Commission Regulation (EC) No 27/2008 of 15 January 2008 opening and providing for the administration of certain annual tariff quotas for products covered by CN codes 07141091 , 07141099 , 07149011 and 07149019 originating in certain third countries other than Thailand (Codified version)
Modified by
Commission Regulation (EC) No 413/2008of 8 May 2008amending and correcting Regulation (EC) No 27/2008 opening and providing for the administration of certain annual tariff quotas for products covered by CN codes 07141091, 07141099, 07149011 and 07149019 originating in certain third countries other than Thailand, 308R0413, May 9, 2008
Commission Regulation (EC) No 27/2008of 15 January 2008opening and providing for the administration of certain annual tariff quotas for products covered by CN codes 07141091, ex07141098, 07149011 and 07149019 originating in certain third countries other than Thailand(Codified version)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 negotiationsOJ L 146, 20.6.1996, p. 1., and in particular Article 1(1) thereof,Whereas:(1)Commission Regulation (EC) No 2449/96 of 18 December 1996 opening and providing for the administration of certain annual tariff quotas for products covered by CN codes 07141091, 07141099, 07149011 and 07149019 originating in certain third countries other than ThailandOJ L 333, 21.12.1996, p. 14. Regulation as last amended by Regulation (EC) No 1884/2006 (OJ L 364, 20.12.2006, p. 44). has been substantially amended several timesSee Annex VI.. In the interests of clarity and rationality the said Regulation should be codified.(2)The Community has undertaken, within the framework of the World Trade Organisation (WTO), to open certain annual tariff quotas for products covered by CN codes 07141091, 07141099, 07149011 and 07149019 originating in Indonesia, in the People’s Republic of China (China), in other contracting parties to the WTO other than Thailand, and in certain other countries not members of the WTO. Under those quotas the customs duty is limited to 6 % ad valorem. Those quotas are to be opened on a multiannual basis and administered by the Commission.(3)It is necessary to maintain a system of administration which ensures that only products originating in Indonesia and China can be imported under the quotas allocated to those countries. As a result, the issue of import licences should continue to be subject to the presentation of export licences issued by the authorities of those two countries, specimens of which have been sent to the Commission. As regards products originating in Vietnam, in accordance with the practice followed for several years, import licence applications are subject, in addition to other provisions, to presentation of a certificate issued on the initiative of the exporting country.(4)Since imports of the products concerned into the Community have traditionally been administered on a calendar-year basis, that system should be maintained.(5)Imports of products covered by CN codes 07141091, 07141099, 07149011 and 07149019 are subject to presentation of an import licence for which common detailed rules of application are laid down in Commission Regulation (EC) No 1291/2000OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).. Commission Regulation (EC) No 1342/2003OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regulation (EC) No 1996/2006 (OJ L 398, 30.12.2006, p. 1). lays down special detailed rules for the application of the system of licences for cereals and rice.(6)The usual additional rules for the management of such quotas, relating in particular to the submission of applications, issue of licences, and monitoring of imports should be applied.(7)In particular, the origin of the products should be ascertained by providing that the issue of import licences be subject to the presentation of certificates of origin issued by the countries concerned. However, certificates of origin should not be required for products originating in China.(8)For the sake of sound management of the import arrangements in question, applications for licences may not cover a quantity in excess of that entered on the document certifying loading and shipment to the Community. A maximum quantity per application should also be laid down in certain cases, and it should be stipulated that in no case may applications cover a quantity greater than that for which the aforementioned proof is provided.(9)In cases where the quantities actually unloaded are slightly in excess of the quantities given in the import licences, measures to ensure the release for free circulation of the surplus quantities should be adopted if the country of origin of the products is able to guarantee that the formalities laid down for this purpose can be executed. Indonesia and China appear able to meet this condition.(10)The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,HAS ADOPTED THIS REGULATION: