Commission Implementing Regulation (EU) No 480/2012Show full title

Commission Implementing Regulation (EU) No 480/2012

of 7 June 2012

opening and providing for the management of a tariff quota for broken rice of CN code 1006 40 00 for production of food preparations of CN code 1901 10 00

(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,

Whereas:

(1) 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 1006 40 00 for production of food preparations of CN code 1901 10(2) has been substantially amended several times(3). In the interests of clarity and rationality the said Regulation should be codified.

(2) 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 00.

(3) It should be stated 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(4) applies to imports under this Regulation.

(4) 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(5) 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.

(5) In the interests of improved administration of the tariff quota opened under this Regulation, it is necessary to continue to allow operators to submit more than one licence application per quota period, and therefore to derogate from Article 6(1) of Regulation (EC) No 1301/2006. Moreover, in order to improve controls on this quota and to harmonise and simplify its administration, provision should be made for import licence applications to be submitted on a weekly basis.

(6) To ensure that the quota is properly managed specific rules on submission of applications and issuing of licences are required. Those rules either supplement or derogate from the provisions of 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(6).

(7) Specific provisions are required to ensure that the broken rice imported is not deflected from the prescribed use. 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. Proper management of the quota requires that a reasonable time be allowed for processing. 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 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(7), as the appropriate means of giving proof of processing. 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.

(8) Although the purpose of the security is to ensure payment of a newly arising import debt, there should be some flexibility regarding the release of the security.

(9) Security against import licences of EUR 25 per tonne should suffice for proper management of the quota.

(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 276, 29.10.1996, p. 7.

(3)

See Annex V.

(4)

OJ L 189, 29.7.2003, p. 12.

(5)

OJ L 238, 1.9.2006, p. 13.

(6)

OJ L 114, 26.4.2008, p. 3.

(7)

OJ L 253, 11.10.1993, p. 1.