Commission Regulation (EC) No 6/2001 of 4 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1804/98 as regards the opening of a tariff quota for imports of residues from the manufacture of starch from maize falling within CN codes 23031019 and 23099020 and originating in the United States of America

Commission Regulation (EC) No 6/2001
of 4 January 2001
laying down detailed rules for the application of Council Regulation (EC) No 1804/98 as regards the opening of a tariff quota for imports of residues from the manufacture of starch from maize falling within CN codes 2303 10 19 and 2309 90 20 and originating in the United States of America
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1804/98 of 14 August 1998 establishing an autonomous duty applicable for residues from the manufacture of starch from maize falling within CN codes 2303 10 19 and 2309 90 20 and introducing a tariff rate quota on imports of residues from the manufacture of starch from maize (corn gluten feed) falling within CN codes 2303 10 19 and 2309 90 20 originating in the United States of America(1), and in particular Article 5 thereof,
Whereas:
(1) Following the safeguard measure imposed by the United States in the form of a quantitative restriction on imports of wheat gluten originating inter alia in the Community, the Council adopted Regulation (EC) No 1804/98, which provides in particular for the application of an autonomous duty of EUR 50 per tonne on residues from the manufacture of starch from maize falling within CN codes 2303 10 19 and 2309 90 20 and originating in the United States and for the opening of an annual tariff import quota for 2730000 tonnes of such products subject to a customs duty of EUR 5 per tonne.
(2) That Regulation is to apply from 1 June 2001 or five days from the date of a decision of the World Trade Organisation's Dispute Settlement Body acknowledging that the protective measure applied by the United States is incompatible with the WTO Agreements.
(3) A decision by the WTO Dispute Settlement Body acknowledging that the safeguard measure applied by the United States is incompatible with the WTO Agreements is expected in January 2001. Under those circumstances the autonomous duty provided for in Regulation (EC) No 1804/98 will apply from the fifth day following the date of the WTO Dispute Settlement Body decision and the detailed rules governing the opening of the tariff quota from that date to 31 May 2001 must be laid down. The opening of any new tariff quota from 1 June 2001 will be dealt with in a subsequent regulation.
(4) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(2), as last amended by Regulation (EC) No 2787/2000(3), consolidates the provisions for managing tariff quotas, which are to be used in chronological order according to the dates of acceptance of the declarations of release for free circulation.
(5) With a view to efficient management of the quota, a certificate testifying to the origin of the goods must be required.
(6) For the sake of legal safety, transitional measures should be laid down for products that are in the process of shipment to the Community on the date of implementation of Regulation (EC) No 1804/98.
(7) The exemption from customs duty will apply once more after the tariff quota of 2730000 tonnes has been used up.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,