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 (OCT)
Commission Regulation (EC) No 2021/2006of 22 December 2006opening 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 (OCT)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 ("Overseas Association Decision")OJ L 314, 30.11.2001, p. 1., and in particular the seventh subparagraph of Article 6(5) of Annex III thereto,Having regard to Council Regulation (EC) No 2286/2002 of 10 December 2002 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) and repealing Regulation (EC) No 1706/98OJ L 348, 21.12.2002, p. 5., and in particular Article 5 thereof,Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in riceOJ L 270, 21.10.2003, p. 96. Regulation as last amended by Regulation (EC) No 797/2006 (OJ L 144, 31.5.2006, p. 1)., and in particular Articles 10(2), 11(4) and 13(1) thereof,Whereas:(1)Commission Regulation (EC) No 638/2003 of 9 April 2003 laying down detailed rules for applying Council Regulation (EC) No 2286/2002 and Council Decision 2001/822/EC as regards the arrangements applicable to imports of rice originating in the African, Caribbean and Pacific States (ACP States) and the overseas countries and territories (OCT)OJ L 93, 10.4.2003, p. 3. Regulation as last amended by Regulation (EC) No 2120/2005 (OJ L 340, 23.12.2005, p. 22). has been substantively amended since its adoption. The provisions relating to the quota originating in the ACP States and OCT should, moreover, be harmonised with the horizontal or sectoral implementing regulations, that is, 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 productsOJ 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)., 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 riceOJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regulation (EC) No 945/2006 (OJ L 173, 27.6.2006, p. 12)., 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 licencesOJ L 238, 1.9.2006, p. 13.. Regulation (EC) No 1301/2006 applies to import licences for tariff quota periods starting from 1 January 2007.(2)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 Community tariff quotas for imports of rice originating in the African, Caribbean and Pacific States (ACP States) and the overseas countries and territories (OCT) should therefore be adapted. For the sake of clarity, Regulation (EC) No 638/2003 should be replaced and repealed with effect from 2007.(3)Regulation (EC) No 2286/2002 implements the arrangements for imports from the ACP States made as a result of the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000. Article 1(3) of that Regulation introduces general arrangements for reducing customs duties on the products listed in Annex I thereto and specific arrangements for reducing customs duties on certain products covered by tariff quotas listed in Annex II thereto. Provision is made for annual quotas of 125000 tonnes of rice, in husked-rice equivalent, and 20000 tonnes of broken rice.(4)Decision 2001/822/EC provides that ACP/OCT cumulation of origin, as provided for in Article 6 of Annex III thereto, is to be allowed for a total annual quantity of 160000 tonnes in husked-rice equivalent, for products falling within CN code 1006. To begin with, import licences covering 35000 tonnes from that total quantity are issued to the OCT each year, and import licences for a further 10000 tonnes are issued for the least-developed OCT.(5)To ensure that these import arrangements are properly managed, the detailed rules for issuing import licences for rice originating in the ACP States and OCT should be laid down in a single text.(6)The issue of import licences is to be staggered over the year in several subperiods fixed to ensure balanced market management. Under Regulation (EC) No 638/2003, licences for the first subperiod were to be issued in February. Following the request by the ACP States, to ensure that operators can actually benefit from these quotas from January to December, the first subperiod should be brought forward by one month.(7)Duty may be reduced on condition that the exporting ACP State collects an export charge equivalent to the duty reduction, as provided for in Annex II to Regulation (EC) No 2286/2002. Detailed rules should be laid down to prove that the charge has been paid.(8)Imports must be covered by import licences issued on the basis of an export licence issued by bodies authorised by the ACP States and OCT.(9)Licences not used by the least-developed OCT should be made available to the Netherlands Antilles and Aruba, without precluding the possibility of carrying quantities forward to subsequent subperiods in the year.(10)In order to ensure proper administration of the quotas provided for in Regulation (EC) No 2286/2002 and Decision 2001/822/EC, importers should be required to lodge a security at a level appropriate to the risks involved when applying for an import licence. Quotas should also be staggered over the year and the term of validity of licences should be specified.(11)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.(12)However, given that the five-day period for lodging the applications referred to in this Regulation for the first subperiod falls in the month of January, it should be laid down that the first applications for 2007 may be lodged by operators only from the 15th day following the publication of this Regulation in the Official Journal of the European Union, in order to give operators time to adapt to the new rules laid down by this Regulation.(13)The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,HAS ADOPTED THIS REGULATION: