č. [2449/96]

     – Nadomestilo za dodatno količino, člen 10(2) Uredbe (ES) št. [2449/96]

     – Lisätodistus, asetus (EY) N:o [2449/96], 10 artiklan 2 kohta

     – Kompletterande licens, artikel 10.2 i förordning (EG) nr [2449/96].

                                            ê 2449/96

The security shall be forfeit in respect of quantities for which a supplementary import licence is not  presented  within  4  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.

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 authorized  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 authorized 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.

Licences issued pursuant to this Regulation shall be valid throughout the Community for 60 days from the date of actual issue.

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.

                                            ê

                                                                    Article 12

This Regulation (EC) No 2449/96 is repealed.

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 V.

                                            ê 2449/96 (adapted)

                                                                    Article 13

This Regulation shall enter into force on Ö the twentieth day following that of its publication in the Official Journal of the  European  Union Õ
1 January 1997.

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

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            ê 2449/96

                                                                     ANNEX I

                                                                      [pic]

                                                                    ê 2449/96

                                                                     ANNEX II

|SERIAL EC-A No                                            |ORIGINAL                                                  |
|DEPARTMENT OF TRADE                                                                                                  |
|OF INDONESIA                                                                                                         |

                                                                      [pic]

                                          ANEXO III — BILAG III — ANHANG III — ΠΑΡΑΡΤΗΜΑ ΙΙΙ — ANNEX III

                                                                      [pic]

                                            é

                                                                     ANNEX IV

                                                Repealed Regulation with 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                                              |Article 8 only                                |
|(OJ L 123, 27.4. 2004, p.50)                                                        |                                              |

                                                                  _____________

                                                                     ANNEX V

                                                                Correlation Table

|Regulation (EC) No 2449/96                                           |This Regulation                                                      |
|Article 1 introductory wording                                       |Article 1 introductory wording                                       |
|Article 1 point 1                                                    |Article 1(a)                                                         |
|Article 1 point 2                                                    |Article 1(c)                                                         |
|Article 1 point 3                                                    |Article 1(d)                                                         |
|Article 1 point 4                                                    |Article 1(e)                                                         |
|Article 2                                                            |Article 2                                                            |
|Article 3                                                            |Article 3                                                            |
|Article 4                                                            |Article 4                                                            |
|Article 5                                                            |Article 5                                                            |
|Article 6                                                            |Article 6                                                            |
|Article 7                                                            |Article 7                                                            |
|Article 8(1) and (2)                                                 |Article 8(1) and (2)                                                 |
|Article 8(3) introductory wording                                    |Article 8(3) introductory wording                                    |
|Article 8(3) first indent                                            |Article 8(3)(a)                                                      |
|Article 8(3) second indent                                           |Article 8(3)(b)                                                      |
|Article 8(3) third indent                                            |Article 8(3)(c)                                                      |
|Article 8(3) fourth indent                                           |Article 8(3)(d)                                                      |
|Article 8(3) fifth indent                                            |Article 8(3)(e)                                                      |
|Article 8(3) sixth indent                                            |Article 8(3)(f)                                                      |
|Article 8(4) and (5)                                                 |Article 8(4) and (5)                                                 |
|Article 9                                                            |Article 9                                                            |
|Article 10                                                           |Article 10                                                           |
|Article 11                                                           |Article 11                                                           |
|-                                                                    |Article 12                                                           |
|Article 12                                                           |Article 13                                                           |
|Annex I                                                              |Annex I                                                              |
|Annex II                                                             |Annex II                                                             |
|Annex III                                                            |Annex III                                                            |
|-                                                                    |Annex IV                                                             |
|-                                                                    |Annex V                                                              |

                                                                  _____________

                                                             -----------------------
[1]   OJ L 146, 20.6.1996, p. 1.
[2]   OJ L 333, 21.12.1996, p. 14. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50)
[3]   See Annex IV.
[4]   . OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 636/2004 (OJ L 100, 6.4.2004, p. 25).
[5]   .OJ L 189, 29.7.2003, p. 12. Regulation as amended by Regulation (EC) No 1092/2004 (OJ L 209, 11. 6. 2004, p. 9)