2002R1447 — EN — 10.08.2002 — 000.001 — 1
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►B COMMISSIONREGULATION(EC)No1447/2002
of8August2002
laying down detailed rules for applying Council Regulation (EC) No 1408/2002 as regards the
concessions in the form of Community tariff quotas on certain cereal products originating in
Hungary
(OJ L 213, 9.8.2002, p. 8)
Corrected by:
►C1Corrigendum, OJ L 234, 31.8.2002, p. 56 (1447/2002)
▼B
COMMISSIONREGULATION(EC)No1447/2002
of8August2002
laying down detailed rules for applying Council Regulation (EC)
No1408/2002asregardstheconcessionsintheformofCommunity
tariff quotasoncertain cereal productsoriginatinginHungary
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1408/2002 of 29 July
2002 establishing certain concessions in the form of Community tariffquotas for certain agricultural products and providing for an adjust-ment, as an autonomous and transitional measure, of certain
agricultural concessions provided for in the Europe Agreement with
Hungary(
1), and in particular Article 1(3) thereof,
Whereas:
(1)In accordance withRegulation (EC) No 1408/2002, th e Commu-
nity has established for each marketing year, import tariff quotasat a zero rate of duty for 600000 tonnes of wheat and meslin,wheat or meslin flours, durum wheat groats and meal, common
wheat groats and meal and wheat pellets, and 450000 tonnes of
maize (corn), maize (corn) seed, maize (corn) flour, maize groatsand meal and maize pellets.
(2)To ensure that imports of the cereal products covered by thesetariff quotas are orderly and not speculative, they should bemade subject to the issue of import licences. The licences willbe issued, within the quantities set, at the request of the inter-
ested parties, subject, where appropriate, to the fixing of a
reduction coefficient in respect of the quantities applied for.
(3)To ensure the proper management of these quotas, deadlines for
the lodging of licence applications should be laid down and the
information to be included in the applications and licencesshould be specified.
(4)To take account of delivery conditions, the import licencesshould be valid from the day of their issue until the end of themonth following that in which they are issued.
(5)With a view to the sound management of the quotas, provisionshould be made to derogate from 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 agriculturalproducts(
2), as last amended by Regulation (EC) No 2299/
2001(3), as regards the transferable nature of the licences and
the tolerance relating to the quantities released into free circula-tion.
(6)To ensure sound management of the quotas, the security on theimport licences should be set at a relatively high level, notwith-
standing Article 10 of Commission Regulation (EC) No 1162/95
of 23 May 1995 laying down special detailed rules for the appli-cation of the system of import and export licences for cerealsand rice(
4), as last amended by Regulation (EC) No 1322/
2002(5).
(7)Rapid two-way communication must be established between theCommission and the Member States regarding the quantitiesapplied for and imported.2002R1447 — EN — 10.08.2002 — 000.001 — 2
(1) OJ L 205, 2.8.2002, p. 9.
(2) OJ L 152, 24.6.2000, p. 1.
(3) OJ L 308, 27.11.2001, p. 19.
(4) OJ L 117, 24.5.1995, p. 2.
(5) OJ L 194, 23.7.2002, p. 22.
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(8)As Council Regulation (EC) No 1727/2000 has been replaced by
Regulation (EC) No 1408/2002, Commission Regulation (EC)
No 2511/2000(1) laying down the detailed rules for the applica-
tion of Regulation (EC) No 1727/2000 should be repealed.
(9)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. Imports of wheat and meslin falling within CN code 1001, of
wheat or meslin flours falling within CN code 1101, of groats and
meal of durum wheat falling within CN code 1103 11 10, of common
wheat groats and spelt falling within CN code 1103 11 90 and of wheatpellets falling within CN code 1103 2060 originating in Hungary andbenefiting from a zero rate of import duty under the tariff quotabearing the serial number 09.4779, in accordance with Regulation
(EC) No 1408/2002, shall be subject to an import licence issued in
accordance withth is Regulation.
2. Imports of maize (corn) seed falling within CN code 1005 1090,
of maize falling within CN code 1005 9000, of maize (corn) flourfalling within CN code 1102 20, of groats and meal of maize (corn)falling within CN code 1103 13 and of maize pellets falling within
CN code 110320 40 originating in Hungary and benefiting from a
zero rate of import duty under the tariff quota bearing the serialnumber 09.4780, in accordance withRegulation (EC) No 1408/2002,shall be subject to an import licence issued in accordance with thisRegulation.
3. The products referred to in paragraphs 1 and 2 shall be released
into free circulation upon presentation of one of the following docu-ments:
(a) an EUR.1 movement certificate issued by Hungary in accordance
with Protocol 4 of the Europe Agreement between the Communityand Hungary(
2);
(b) an invoice declaration on the invoice provided by the exporter in
accordance withth at Protocol.
Article 2
1. Applications for import licences shall be lodged with the compe-
tent authorities of the Member States no later than 13.00 Brussels timeon the second Monday of each month.
Eachlicence application must be for a quantity not exceeding th e quan-
tity available for the import of the relevant product in the marketingyear concerned.
2. No later than 18.00 Brussels time on the same day, the competent
authorities shall fax the Commission (number (32-2) 295 25 15), inaccordance with the model in Annex I hereto, the total quantityresulting from the sum of the quantities indicated on the import licenceapplications.
That information must be communicated separately from the informa-
tion on other import licence applications for cereals.
3. If the total of the quantities for each product concerned since the
start of the marketing year and the quantity referred to in paragraph 2exceeds the quota for the marketing year concerned, the Commission
shall set, no later than the third working day after the applications
were lodged, a single reduction coefficient to be applied to the quanti-ties requested.2002R1447 — EN — 10.08.2002 — 000.001 — 3
(1) OJ L 289, 16.11.2000, p. 18.
(2) OJ L 347, 31.12.1993, p. 2.
▼B
4. Without prejudice to paragraph 3, licences shall be issued on the
fifth working day following the day on which the application waslodged. No later than 18.00 Brussels time on the day the licences are
issued, the competent authorities shall fax the Commission the total
quantity resulting from the sum of the quantities for which importlicences were issued that same day.
Article 3
With a view to accounting for the quantities imported under the quotas
referred to in Article 1(1) and (2), the Commission shall apply theequivalence coefficients listed in Annex II hereto. The quantity oneach licence application for a given product shall be multiplied by the
coefficient for the product in question.
Article 4
In accordance withArticle 23(2) of Regulation (EC) No 1291/2000, th e
period of validity of the licence shall be calculated from the actual dateof issue.
Article 6(1) of Regulation (EC) No 1162/95 notwithstanding, import
licences shall be valid until the end of the month following the month
in which they were issued.
Article 5
Article 9 of Regulation (EC) No 1291/2000 notwithstanding, the rights
resulting from the import licences shall not be transferable.
Article 6
Article 8(4) of Regulation (EC) No 1291/2000 notwithstanding, the
quantity released into free circulation may not exceed that indicated insections 17 and 18 of the import licence. The figure ‘0’ shall beentered to that effect in section 19 of the licence.
Article 7
The import licence application and the import licence shall contain the
following information:
(a) in section 8, the name of the country of origin;
(b) in section 20 one of the following entries:
Reglamento (CE) n
o1408/2002
Forordning (EF) nr. 1408/2002Verordnung (EG) Nr. 1408/2002Κανονισµός ( EK) αριθ. 1408 /2002
Regulation (EC) No 1408/2002Règlement (CE) n
o1408/2002
Regolamento (CE) n. 1408/2002Verordening (EG) nr. 1408/2002Regulamento (CE) n.
o1408/2002
Asetus (EY) N:o 1408/2002
Förordning (EG) nr 1408/2002
(c) in section 24, the words ‘zero duty’.
Article 8
Article 10(a) and (b) of Regulation (EC) No 1162/95 notwithstanding,
the security for the import licences provided for in this Regulation shallbe EUR 30 per tonne.
Article 9
1. Regulation (EC) No 2511/2000 is hereby repealed.2002R1447 — EN — 10.08.2002 — 000.001 — 4
▼B
2. In accordance withArticle 2(2) of Regulation (EC) No 1408/
2002, the quantities of durum wheat and common wheat imported onor after 1 July 2002 under Regulation (EC) No 2511/2000 shall be
included when accounting for the quantities imported under quota No
09.4779.
Article 10
This Regulation shall enter into force on the day following its publica-
tion in the Official Journal of the European Communities .
Article 2(1) notwithstanding, the first import licence applications under
this Regulation shall be lodged on the first Monday following its entryinto force.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R1447 — EN — 10.08.2002 — 000.001 — 5
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ANNEX I
Modelofthenotificationreferred toinArticle2(2)
Import quotas for wheat and its derived products and maize and its derived products from the
Republic of Hungary opened by Regulation (EC) No 1408/2002
Quota Product CN codeQuantity
applied for
(tonnes)
Wheat and derived products
(09.4779)Durum wheat 10011000
Common wheat and meslin ►C11001 90◄
Wheat flour 11010011
110100159100
110100159130
110100159150
110100159170
110100159180
110100159190
Groats and meal of durum
wheat1103111092
1103111094
1103111099
Groats and meal of
common wheat1103119092
1103119098
Wheat pellets 11032060
Maize and derived products
(09.4780)Maize (corn) seed 10051090
Maize other than seed 10059000
Maize (corn) flour 1102201092
1102201094
1102209092
Maize groats and meal 1103131091
1103131093
1103131095
1103139091
Maize pellets 110320402002R1447 — EN — 10.08.2002 — 000.001 — 6
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ANNEX II
Equivalencecoefficients referred toinArticle 3
Import quotas for wheat and its derived products and maize and its derived products from the
Republic of Hungary opened by Regulation (EC) No 1408/2002
Quota Product CN code Coefficient
Wheat and derived products(09.4779)Durum wheat 10011000 1
Common wheat and meslin ►
C11001 90◄ 1
Wheat flour 11010011 1,37
110100159100 1,37
110100159130 1,28
110100159150 1,18
110100159170 1,09
110100159180 1,02110100159190 1
Groats and meal of durum
wheat1103111092 1,50
1103111094 1,34
1103111099 1,26
Groats and meal of
common wheat1103119092 1,37
1103119098 1,28
Wheat pellets 11032060 1,02
Maize and derived products
(09.4780)Maize (corn) seed 10051090 1
Maize other than seed 10059000 1Maize (corn) flour 1102201092 1,4
1102201094 1,2
1102209092 1,2
Maize groats and meal 1103131091 1,8
1103131093 1,4
1103131095 1,2
1103139091 1,2
Maize pellets 11032040 1,022002R1447 — EN — 10.08.2002 — 000.001 — 7