Commission Implementing Regulation (EU) No 1273/2011Show full title

Commission Implementing Regulation (EU) No 1273/2011

of 7 December 2011

opening and providing for the administration of certain tariff quotas for imports of rice and broken rice

(codification)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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,

Having regard to Council Decision 96/317/EC of 13 May 1996 concerning the conclusion of the results of the consultations with Thailand under GATT Article XXIII(2), and in particular Article 3 thereof,

Whereas:

(1) Commission Regulation (EC) No 327/98 of 10 February 1998 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice(3) has been substantially amended several times(4). In the interests of clarity and rationality the said Regulation should be codified.

(2) Under the negotiations conducted pursuant to GATT Article XXIV(6) in the wake of the accession of Austria, Finland and Sweden to the European Community, it was agreed to open from 1 January 1996 an annual import quota for 63 000 tonnes of semi-milled and wholly milled rice covered by CN code 1006 30 at zero duty. That quota was included in the European Community list provided for in Article II(1)(a) of GATT 1994.

(3) Under the consultations with Thailand pursuant to GATT Article XXIII, it was agreed to open an annual import quota for 80 000 tonnes of broken rice covered by CN code 1006 40 00 at an import duty reduced by EUR 28 per tonne.

(4) Council Decision 2005/953/EC of 20 December 2005 on the conclusion of an agreement in the form of an Exchange of Letters between the European Community and Thailand pursuant to Article XXVIII of GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to GATT 1994(5) provides for the opening of a new global annual import quota of 13 500 tonnes of semi-milled or wholly milled rice falling within CN code 1006 30 at zero duty and an increase in the annual import quota for broken rice falling within CN code 1006 40 00 to 100 000 tonnes.

(5) The Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Thailand pursuant to Article XXIV: 6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union(6), approved by Council Decision 2006/324/EC(7), provides for an increase in the annual global tariff quota at zero duty for wholly milled and semi-milled rice covered by CN code 1006 30 of 25 516 tonnes for all origins and of 1 200 tonnes for Thailand. It also provides for the opening of an additional zero duty tariff quota of 31 788 tonnes of broken rice covered by CN code 1006 40 for all origins, and for new quotas at 15 % duty valid for all origins of 7 tonnes of paddy rice covered by CN code 1006 10 and 1 634 tonnes of husked rice covered by CN code 1006 20.

(6) The commitments for the annual import tariff quotas referred to in Article 1(1)(a), (c) and (d) of this Regulation provide that the administration of those quotas is to take account of traditional suppliers.

(7) With a view to preventing imports under those quotas from causing disturbance in the normal marketing of Union-grown rice, such imports should be staggered over the year so they can be absorbed more easily by the Union market.

(8) With a view to the sound administration of the quotas and in particular in order to ensure that the quantities fixed are not exceeded, special detailed rules should be laid down to cover the submission of applications and the issue of licences. Such detailed rules should either supplement or derogate from Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products(8).

(9) It should be stipulated that Commission Regulation (EC) No 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 rice(9) and Commission Regulation (EC) No 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 licences(10) apply in the framework of this Regulation.

(10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 146, 20.6.1996, p. 1.

(2)

OJ L 122, 22.5.1996, p. 15.

(3)

OJ L 37, 11.2.1998, p. 5.

(4)

See Annex X.

(5)

OJ L 346, 29.12.2005, p. 24.

(6)

OJ L 120, 5.5.2006, p. 19.

(7)

OJ L 120, 5.5.2006, p. 17.

(8)

OJ L 114, 26.4.2008, p. 3.

(9)

OJ L 189, 29.7.2003, p. 12.

(10)

OJ L 238, 1.9.2006, p. 13.