(1)

Commission Regulation (EC) No 1401/2002 (3) lays down detailed rules for the opening and administration of the tariff quotas for rice originating in the least developed countries for the marketing years 2002/2003 to 2008/2009. Since its entry into force, horizontal or sectoral implementing regulations, that is, Commission Regulation (EC) No 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 products (4), 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 (5), 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 (6), have been adopted or amended, and must be taken into account in respect of this quota.

(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 applies without prejudice to additional conditions or derogations laid down by the sectoral regulations. For the sake of clarity, therefore, the administration of the Community tariff quotas for imports of rice originating in the least developed countries should be adapted by adopting a new regulation and repealing Regulation (EC) No 1401/2002.

(3)

Article 12(5) of Regulation (EC) No 980/2005 lays down that, until Common Customs Tariff duties are entirely suspended as from 1 September 2009, a global tariff quota at zero duty is to be opened for every marketing year for products of CN code 1006, originating in a country that, according to Annex I of that Regulation, benefits from the special arrangements for least developed countries. This tariff quota is calculated on the basis of a quantity of 2 895 tonnes for the 2002/2003 marketing year, in husked rice equivalent, for products of CN code 1006, increased by 15 % for each of the following marketing years. Those quantities should be fixed for the coming marketing years on those bases.

(4)

In the interests of sound administration of those quotas, operators should be permitted to submit licence applications in the first seven days of the marketing year starting on 1 September and, if there are any remaining quantities, it should be possible to submit new applications in the first seven days of February. For the same reason the specific rules which apply to the drawing up of licence applications, their issue, their period of validity and the notification of information to the Commission should be laid down in this Regulation, as well as suitable administrative measures to ensure that the volume of the quota fixed is not exceeded. In any event, under Regulation (EC) No 1301/2006 licences are valid only up to and including the last day of the tariff quota period. Moreover, in order to improve controls on the quota, the security should be fixed at a level commensurate with the risks involved.

(5)

The rules on the proof of origin set out in Articles 67 to 97 of 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) define the concept of originating products to be used for the purposes of generalised tariff preferences. Provision should be made for the application of those rules.

(6)

These measures should be applied from the start of the next marketing year, 1 September 2007.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

(a)

no later than the second working day following the final day for the submission of licence applications, by 18.00 (Brussels time), the information on the import licence applications referred to in Article 11(1)(a) of Regulation (EC) No 1301/2006, with a breakdown by eight-digit CN code and by country of origin of the total quantities (in product weight) covered by those applications;

(b)

no later than the second working day following the issue of the import licences, information on the licences issued, as referred to in Article 11(1)(b) of Regulation (EC) No 1301/2006, with a breakdown by eight-digit CN code and by country of origin of the total quantities (in product weight) for which import licences have been issued and the quantities for which licence applications have been withdrawn in accordance with the second subparagraph of Article 2(5);

(c)

no later than the last day of each month, the total quantities (in product weight) actually released for free circulation under this quota during the previous month but one, broken down by eight-digit CN code. If no quantities have been released for free circulation during one of these months, a ‘nil’ notification shall be sent. However, this notification shall no longer be required in the third month following the final day of validity of the licences.