2002R2375 — EN — 30.06.2003 — 002.001 — 1
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►B COMMISSIONREGULATION(EC)No2375/2002
of27December 2002
openingandprovidingfortheadministrationofCommunitytariffquotasforcommonwheatofa
quality other than high quality from third countries and derogating from Council Regulation
(EEC)No1766/92
(OJ L 358, 31.12.2002, p. 88)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 531/2003 of 25 March2003 L 79 3 26.3.2003
►M2Commission Regulation (EC) No 1111/2003 of 26 June 2003 L 158 21 27.6.2003
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COMMISSIONREGULATION(EC)No2375/2002
of27December 2002
opening and providing for the administration of Community tariff
quotasforcommonwheatofaqualityotherthanhighqualityfromthird countries and derogating from Council Regulation (EEC) No
1766/92
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), as last
amended by Regulation (EC) No 1666/2000 (2), and in particular
Article 12(1) thereof,
Having regard to the Council Decision of 19 December 2002
concerning the conclusion of an Agreement in the form of an Exchangeof Letters between the European Community and the United States ofAmerica, witha view to th e modification of concessions withrespectto cereals provided for in schedule CXL annexed to the General Agree-
ment on Tariffs and Trade (GATT) (
3), and in particular Article 2
thereof,
Having regard to the Council Decision of 19 December 2002
concerning the conclusion of an Agreement in the form of an Exchangeof Letters between the European Community and Canada pursuant toArticle XXVIII of the General Agreement on Tariffs and Trade
(GATT), witha view to th e modification of concessions withrespect
to cereals provided for in EC schedule CXL annexed to the GATT (
3),
and in particular Article 2 thereof,
Whereas:
(1)Following trade negotiations, the Community has changed the
conditions for the import of common wheat of low and mediumquality, that is common wheat of a quality other than highquality, as defined in Annex I to Commission Regulation (EC)
No 1249/96 of 28 June 1996 (
4) on rules of application (cereal
sector import duties) for Council Regulation (EEC) No 1766/92, as last amended by Regulation (EC) No 1900/2002 (
5), by
creating an import quota from 1 January 2003.
(2)This import quota relates to a maximum annual quantity of2 981600 tonnes, including 572000 tonnes for imports origi-nating in the United States and 38000 tonnes for importsoriginating in Canada.
(3)The opening of this quota means that Regulation (EEC) No1766/92 has to be adapted. In order to enable the quota to beopened on 1 January 2003, provision should be made to derogate
from Regulation (EEC) No 1766/92 during a transitional period
expiring on the date of entry into force of the amendment to thatRegulation, but until 30 June 2003 at the latest.
(4)To ensure that imports of the common wheat covered by thesetariff quotas are orderly and not speculative, they should bemade subject to the issue of import licences. The licences areto be 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.
(5)To ensure the proper management of these quotas, deadlines for
the lodging of licence applications should be laid down and the2002R2375 — EN — 30.06.2003 — 002.001 — 2
(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) Not yet published in the Official Journal.
(4) OJ L 161, 29.6.1996, p. 125.
(5) OJ L 287, 25.10.2002, p. 15.
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information to be included in applications and licences should be
specified.
(6)To take account of supply conditions, a derogation should bemade concerning the period of validity of the licences.
(7)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 detailedrules for the application of the system of import and export
licences and advance fixing certificates for agricultural
products (
1), as last amended by Regulation (EC) No 2299/
2001(2), as regards the transferable nature of the licences and
the tolerance relating to the quantities released into free circula-tion.
(8)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 (
3), as last amended by Regulation (EC) No 1322/
2002(4).
(9)Rapid two-way communication should be established betweenthe Commission and the Member States regarding the quantitiesapplied for and imported.
(10)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Notwithstanding Article 10(1) and (2) of Regulation (EEC) No 1766/
92, the import duty for common wheat falling in CN code 1001 9099,
of a quality other than high quality as defined in Annex I to Regulation(EC) No 1249/96, shall be fixed in the framework of the quota openedby this Regulation.
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 quantities
provided for in Article 3.
Article 2
1. A tariff quota of 2 981600 tonnes of common wheat falling in
CN code 100190 99 of a quality other than high quality is herebyopened from 1 January 2003.
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 12
per tonne.
Article 3
1. The annual tariff quota shall be divided into three subquotas:
(a) Subquota I: 572 000 tonnes for the United States of America;
(b) Subquota II: 38000 tonnes for Canada;
(c) Subquota III: 2 371600 tonnes for other third countries.
2. Where, in the course of a year, it emerges that there is a serious
shortfall in the take-up of subquota I or II, the Commission may, withthe agreement of the third country concerned, adopt arrangements to2002R2375 — EN — 30.06.2003 — 002.001 — 3
(1) OJ L 152, 24.6.2000, p. 1.
(2) OJ L 308, 27.11.2001, p. 19.
(3) OJ L 117, 24.5.1995, p. 2.
(4) OJ L 194, 23.7.2002, p. 22.
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transfer the unused quantities to the other subquotas, in accordance
withth e procedure laid down in Article 23 of Regulation (EEC) No1766/92.
3. Subquota III shall be divided into four quarterly tranches of
592900 tonnes eachfor th e following periods:
(a) Tranche No 1 — 1 January to 31 March;
(b) Tranche No 2 — 1 April to 30 June;
(c) Tranche No 3 — 1 July to 30 September;
(d) Tranche No 4 — 1 October to 31 December.
4. Unused quantities in any tranche except tranche No 4, referred to
in subparagraph 3(d), shall be automatically allocated to the following
tranche. Where a tranche is exhausted, the Commission may anticipate
the opening of the following tranche in accordance with the procedurelaid down in Article 23 of Regulation (EC) No 1766/92.
Article 4
All imports under the quota referred to in Article 2(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 this
Regulation.
Article 5
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 under the subquota for the import of the productconcerned in the period concerned. Applicants may submit only one
licence application in the Member State concerned.
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 set out in the Annexand the total quantity resulting from the sum of all quantities indicatedon the import licence applications. Notifications shall be made even
where no applications have been lodged in a Member State. That infor-
mation must be communicated separately from the information onother import licence applications for cereals.
If Member States fail to send the notification of applications to the
Commission within the prescribed time limits, the Commission shall
consider that no applications were lodged in the Member State
concerned.
3. If the total of the quantities since the start of the period and the
quantity referred to in paragraph2 exceeds th e relevant subquota for
the period concerned, the Commission shall set, no later than the thirdworking day after the applications are lodged, single reduction coeffi-cients to be applied to the quantities requested.
4. Without prejudice to paragraph 3, licences shall be issued on the
fourth working day following the day on which the application was
lodged. 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 resultingfrom the sum of the quantities for which import licences have beenissued that same day.2002R2375 — EN — 30.06.2003 — 002.001 — 4
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Article 6
Import licences shall be valid for 45 days from the day of issue. In
accordance withArticle 23(2) of Regulation (EC) No 1291/2000, th e
period of validity of the licence shall be calculated from the actualdate of issue.
Article 7
Notwithstanding Article 9 of Regulation (EC) No 1291/2000, the rights
resulting from the import licences shall not be transferable.
Article 8
Notwithstanding Article 8(4) of Regulation (EC) No 1291/2000, 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 9
The import licence application and the import licence shall contain the
following information:
(a) in section 8, the country of origin of the product and the ‘yes’ box
shall be marked with a cross;
(b) in section 20, one of the following entries:
— Reglamento (CE) n
o2375/2002
— Forordning (EF) nr. 2375/2002— Verordnung (EG) Nr. 2375/2002—Κανονισµ óς(EK) αριθ. 2375 /2002
— Regulation (EC) No 2375/2002
— Règlement (CE) n
o2375/2002
— Regolamento (CE) n. 2375/2002— Verordening (EG) nr. 2375/2002— Regulamento (CE) n.
o2375/2002
— Asetus (EY) N:o 2375/2002— Förordning (EG) nr 2375/2002
(c) in section 24, the words ‘EUR 12/tonne’.
Licences shall be valid only for the products originating in the country
indicated in section 8.
Article 10
Notwithstanding Article 10(a) and (b) of Regulation (EC) No 1162/95,
the security for the import licences provided for in this Regulation shallbe EUR 30 per tonne.2002R2375 — EN — 30.06.2003 — 002.001 — 5
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Article 11
In the framework of the tariff quota, the release into free circulation in
the Community of common wheat of a quality other than high quality
originating in a third country shall be conditional upon production of a
certificate of origin issued by the competent national authorities of thatcountry, in accordance withArticle 47 of Commission Regulation(EEC) No 2454/93 (
1).
Article 12
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 January 2003.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R2375 — EN — 30.06.2003 — 002.001 — 6
(1) OJ L 253, 11.10.1993, p. 1.▼B
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ANNEX
2002R2375 — EN — 30.06.2003 — 002.001 — 7