2003R2305 — EN — 01.05.2004 — 001.001 — 1
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►B COMMISSION REGULATION (EC) No 2305/2003
of 29 December 2003
opening and providing for the administration of a Community tariff quota for imports of barley
from third countries
(OJ L 342, 30.12.2003, p. 7)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 777/2004 of 26 April 2004 L 123 50 27.4.2004
▼B
COMMISSION REGULATION (EC) No 2305/2003
of 29 December 2003
opening and providing for the administration of a Community
tariff quota for imports of barley from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June
1992 on the common organisation of the market in cereals (1), and in
particular Article 12(1) thereof,
Whereas:
(1) Following trade negotiations which resulted in the conclusion of
agreements in the form of an Exchange of Letters with Canadaand the United States of America, approved respectively by
Council Decisions 2003/253/EC (
2) and 2003/254/EC (3), the
Community changed the conditions for the import of commonwheat of low and medium quality and of barley by creatingimport quotas from 1 January 2003. For barley, the Communitydecided to replace the system of preference margins by two tariffquotas, one for malting barley and one for barley, under
Commission Regulation (EC) No 2376/2002 (
4).
(2) Regulation (EC) No 2376/2002 opens a tariff quota of 300 000
tonnes for imports of barley falling within CN code 1003 00from third countries and derogates from Regulation (EC) No1766/92. Following the amendment of Article 10(2) of Regula-
tion (EC) No 1766/92 by Regulation (EC) No 1104/2003 with
regard to the calculation of import duties on certain cereals,that tariff quota has become definitive. As a result, Regulation(EC) No 2376/2002 may no longer provide for a derogation.For the sake of clarity and transparency, therefore, that Regula-tion should be repealed and replaced by a new Regulation.
(3) On 1 May 2004 the Czech Republic, Estonia, Cyprus, Latvia,Lithuania, Hungary, Malta, Poland, Slovenia and Slovakiabecome Member States of the European Union. Since the tariffquota for the import of 300 000 tonnes of barley is an annualquota awarded weekly from 1 January 2004, it is possible that
it will be exhausted or largely used up on the scheduled acces-
sion date. For 2004 only, therefore, specific provisions should belaid down to enable the new Member States to make use of thesequotas.
(4) To ensure that imports of the barley covered by this tariff quota
are orderly and not speculative, they should be made subject to
the issue of import licences. These licences will be issued,within the quantities set, at the request of the interested parties,subject, where appropriate, to the fixing of a reduction coeffi-cient in respect of the quantities applied for.
(5) To ensure the proper management of this quota, deadlines shouldbe laid down for the lodging of licence applications and theinformation to be included in applications and licences shouldbe specified.
(6) To take account of supply conditions, a derogation should be
made concerning the period of validity of the licences.
(7) With a view to the sound management of the quota, a derogation
should be made from Commission Regulation (EC) No 1291/2003R2305 — EN — 01.05.2004 — 001.001 — 2
(1) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC)
No 1104/2003 (OJ L 158, 27.6.2003, p. 1).
(2) OJ L 95, 11.4.2003, p. 36.
(3) OJ L 95, 11.4.2003, p. 40.
(4) OJ L 358, 31.12.2002, p. 92. Regulation as last amended by Regulation
(EC) No 1113/2003 (OJ L 158, 27.6.2003, p. 24).
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2000 of 9 June 2000 laying down common detailed rules for the
application of the system of import and export licences andadvance fixing certificates for agricultural products (
1) as regards
the transferable nature of the licences and the tolerance relating
to the quantities released into free circulation.
(8) The security on the import licences should also be set at a rela-
tively high level, by derogation from Article 12 of Commission
Regulation (EC) No 1342/2003 of 28 July 2003 laying downspecial detailed rules for the application of the system of importand export licences for cereals and rice (
2).
(9) Rapid two-way communication should be established betweenthe Commission and the Member States regarding the quantitiesapplied for and imported.
(10) The Management Committee for Cereals has not issued anopinion by the time limit laid down by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. A tariff import quota is hereby opened for 300 000 tonnes of
barley falling within CN code 1003 00.
2. The tariff quota shall be opened on 1 January each year. Duties
on imports within the tariff quota shall be levied at a rate of EUR 16
per tonne.
Article 10(1) of Regulation (EEC) No 1766/92 shall apply to imports
of the products referred to in this Regulation in excess of the quantityprovided for in paragraph 1 of this Article.
For 2004, the second subparagraph shall apply to imports in excess of
the quantities provided for in paragraph 3 of this Article in the periodconcerned.
3. For 2004, the annual quota is divided into two tranches for the
following periods:
(a) tranche 1: 1 January to 30 April 2004 — 100 000 tonnes;
(b) tranche 2: 1 May to 31 December 2004 — 200 000 tonnes.
Unused quantities from tranche 1 will automatically be allocated to
tranche 2.
Article 2
All imports under the quota referred to in Article 1(1) shall be condi-
tional upon the production of an import licence issued in accordance
with Regulation (EC) No 1291/2000, subject to the provisions of thisRegulation.
Article 3
1. Applications for import licences shall be lodged with the compe-
tent authorities of the Member States no later than 13.00 (Brusselstime) every Monday.
Each licence application must be for a quantity that may not exceed the
quantity available for each subquota for the import of the relevant
product in the period concerned. Applicants may submit one licenceapplication only in the Member State concerned.
For 2004, the quantity referred to in the second subparagraph may not
exceed the quantity available for the import of the product concernedin the period concerned.2003R2305 — EN — 01.05.2004 — 001.001 — 3
(1) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC)
No 325/2003 (OJ L 47, 21.2.2003, p. 21).
(2) OJ L 189, 29.7.2003, p. 12.
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2. No later than 18.00 Brussels time on the day of lodging of licence
applications, the competent authorities shall forward to the Commissionby fax a notification in accordance with the model annexed hereto, and
the total quantity resulting from the sum of all quantities indicated on
the import licence applications. Such notifications shall be made evenwhen no applications have been submitted in a Member State. Thatinformation must be communicated separately from the informationon other import licence applications for cereals.
If the Member State does not send the Commission notification of
applications within the given deadlines, the Commission shall considerthat no applications have been submitted in the Member Stateconcerned.
3. If the total of the quantities granted since the start of the year and
the quantity referred to in paragraph 2 exceeds the quota for the yearconcerned, the Commission shall set, no later than the third workingday after the applications are lodged, a single reduction coefficient tobe applied to the quantities requested.
For 2004, the single reduction coefficients referred to in the first
subparagraph shall be set if the total of the quantities granted sincethe start of the period and the quantities referred to in paragraph 2exceeds the quota for the period concerned.
4. Without prejudice to paragraph 3, licences shall be issued on the
fourth working day following the day on which the application waslodged. No later than 18.00 Brussels time on the day the licences areissued the competent authorities shall fax the Commission, at thenumber mentioned in the Annex hereto, the total quantity resulting
from the sum of the quantities for which import licences have been
issued that same day.
Article 4
Import licences shall be valid for 45 days from the day of issue. In
accordance with Article 23(2) of Regulation (EC) No 1291/2000, the
period of validity of the licence shall be calculated from the actualdate of issue.
Article 5
By derogation from Article 9 of Regulation (EC) No 1291/2000, rights
deriving from the import licence shall not be transferable.
Article 6
By derogation from Article 8(4) of Regulation (EC) No 1291/2000, the
quantity released into free circulation may not exceed that indicated in
boxes 17 and 18 of the import licence. To that end, the figure ‘0’ shall
be entered in box 19 of the licence.
Article 7
The import licence application and the import licence shall contain the
following information:
(a) in box 20, one of the following entries:
— Reglamento (CE) n
o2305/2003
—N a řízení (ES) č. 2305/2003
— Forordning (EF) nr. 2305/2003
— Verordnung (EG) Nr. 2305/2003
— Määrus (EÜ) nr 2305/2003—K ανονισµός ( EK) αριθ. 2305 /2003
— Regulation (EC) No 2305/2003— Règlement (CE) n
o2305/2003
— 2305/2003/EK rendelet— Regolamento (CE) n. 2305/20032003R2305 — EN — 01.05.2004 — 001.001 — 4
▼M1
▼M1
— Reglamentas (EB) Nr. 2305/2003
— Regula (EK) Nr. 2305/2003— Regolament (KE) Nru 2305/2003— Verordening (EG) nr. 2305/2003
— Rozporz ądzenie (WE) nr 2305/2003
— Regulamento (CE) n.
o2305/2003
— Nariadenie (ES) č. 2305/2003
— Uredba (ES) št. 2305/2003
— Asetus (EY) N:o 2305/2003
— Förordning (EG) nr 2305/2003
(b) in box 24, the words ‘EUR 16/tonne’.
Article 8
By derogation from Article 12(a) and (b) of Regulation (EC) No 1342/
2003, the security for the import licences provided for in this Regula-tion shall be EUR 30 per tonne.
Article 9
Regulation (EC) No 2376/2002 is hereby repealed.
Article 10
This Regulation shall enter into force on the day of its publication in
the Official Journal of the European Union .
It shall apply from 1 January 2004.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2003R2305 — EN — 01.05.2004 — 001.001 — 5
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▼B
ANNEX
2003R2305 — EN — 01.05.2004 — 001.001 — 6