An annual zero duty tariff quota of 1 000 tonnes of broken rice of CN code 1006 40 for use in the production of food preparations of CN code 1901 10 is hereby opened in accordance with the provisions of this Regulation.
Commission Regulation (EC) No 2058/96 of 28 October 1996 opening and providing for the management of a tariff quota for broken rice of CN code 10064000 for production of food preparations of CN code 190110
Commission Regulation (EC) No 2058/96 of 28 October 1996 opening and providing for the management of a tariff quota for broken rice of CN code 10064000 for production of food preparations of CN code 190110
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 thereof,
Whereas among the concessions granted is an annual quota of 1 000 tonnes at zero duty of broken rice of CN code 1006 40 00 for production of food preparations of CN code 1901 10;
Whereas to ensure that the quota is properly managed specific rules on submission of applications and issuing of licences are required; whereas these rules either supplement or derogate from the provisions of Commission Regulation (EEC) No 3719/88(2), as last amended by Regulation (EC) No 2137/95(3);
Whereas specific provisions are required to ensure that the broken rice imported is not deflected from the prescribed use; whereas duty exemption should therefore be made conditional on submission of an undertaking by the importer as to the use of the rice and lodging of a security equal to the uncharged duty; whereas proper management of the quota requires that a reasonable time be allowed for processing; whereas consignment of the goods requires a T5 control copy to be made out in the Member State of entry for free circulation in accordance with Commission Regulation (EEC) No 2454/93 laying down provisions for implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(4), as last amended by Regulation (EC) No 1676/96(5), as the appropriate means of giving proof of processing; whereas when processing takes place in the Member State of entry for free circulation proof of processing may be furnished by means of an equivalent national document;
Whereas, although the purpose of the security is to ensure payment of a newly arising import debt, there should be some flexibility in release of the security;
Whereas it should be stated that Commission Regulation (EC) No 1162/95 of 23 May 1995 laying down special detailed rules for the application of the system of import and export licences for cereals and rice(6), as last amended by Regulation (EC) No 1527/96(7), applies to imports under this Regulation;
Whereas security against import licences of ECU 25 per tonne should suffice for proper management of the quota;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Article 2
1.
Applications for import licences shall concern a quantity of at least 5 tonnes and not more than 500 tonnes of broken rice.
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 paragraph 4(a) shall be Monday 8 January 2007.
2.
Notwithstanding Article 6(1) of Regulation (EC) No 1301/2006, applicants may submit more than one licence application per quota period. However, applicants may submit only one licence application per week.
3.
Box 7 of the licence application and the import licence shall indicate the country of origin and the word ‘yes’ shall be marked with a cross.
4.
Licence applications and licences shall contain:
-
in box 20 one of the entries listed in Annex I;
-
in box 24, one of the entries listed in Annex II.
5.
Notwithstanding Article 10 of Regulation (EC) No 1162/95, the security against import licences provided for in this Regulation shall be ECU 25 per tonne.
Article 3
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 last day for the submission of applications for that week, an award coefficient 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 year in question.
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 paragraph, 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.
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 4(a).
Article 4
The Member States shall send the Commission, by electronic means:
-
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 break-down by eight-digit CN code and by country of origin of the quantities covered by those applications;
-
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 break-down by eight-digit CN code and by country of origin of the quantities for which import licences have been issued;
-
no later than the last day of each month, the total quantities actually released for free circulation under this quota during the previous month but one, broken down by eight-digit CN code and by country of origin. If no quantities have been released for free circulation during the period, a ‘nil’ notification shall be sent.