Commission Regulation (EC) No 1818/2006

of 11 December 2006

on the implementation of the management system of the quantitative ceiling of potassium chloride in relation to the anti-dumping measures applicable on imports of potassium chloride originating in Belarus

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community [1] (the basic Regulation),

Having regard to Council Regulation (EC) No 1050/2006 imposing a definitive anti-dumping duty on imports of potassium chloride originating in Belarus and Russia [2], and in particular Article 2(1) thereof,

After consulting the Advisory Committee,

Whereas:

(1) By Regulation (EC) No 1050/2006, the Council imposed anti-dumping measures on imports of potassium chloride originating, inter alia, in Belarus. In view of the special market conditions prevailing on the potassium chloride market, it was considered appropriate to impose measures in the form of a minimum import price (MIP) for product types falling under CN codes 31042050 and 31042090 (TARIC codes 3104205010, 3104205090 and 3104209000), up to a quantitative ceiling, beyond which an ad valorem duty of 27,5 % should apply (product concerned).

(2) The Council, in Regulation (EC) No 1050/2006 of 11 July 2006, acknowledged that the introduction of a quantitative ceiling requires a management system which could not be put in place prior to the entry into force of that Regulation. Therefore, the Council in Article 2(1) of Regulation (EC) No 1050/2006 empowered the Commission to set out by a Regulation the modalities for implementing the management system of the quantitative ceiling as soon as it was technically possible.

(3) The effective management of the quantitative ceiling calls for the introduction of a requirement for a Community import authorisation for the release for free circulation in the Community of the product concerned until the quantitative ceiling is exhausted. In order to minimise interference in the market and to provide fair access to the quantitative ceiling to all economic operators it is considered appropriate to issue the import authorisation in a chronological order in which the notifications of Member States are received.

(4) In order to ensure that the quantitative ceiling is not exceeded, it is necessary to establish a procedure whereby the competent authorities of Member States do not issue import authorisations before obtaining confirmation from the Commission that appropriate amounts remain available within the quantitative ceiling.

(5) In order to combat speculative or artificial practices in relation to issue of import authorisation, it is considered appropriate to limit individual applications to the amount stated in the relevant contract entered into between the importer and exporter; as well as to limit the validity of the import authorisations to three months. In this context, the Commission also recalls that Article 5(3) of Council Regulation (EEC) No 2913/92 [3] provides that save in exceptional circumstances, the customs representative designated by the importer must be established within the Community. Moreover, for the same purpose (i.e. to combat speculative and artificial practices) it is considered appropriate to define the exporter, as an economic operator having its registered office, central headquarters or a permanent business establishment in Belarus.

(6) The use of computerised procedures is gradually replacing the manual input of data in different areas of administrative activity. It should therefore also be possible to use computerised and electronic procedures when applying for import authorisation as well as for the issue of such import authorisations.

(7) In the interest of good administration the Commission considers it appropriate to provide sufficient time for the Member States for the implementation of the management system for the quantitative ceiling established by this Regulation, as well as for the economic operators to become accustomed to the new system of import authorisations. Therefore it is considered appropriate that the regulation enters into force on 1 January 2007,

HAS ADOPTED THIS REGULATION:

General provisions

Article 1

1. This Regulation lays down detailed rules for the management system of the quantitative ceiling of potassium chloride originating in Belarus, as provided for in Article 2(1) of Regulation (EC) No 1050/2006.

2. All products released for free circulation under the quantitative ceiling referred to in paragraph (1) shall be subject to the presentation of an import authorisation issued in accordance with the Articles below.

Article 2

For the purpose of this Regulation:

1. "contract" means the contract agreed and signed between the exporter and importer;

2. "exporter" means an economic operator having its registered office, central headquarters or a permanent business establishment in Belarus;

3. "import authorisation" means the import authorisation which is issued by the national authorities for the release for free circulation of the product concerned in the Community in accordance with this Regulation;

4. "importer" means any economic operator, which carries out itself, or through a representative acting on its behalf, the formalities for the release for free circulation of the product concerned;

5. "national authorities" means the national authorities of the Member States competent to issue the import authorisation in accordance with this Regulation, as listed in Annex I;

6. "product concerned" means potassium chloride originating in Belarus, falling under CN codes 31042050 and 31042090 (TARIC codes 3104205010, 3104205090 and 3104209000).

Modalities applicable to the management of the quantitative ceiling

Article 3

1. Only importers may lodge a request or declaration for import authorisations. Such request or declaration may be lodged with the national authorities, as listed in Annex I, in each of the Member States. The quantities requested in individual applications cannot exceed the quantities agreed for in the corresponding contract.

2. The declaration or request made by the importer in order to obtain the import authorisation shall contain at least the information listed in Annex II.

3. The importer shall present the original of the contract at the time when the request or declaration for the import authorisation is submitted to the national authorities.

4. The national authorities shall refuse declarations or requests for import authorisations that are not lodged in accordance with this Regulation.

Article 4

1. In order to ensure that quantities for which import authorisations are issued do not exceed at any moment the total quantitative ceiling for the product concerned, the national authorities shall issue import authorisations only upon confirmation by the Commission that there are still quantities available within the quantitative ceiling for the product concerned.

2. The authorised imports shall be counted against the quantitative ceiling laid down for the year in which the request for import authorisation was submitted to the national authorities.

3. For the purpose of applying paragraph 1, before issuing import authorisations, the national authorities shall notify the Commission of the amounts of the requests for import authorisations, supported by the contract, which they have received. By return, the Commission shall notify whether the requested amount(s) of quantities are available for release for free circulation in the chronological order in which notifications of the national authorities are received (first come first served).

4. The requests included in the notifications to the Commission shall be valid if they establish clearly in each case the exporting country, the applicable TARIC code, the quantities to be imported, the number of the contract, the CIF or DAF (as applicable and as defined in Incoterms 2000) value of the product concerned at Community frontier by TARIC code and the applicable year of the quantitative ceiling.

5. The notifications referred to in paragraphs 3 to 4 shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.

Article 5

1. To the extent that the Commission, pursuant to Article 4, has confirmed that the amount requested is available within the quantitative ceiling, the national authorities shall issue an import authorisation within a maximum of ten working days from the presentation by the importer of the original corresponding contract. Import authorisations shall be issued by the national authorities of any Member State irrespective of the Member State indicated as destination in the contract to the extent that the Commission has confirmed the availability of the amount within the quantitative ceiling.

2. Import authorisations shall be drawn up in accordance with the model set out in Annex III.

3. The validity of import authorisations issued by the national authorities shall be valid for three months. If a request or declaration for import authorisation is submitted after 1 October of a given year, the validity of the import authorisation issued on the basis of such declaration or request shall not exceed 31 December of the same year.

4. The quantities for which the import authorisation is issued shall not exceed the quantity indicated in the contract on the basis of which the import authorisation is issued.

5. Importers shall not be obliged to import the total quantity covered by an import authorisation in one single consignment.

6. Obligations and rights deriving from import authorisations or extracts shall not be transferable.

7. The import authorisations may be issued by electronic means as long as the customs offices involved have access to the import authorisation via a computer network.

8. Importers shall return the expired import authorisations to the issuing national authorities within 10 working days after the date of their expiry. Importers shall not apply for a new import authorisation as long as 85 % of the quantity of the valid import authorisation has not been imported.

Article 6

Import authorisations shall be issued by national authorities in accordance with Article 4 without discrimination to any importer in the Community wherever the place of his establishment may be in the Community.

Article 7

1. The national authorities shall notify the Commission immediately after being informed of any quantity that is not used during the duration of validity of the import authorisation. Such quantities shall automatically be transferred into the unused quantities of the quantitative ceiling as soon as possible.

2. National authorities shall notify the Commission of any cancellation of import authorisation or any equivalent documents already issued, in case where the corresponding contract has been terminated by either the exporter or the importer. However, if the Commission or the national authorities have been informed by the importer of the termination of the contract after some quantities of the product concerned agreed in the contract have been imported into the Community, the quantities in question shall be counted against the quantitative ceiling for the year in which the declaration or request for the import authorisation was submitted to the national authorities.

Article 8

If the Commission finds that the total quantities of the product concerned covered by the contracts in any year reaches the quantitative ceiling, the national authorities shall be informed immediately in order to suspend the further issue of import authorisations.

Community import authorisation ‘�common form

Article 9

1. The forms to be used by the national authorities for issuing the import authorisations referred to in Articles 4 to 7 shall conform to the model of the import authorisation set out in Annex III.

2. Import authorisation forms and extracts thereof shall be drawn up in duplicate, one copy, marked "Holder's copy" and bearing the number 1 to be issued to the applicant, and the other, marked "Copy for the issuing authority" and bearing the No 2, to be kept by the authority issuing the import authorisations. For administrative purposes the national authorities may add additional copies to form 2.

3. Forms shall be printed on white paper free of mechanical pulp, dressed for writing and weighing between 55 and 65 g/m2. Their size shall be 210 × 297 mm; the type space between the lines shall be 4,24 mm (one sixth of an inch); the layout of the forms shall be followed precisely. Both sides of copy No 1, which is the import authorisation itself, shall in addition have a red printed guilloche-pattern background making any falsification by mechanical or chemical means apparent to the eye.

4. Member States shall be responsible for having the forms printed. The forms may also be printed by printers appointed by the Member State in which they are established. In the latter case, reference to the appointment by the Member State must appear on each form. Each form shall bear the printer's name and address or a mark enabling the printer to be identified.

5. At the time of their issue the import authorisations or extracts shall be given an issue number determined by the national authority. The import authorisation number shall be notified to the Commission electronically within the integrated network set up under Article 4.

6. Import authorisations and extracts shall be completed in the official language, or one of the official languages, of the Member State of issue.

7. The marks of the issuing national authorities and the customs offices or competent administrative authorities shall be applied by means of a stamp. However, an embossing press combined with letters or figures obtained by means of perforation, or printing on the import authorisation may be substituted for the issuing national authority's stamp. The issuing national authorities shall use any tamper-proof method to record the quantity allocated in such a way as to make it impossible to insert figures or references.

8. The reverse of copy No 1 and copy No 2 shall bear a box in which quantities may be entered, either by the customs authorities when import formalities are completed, or by the competent administrative authorities when an extract is issued. If the space set aside for debits on an import authorisation or extract thereof is insufficient, the competent authorities of Member States may attach one or more extension pages bearing boxes matching those on the reverse of copy No 1 and copy No 2 of the import authorisation or extract. The competent authorities of Member States shall place their stamp so that one half is on the import authorisation or extract thereof and the other half is on the extension page. If there is more than one extension page, a further stamp shall be placed in like manner across each page and the preceding page.

9. The competent authorities of the Member States concerned may, where indispensable, require the contents of import authorisations or extracts to be translated into the official language or one of the official languages of that Member State.

10. Import authorisations or extract thereof issued, entries and endorsements made by the authorities of a Member State shall have the same legal effects in each of the other Member States as import authorisations or extracts issued, entries and endorsements made by the competent authorities of these Member States. Import authorisations or extracts issued in accordance with this Regulation shall be valid throughout the customs territory of the European Community.

Article 10

This Regulation shall enter into force on the 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 December 2006.

For the Commission

Peter Mandelson

Member of the Commission

[1] OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

[2] OJ L 191, 12.7.2006, p. 1.

[3] OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 13).

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ANNEX I

LIST OF NATIONAL AUTHORITIES OF THE MEMBER STATES

BELGIQUE/BELGI脣

Service public fédéral économie, PME, classes moyennes et énergie

Administration du potentiel économique

Service licences ‘�Licences

Rue de Louvain 44

B-1000 Bruxelles

Fax (32-2) 548 65 56

e-mail:

website:

Federale Overheidsdienst Economie, kmo, Middenstand en Energie

Bestuur Economisch Potentieel

Dienst Vergunningen

Leuvenseweg 44

B-1000 Brussel

Fax: (32-2) 548 65 56

e-mail:

website:

膶ESK脕 REPUBLIKA

Ministerstvo pr暖myslu a obchodu

Licen膷n铆 spr谩va

Na Franti拧ku 32

CZ-110 15 Praha 1

Fax: (420) 224 21 21 33

e-mail:

website:

EESTI

Majandus- ja Kommunikatsiooniministeerium

Harju 11

EE-15072 Tallinn

Fax: + 372 6313 660

e-mail:

website:

螘螞螞螒螖螒

违蟺慰蠀蟻纬蔚委慰 螣喂魏慰谓慰渭委伪蟼 & 螣喂魏慰谓慰渭喂魏蠋谓

螖喂蔚蠉胃蠀谓蟽畏 螝伪胃蔚蟽蟿蠋蟿蠅谓 螘喂蟽伪纬蠅纬蠋谓-螘尉伪纬蠅纬蠋谓, 螘渭蟺慰蟻喂魏萎蟼 螁渭蠀谓伪蟼

螝慰蟻谓维蟻慰蠀 1

GR-105 63 螒胃萎谓伪

桅伪尉: (30) 210-328 60 94

螖喂蔚蠉胃蠀谓蟽畏 畏位. 蟿伪蠂.:

螖喂魏蟿蠀伪魏蠈蟼 蟿蠈蟺慰蟼:

ESPA脩A

Ministerio de Industria, Turismo y Comercio

Secretar铆a General de Comercio Exterior

Subdirecci贸n General de Comercio Exterior de Productos Industriales

Paseo de la Castellana 162

E-28046 Madrid

Fax (34) 913 49 38 31

Correo electr贸nico:

Sitio web:

DANMARK

脴konomi- og Erhvervsministeriet

Erhvervs- og Byggestyrelsen

Lange Linie Allé 17

DK-2100 K酶benhavn 脴

Fax: + 45-35 46 60 00

e-mail:

website: www.ebst.dk

DEUTSCHLAND

Bundesamt f眉r Wirtschaft und Ausfuhrkontrolle

(BAFA)

Frankfurter Stra脽e 29‘�5

D-65760 Eschborn 1

Fax: (49-61) 969 42 26

e-mail:

website:

ITALIA

Ministero del Commercio internazionale

Direzione generale per la Politica commerciale

Viale America 341

I-00144 Roma

Fax (39-06) 59 93 26 36

E-mail: polcom3@mincomes.it

Website: www.mincomes.it

FRANCE

Ministère de l'économie, des finances et de l'industrie

Direction générale des entreprises

Sous-direction des biens de consommation

Bureau Textile-Importations

Le Bervil

12, rue Villiot

F-75572 Paris Cedex 12

Fax (33) 153 44 91 81

e-mail:

website:

IRELAND

Department of Enterprise, Trade and Employment

Import/Export Licensing, Block C

Earlsfort Centre

Hatch Street

Dublin 2

Ireland

Fax (353-1) 631 25 62

E-mail:

Website: www.entemp.ie

脰STERREICH

Bundesministerium f眉r Wirtschaft und Arbeit

Au脽enwirtschaftsadministration

Abteilung C2/2

Stubenring 1

A-1011 Wien

Fax: (43-1) 711 00-83 86

e-mail:

website:

KY螤巍螣危

违蟺慰蠀蟻纬蔚委慰 螘渭蟺慰蟻委慰蠀, 螔喂慰渭畏蠂伪谓委伪蟼 魏伪喂 韦慰蠀蟻喂蟽渭慰蠉

违蟺畏蟻蔚蟽委伪 螘渭蟺慰蟻委慰蠀

螠慰谓维未伪 螆魏未慰蟽畏蟼 螒未蔚喂蠋谓 螘喂蟽伪纬蠅纬萎蟼/螘尉伪纬蠅纬萎蟼

螣未蠈蟼 螒谓未蟻苇伪 螒蟻伪慰蠉味慰蠀 伪蟻. 6

CY-1421 螞蔚蠀魏蠅蟽委伪

桅伪尉: (357) 22-37 51 20

螖喂蔚蠉胃蠀谓蟽畏 畏位. 蟿伪蠂.:

螖喂魏蟿蠀伪魏蠈蟼 蟿蠈蟺慰蟼:

LATVIJA

Latvijas Republikas Ekonomikas ministrija

Br墨v墨bas iela 55

LV-1519 R墨ga

Fax: + 371-728 08 82

E-mail: licencesana@em.gov.lv

Website: www.em.gov.lv

LIETUVA

Lietuvos Respublikos 奴kio ministerija

Prekybos departamentas

Gedimino pr. 38/2

LT-01104 Vilnius

Faksas (370-5) 26 23 974

E. pa拧tas: j.vaigauskiene@ukmin.lt,

j.gutkauskiene@ukmin.lt

tinklalapis: www.ukmin.lt

POLSKA

Ministerstwo Gospodarki

Plac Trzech Krzy偶y 3/5

PL-00-507 Warszawa

Fax: + 48-22-693 40 21

e-mail:

website:

PORTUGAL

Ministério das Finanças

Direcç茫o-Geral das Alf芒ndegas e dos Impostos

Especiais sobre o Consumo

Rua Terreiro do Trigo, Edif铆cio da Alf芒ndega de

Lisboa

PT-1140-060 Lisboa

Fax: (351) 21 881 42 61

E-mail:

S铆tio web:

SLOVENIJA

Ministrstvo za finance

Carinska uprava Republike Slovenije

Carinski urad Jesenice

Center za TARIC in kvote

Spodnji Plav啪 6c

SI-4270 Jesenice

Faks: (386-4) 297 44 72

E-po拧ta: taric.cuje@gov.si

Spleti拧膷e: http://www.carina.gov.si

LUXEMBOURG

Ministère des affaires étrangères

Office des licences

BP 113

L-2011 Luxembourg

Fax (352) 46 61 38

e-mail: office.licences@mae.etat.lu

website: www.eco.public.lu/attributions/office_licences/index.html

MAGYARORSZ脕G

Magyar Kereskedelmi Engedélyezési Hivatal

Margit krt. 85.

H-1024 Budapest

Fax: (36-1) 336 73 02

E-mail:

Website:

MALTA

Divi偶joni g魔all -Kummer膵

Servizzi Kummer膵jali

Lascaris

MT-Valletta CMR02

Fax: + 356-25-69 02 99

e-mail:

website:

SLOVENSK脕 REPUBLIKA

Ministerstvo hospod谩rstva SR

Odbor licenci铆

Mierov谩 19

827 15 Bratislava 212

Slovensk谩 republika

Fax: + 421-2-43 42 39 19

e-mail:

internetov谩 str谩nka:

SUOMI

Tullihallitus

PL 512

FI-00101 Helsinki

Fax: (358-20) 492 28 52

e-mail:

website:

SVERIGE

Statens jordbruksverk

SE-551 82 J枚nk枚ping

Fax (46-36) 19 05 46

e-post: jordbruksverket@sjv.se

webbsida: http://www.sjv.se

NEDERLAND

Belastingdienst/Douane centrale dienst voor in- en uitvoer

Postbus 30003, Engelse Kamp 2

NL-9700 RD Groningen

Fax: (31-50) 523 23 41

e-mail:

website:

ROM脗NIA

Ministerul Economiei 葯i Comer葲ului

Direc葲ia General膬 Politici Comerciale

Str. Ion C芒mpineanu nr. 16

Bucure葯ti, sector 1

Cod po葯tal: 010036

Fax: +40 21 315 04 54

e-mail: clc@dce.gov.ro

website: www.dce.gov.ro

UNITED KINGDOM

Department of Trade and Industry

Import Licensing Branch

Queensway House ‘�West Precinct

Billingham

TS23 2NF

United Kingdom

Fax (44-1642) 36 42 69

E-mail:

Website:

袘歇袥袚袗袪袠携

袛懈褉械泻褑懈褟 "袪械谐懈褋褌褉懈褉邪薪械, 谢懈褑械薪蟹懈褉邪薪械 懈 泻芯薪褌褉芯谢"

袦懈薪懈褋褌械褉褋褌胁芯 薪邪 懈泻芯薪芯屑懈泻邪褌邪 懈 械薪械褉谐械褌懈泻邪褌邪

褍谢. "小谢邪胁褟薪褋泻邪" 8

1052 小芯褎懈褟

Fax: | +359 2 981 50 41; +359 2 980 4710; +359 2 988 3654 |

website: www.mee.government.bg

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ANNEX II

The declaration or request made by the importer in order to obtain an import authorisation shall contain:

1. Exporter (name and full address, telephone/fax number, e-mail address);

2. Importer (name and full address, telephone/fax number, e-mail address and VAT number);

3. The exact description of the goods and the TARIC code(s);

4. Country of origin of the goods;

5. Country of consignment;

6. Quantity requested in tonnes;

7. The CIF or DAF (as applicable and as defined in Incoterms 2000) value of the product concerned at Community frontier by TARIC heading;

8. Date and number of the contract;

9. Place and date and signature of the applicant;

10. The following signed declaration: "I, the undersigned, declare that all information presented in this request is true, correct and in conformity with the requirements of Commission Regulation (EC) No 1818/2006."

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ANNEX III

+++++ TIFF +++++

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+++++ TIFF +++++

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