Commission Regulation (EC) No 1818/2006 of 11 December 2006 on the implementation of the management system of the quantitative ceiling of potassium chloride in relation to the anti-dumping measures applicable on imports of potassium chloride originating in Belarus
Commission Regulation (EC) No 1818/2006of 11 December 2006on the implementation of the management system of the quantitative ceiling of potassium chloride in relation to the anti-dumping measures applicable on imports of potassium chloride originating in BelarusTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European CommunityOJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). (the basic Regulation),Having regard to Council Regulation (EC) No 1050/2006 imposing a definitive anti-dumping duty on imports of potassium chloride originating in Belarus and RussiaOJ L 191, 12.7.2006, p. 1., and in particular Article 2(1) thereof,After consulting the Advisory Committee,Whereas:(1)By Regulation (EC) No 1050/2006, the Council imposed anti-dumping measures on imports of potassium chloride originating, inter alia, in Belarus. In view of the special market conditions prevailing on the potassium chloride market, it was considered appropriate to impose measures in the form of a minimum import price (MIP) for product types falling under CN codes 31042050 and 31042090 (TARIC codes 3104205010, 3104205090 and 3104209000), up to a quantitative ceiling, beyond which an ad valorem duty of 27,5 % should apply (product concerned).(2)The Council, in Regulation (EC) No 1050/2006 of 11 July 2006, acknowledged that the introduction of a quantitative ceiling requires a management system which could not be put in place prior to the entry into force of that Regulation. Therefore, the Council in Article 2(1) of Regulation (EC) No 1050/2006 empowered the Commission to set out by a Regulation the modalities for implementing the management system of the quantitative ceiling as soon as it was technically possible.(3)The effective management of the quantitative ceiling calls for the introduction of a requirement for a Community import authorisation for the release for free circulation in the Community of the product concerned until the quantitative ceiling is exhausted. In order to minimise interference in the market and to provide fair access to the quantitative ceiling to all economic operators it is considered appropriate to issue the import authorisation in a chronological order in which the notifications of Member States are received.(4)In order to ensure that the quantitative ceiling is not exceeded, it is necessary to establish a procedure whereby the competent authorities of Member States do not issue import authorisations before obtaining confirmation from the Commission that appropriate amounts remain available within the quantitative ceiling.(5)In order to combat speculative or artificial practices in relation to issue of import authorisation, it is considered appropriate to limit individual applications to the amount stated in the relevant contract entered into between the importer and exporter; as well as to limit the validity of the import authorisations to three months. In this context, the Commission also recalls that Article 5(3) of Council Regulation (EEC) No 2913/92OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 13). provides that save in exceptional circumstances, the customs representative designated by the importer must be established within the Community. Moreover, for the same purpose (i.e. to combat speculative and artificial practices) it is considered appropriate to define the exporter, as an economic operator having its registered office, central headquarters or a permanent business establishment in Belarus.(6)The use of computerised procedures is gradually replacing the manual input of data in different areas of administrative activity. It should therefore also be possible to use computerised and electronic procedures when applying for import authorisation as well as for the issue of such import authorisations.(7)In the interest of good administration the Commission considers it appropriate to provide sufficient time for the Member States for the implementation of the management system for the quantitative ceiling established by this Regulation, as well as for the economic operators to become accustomed to the new system of import authorisations. Therefore it is considered appropriate that the regulation enters into force on 1 January 2007,HAS ADOPTED THIS REGULATION: