Commission Regulation (EC) No 1529/2007 of 21 December 2007 opening and providing for the administration in 2008 and 2009 of import quotas for rice originating in the ACP States which are part of the Cariforum region and the overseas countries and territories (OCTs)

31.12.2007 EN Official Journal of the European Union L 348/155
COMMISSION REGULATION (EC) No 1529/2007
of 21 December 2007
opening and providing for the administration in 2008 and 2009 of import quotas for rice originating in the ACP States which are part of the Cariforum region and the overseas countries and territories (OCTs)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (1), and in particular the seventh subparagraph of Article 6(5) of Annex III thereto,
Having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for goods originating in certain states which are part of the African, Caribbean and Pacific Group of States (ACP) provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (2), and in particular Article 6(3) thereof,
Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (3), and in particular Articles 10(2) and 13(1) thereof,
Whereas:
(1) Regulation (EC) No 1528/2007 applies the trading arrangements for goods originating in certain states which are part of the African, Caribbean and Pacific Group of States (ACP) provided for in the agreements establishing, or leading to the establishment of, Economic and Partnership Agreements (EPA). Under Article 6 of that Regulation, in 2008 and 2009 import quotas for rice originating in the states listed in Annex I thereto which form part of the Cariforum region are to be opened at zero duty for products of tariff heading 1006, with the exception of subheading 1006 10 10 for which imports are completely exempt from duties as of 1 January 2008.
(2) Under Article 6 of Annex III to Decision 2001/822/EC, ACP/OCTs cumulation of origin is allowed for a total annual quantity of 160 000 tonnes in husked-rice equivalent, for products falling within tariff heading 1006. Of that total quantity, an initial issue of import licences for 35 000 tonnes of rice originating in the overseas countries and territories (hereinafter 'OCTs) is made each year and, within this quantity, import licences for 10 000 tonnes are issued for imports originating in the least-developed OCTs. All other import licences are issued for imports originating in the Netherlands Antilles and Aruba. These quantities may be increased if the ACP States do not actually use their direct export options under the 125 000 tonne tariff quota provided for in the Cotonou agreement.
(3) Given that, from 1 January 2008, the trading arrangements of the Cotonou agreement no longer apply and the tariff quota for rice provided for therein is replaced by the preferential arrangements provided for in Article 6 of Regulation (EC) No 1528/2007, it should be laid down that the quota of 35 000 tonnes reserved for the OCTs may be increased if imports of rice into the Community under the preferential arrangements provided for in Article 6 of Regulation (EC) No 1528/2007 do not reach 125 000 tonnes.
(4) To ensure that the import arrangements for rice provided for in Regulation (EC) No 1528/2007 and by Decision 2001/822/EC are properly managed, the detailed rules for issuing import licences for rice originating in the Cariforum states and the OCTs in 2008 and 2009 should be laid down in a single text. Commission Regulation (EC) No 2021/2006 of 22 December 2006 opening and providing for the administration of import quotas for rice originating in the African, Caribbean and Pacific States (ACP States) and the overseas countries and territories (OCTs) should therefore be repealed (4).
(5) Without prejudice to the additional conditions or relevant derogations laid down for the management of these import arrangements, account should be taken of the provisions of the horizontal or sectoral implementing regulations, that is, Commission Regulations (EC) No 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 products (5), (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (6), and (EC) No 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 licences (7).
(6) To ensure balanced market management, the issue of import licences relating to the above import quotas is to be staggered over the year in several specific subperiods and the period of validity of the licences should be laid down.
(7) Quantities of rice at stages of processing other than husked rice shall be converted at the rates laid down in Article 1 of Commission Regulation No 467/67/EEC (8). Provision should also be made for the conversion of quantities of broken rice.
(8) In order to ensure proper administration of the quotas provided for in Regulation (EC) No 1528/2007 and Decision 2001/822/EC, a security should be lodged in conjunction with an import licence application at a level commensurate with the risks involved.
(9) Imports from the OCTs must be covered by import licences issued on the basis of an export licence issued by bodies authorised by the OCTs.
(10) Licences not used to import rice originating in the least-developed OCTs should be made available for the import of rice originating in the Netherlands Antilles and Aruba, without precluding the possibility of carrying quantities forward to subsequent subperiods in the year.
(11) As the agreements establishing, or leading to the establishment of, Economic Partnership Agreements enter into force from 1 January 2008, the measures provided for in this Regulation should apply from the same date.
(12) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,