CELEX: 32006R1964
Language: en
Date: 2006-12-22 00:00:00
Title: Commission regulation (EC) No 1964/2006 of 22 December 2006 laying down detailed rules for the opening and administration of an import quota for rice originating in Bangladesh, pursuant to Council Regulation (EEC) No 3491/90

L 408/18           EN                       Official Journal of the European Union                            30.12.2006
                             COMMISSION REGULATION (EC) No 1964/2006
                                                 of 22 December 2006
      laying down detailed rules for the opening and administration of an import quota for rice
             originating in Bangladesh, pursuant to Council Regulation (EEC) No 3491/90
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EEC) No 3491/90 of 26 November 1990 on imports of rice
   originating in Bangladesh1, and in particular Article 3 thereof,
   Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common
   organisation of the market in rice2, and in particular Articles 10(2), 11(4) and 13(1) thereof,
   Whereas:
   (1)     Under Regulation (EEC) No 3491/90, the levy on imports of rice originating in Bangladesh
           is reduced by 50% plus a standard component varying according to the extent to which the
           rice is milled, provided that a corresponding tax is paid when the rice is exported from the
           third country concerned. To this end, for the purposes of application of that Regulation, the
           changes which have taken place since its adoption should be taken into account, as should
           the overhaul of the agrimonetary arrangements in 1995.
   (2)     Commission Regulation (EEC) No 862/91 of 8 April 1991 laying down detailed rules
           applying Council Regulation (EEC) No 3491/90 to imports of rice originating in
           Bangladesh3 has been substantively amended since its adoption. The provisions relating to
           the quota originating in Bangladesh should, moreover, be harmonised with the horizontal or
           sectoral implementing regulations, that is, apart from Regulation (EC) No 1301/2006,
           Commission Regulations (EC) Nos 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 certificates for agricultural products4, 1342/2003 of 28 July 2003 laying down special
   1
           OJ L 337, 4.12.1990, p. 1.
   2
           OJ L 270, 21.10.2003, p. 96. Regulation as amended by Regulation (EC) No 797/2006 (OJ L 144, 31.5.2006,
           p. 1).
   3
           OJ L 88, 9.4.1991, p. 7. Regulation as last amended by Regulation (EC) No 1950/2005 (OJ L 312, 29.11.2005,
           p. 18).
   4
           OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1713/2006 (OJ L 321,
           21.11.2006, p. 11).
 ---pagebreak--- 30.12.2006        EN                    Official Journal of the European Union                          L 408/19
           detailed rules for the application of the system of import and export licences for cereals and
           rice5, and 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 licences6.
           Regulation (EC) No 1301/2006 applies to import licences for tariff quota periods starting
           from 1 January 2007.
    (3)    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 limits the period of
           validity of import licences to the final day of the tariff quota period and applies without
           prejudice to additional conditions or derogations laid down by the sectoral regulations. The
           administration of the Community tariff quota for imports of rice originating in Bangladesh
           should therefore be adapted by adopting a new regulation applicable from 2007 and
           repealing Regulation (EEC) No 862/91.
    (4)    In the interests of sound administration of the quota, it is necessary to allow operators to
           submit more than one licence application per quota period, and therefore to derogate from
           Article 6(1) of Regulation (EC) No 1301/2006. 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 therefore be laid down, as should suitable
           administrative measures in order to ensure that the volume of the quota fixed is not
           exceeded. Moreover, in order to improve controls on the quota and to simplify its
           administration, provision should be made for import licence applications to be submitted on
           a weekly basis, and the security should be fixed at a level appropriate to the risks involved.
    (5)    These measures should be applied from 1 January 2007, which is the date from which the
           measures provided for in Regulation (EC) No 1301/2006 apply.
    (6)    However, the period for lodging the first applications referred to in this Regulation falls on a
           public holiday in 2007; it should therefore be laid down that the first applications may be
           lodged by operators only from the first working day of 2007, and that this first period for
           lodging applications closes no later than Monday 8 January 2007. It should also be specified
           that import licence applications for this first period should be sent to the Commission no
           later than Monday 8 January 2007.
    (7)    The measures provided for in this Regulation are in accordance with the opinion of the
           Management Committee for Cereals,
    5
           OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regulation (EC) No 945/2006 (OJ L 1736,
           27.6.2006, p. 12).
    6
           OJ L 238, 31.8.2006, p. 13.
 ---pagebreak--- L 408/20        EN                    Official Journal of the European Union                       30.12.2006
   HAS ADOPTED THIS REGULATION:
                                                    Article 1
   The annual import tariff quota provided for in Article 2(1) of Regulation (EEC) No 3491/90 shall be
   opened each year on January 1, for a quantity equivalent to 4 000 tonnes of husked rice. The serial
   number of the quota shall be 09.4517.
   Regulations (EC) Nos 1291/2000, 1342/2003 and 1301/2006 shall apply, save as otherwise
   provided for in this Regulation.
                                                    Article 2
   1.      The certificate of origin referred to in the second indent of Article 1(2) of Regulation
           (EEC) No 3491/90 (hereinafter “certificate of origin”) shall be drawn up on a form of
           which a model is set out in Annex I to this Regulation.
   2.      The certificate of origin shall be valid for 90 days from the date of issue but not later than
           31 December of the year of issue.
   3.      The competent authority for issuing certificates of origin shall be the ‘Export Promotion
           Bureau of Bangladesh’.
                                                    Article 3
   1.      The proof referred to in the first indent of Article 1(2) of Regulation (EEC) No 3491/90
           shall be constituted by the insertion by the competent authorities in Bangladesh of one of
           the one of the entries shown in Annex II to this Regulation under ‘Remarks’ in the
           certificate of origin.
   2.      Where the tax collected by the exporting country is less than the reduction referred to in
           Article 1(1) of Regulation (EEC) No 3491/90, the reduction shall not exceed the amount
           collected.
                                                    Article 4
   1.      In addition to fulfilling the other conditions laid down by Community rules, in order to
           qualify for the arrangements referred to in Article 1 of Regulation (EEC) No 3491/90, the
           application for an import licence and the import licence itself must contain:
           (a)    in sections 20 and 24, one of the entries shown in Annex III;
           (b)    in section 8, “Bangladesh” and “Yes” marked with a cross.
 ---pagebreak--- 30.12.2006        EN                     Official Journal of the European Union                      L 408/21
    2.       Notwithstanding Article 6(1) of Regulation (EC) No 1301/2006, applicants may submit
             more than one licence application per quota period. The eight-digit CN code shall be
             indicated on the application.
    3.       Import licence applications shall be lodged with the competent authorities of the Member
             States each week no later than Monday at 13.00 (Brussels time). However, for 2007, the
             period for lodging the first applications shall begin only on the first working day of 2007
             and shall end no later than 8 January 2007, and the first Monday on which import licence
             applications are to be sent to the Commission in accordance with Article 7(a) shall be
             Monday 8 January 2007.
                                                        Article 5
    1.       Where the quantities applied for in a given week exceed the quantity available under the
             quota, the Commission shall fix, no later than the fourth working day following the final
             day for the submission of applications for that week, an award coefficient to apply to each
             application for the quantities applied for during that week, reject applications submitted in
             respect of the following weeks and suspend the issue of import licences until the end of the
             current year.
             If the award coefficient referred to in the first subparagraph results in one or more
             quantities of less than 20 tonnes per application, Member States shall allocate the total of
             such quantities by drawing lots among the operators concerned for each quantity of 20
             tonnes, with the remainder distributed equally between the 20-tonne quantities. However,
             where adding together the quantities of less than 20 tonnes does not result in the
             constitution of a 20-tonne quantity, the remainder shall be distributed by the Member State
             equally between the operators whose licences are for 20 tonnes or more.
             Where, following the application of the second subparagraph, the quantity for which a
             licence is to be issued is less than 20 tonnes, 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 award coefficient.
    2.       The import licence, issued for a quantity not exceeding that entered on the certificate of
             origin referred to in Article 2, shall oblige the importer to import from Bangladesh.
    3.       Import licences shall be issued on the eighth working day following the final day for the
             notification of licence applications to the Commission referred to in Article 7(a).
                                                        Article 6
    Notwithstanding Article 12 of Regulation (EC) No 1342/2003, the security for the import licences
    shall be fixed at EUR 30 per tonne for paddy rice falling within CN code 1006 10, with the
    exception of CN code 1006 10 10.
 ---pagebreak--- L 408/22          EN                     Official Journal of the European Union                   30.12.2006
                                                       Article 7
   The Member States shall send the Commission, by electronic means:
   (a)       on the final day for the submission of licence applications, no later than 18.00 (Brussels
             time), the information on the import licence applications referred to in Article 11(1)(a) of
             Regulation (EC) No 1301/2006, with a breakdown by eight-digit CN code of the quantities
             (in product weight) covered by those applications;
   (b)       no later than the second working day following the issue of the import licences,
             information on the licences issued, as referred to in Article 11(1)(b) of Regulation (EC)
             No 1301/2006, with a breakdown by eight-digit CN code of the quantities (in product
             weight) for which import licences have been issued;
   (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 free circulation
             during the period, a ‘nil’ notification shall be sent.
                                                       Article 8
   Regulation (EEC) No 862/91 is hereby repealed.
                                                       Article 9
   This Regulation shall enter into force on the day following that of its publication in the Official
   Journal of the European Union.
   It shall apply from 1 January 2007.
   This Regulation shall be binding in its entirety and directly applicable in all Member States.
   Done at Brussels, 22 December 2006.
                                                      For the Commission
                                                      Mariann FISCHER BOEL
                                                      Member of the Commission
 ---pagebreak--- 30.12.2006              EN                               Official Journal of the European Union                                     L 408/23
                                                                        ANNEX I
    1. Consignor                                                           CERTIFICATE OF ORIGIN
                                                                           for imports of agricultural products into the European
                                                                           Economic Community
                                                                           No                                          ORIGINAL
    2. Consignee (optional)                                                3. ISSUING AUTHORITY
                                                                           4. Country of origin BANGLADESH
    NOTES                                                                  5. Remarks
    A.         The certificate must be completed in typescript or by
    means of a mechanical data-processing system, or similar
    procedure.
    B.         The original of the certificate must be lodged together
    with the declaration of release for free circulation with the relevant
    customs office in the Community.
    6. Item number- Markings and numbers – Number and kind of packages – Description of goods                      7. Gross and net
                                                                                                                   mass (kg)
    8.         THIS IS TO CERTIFY THAT THE ABOVE PRODUCTS ORIGINATE IN THE COUNTRY INDICATED IN SECTION 4
    AND THAT THE ENTRIES IN SECTION 5 ARE CORRECT.
    Place and date of issue:                             Signature:              Issuing authority’s stamp:
    9. RESERVED FOR THE CUSTOMS AUTHORITIES IN THE COMMUNITY
 ---pagebreak--- L 408/24      EN                      Official Journal of the European Union            30.12.2006
                                                   ANNEX II
                                  Entries referred to in Article 3(1)
   –     In Bulgarian: Събрана специална такса върху износа на ориз
   –     In Spanish: Derecho especial percibido a la exportación del arroz
   –     In Czech: Zvláštní poplatek vybraný při vývozu rýže
   –     In Danish: Særafgift, der opkræves ved eksport af ris
   –     In German: Bei der Ausfuhr von Reis erhobene Sonderabgabe
   –     In Estonian: Riisi ekspordi suhtes kohaldatav erimaks
   –     In Greek: Ειδικός δασµός που εισπράττεται κατά την εξαγωγή ρυζιού
   –     In English: Special charge collected on export of rice
   –     In French: Taxe spéciale perçue à l'exportation du riz
   –     In Italian: Tassa speciale riscossa all'esportazione del riso
   –     In Latvian: Īpašs maksājums, kuru iekasē par rīsu eksportu           (amount   in
                                                                              national
   –     In Lithuanian: Specialus mokestis, taikomas ryžių eksportui          currency)
   –     In Hungarian: A rizs exportálásakor beszedett különleges díj
   –     In Maltese: Taxxa speċjali miġbura ma’ l-esportazzjoni tar-ross
   –     In Dutch: Bij uitvoer van de rijst is de bijzondere belasting geïnd.
   –     In Polish: Specjalna opłata pobrana od eksportu ryżu
   –     In Portuguese: Taxa especial cobrada à exportaçao de arroz
   –     In Romanian: Taxă specială percepută la exportul de orez
   –     In Slovak: Zvláštny poplatok inkasovaný pri vývoze ryže
   –     In Slovenian: Posebna dajatev, pobrana na izvoz riža
   –     In Finnish: Riisin viennin yhteydessä perittävä erityismaksu
   –     In Swedish: Särskild avgift som tas ut vid export av ris
 ---pagebreak--- 30.12.2006      EN                  Official Journal of the European Union L 408/25
                                                 ANNEX III
                                 Entries referred to in Article 4(1)(a)
    –      In Bulgarian: Бангладеш
    –      In Spanish: Bangladesh
    –      In Czech: Bangladéš
    –      In Danish: Bangladesh
    –      In German: Bangladesch
    –      In Estonian: Bangladesh
    –      In Greek: Μπαγκλαντές
    –      In English: Bangladesh
    –      In French: Bangladesh
    –      In Italian: Bangladesh
    –      In Latvian: Bangladešā
    –      In Lithuanian: Bangladešas
    –      In Hungarian:
    –      In Maltese: Bangladesh
    –      In Dutch: Bangladesh
    –      In Polish: Bangladesz
    –      In Portuguese: Bangladesh
    –      In Romanian: Bangladesh
    –      In Slovak: Bangladéš
    –      In Slovenian: Bangladesh
    –      In Finnish: - Bangladesh
    –      In Swedish: Bangladesh.