2002R2377 — EN — 01.05.2004 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2377/2002
of27December 2002
opening and providing for the administration of a Community tariff quota for malting barley
fromthirdcountriesandderogatingfromCouncilRegulation(EC)No1766/92
(OJ L 358, 31.12.2002, p. 95)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 159/2003 of 29 January 2003 L 25 37 30.1.2003
►M2Commission Regulation (EC) No 626/2003 of 3 April 2003 L 90 32 8.4.2003
►M3Commission Regulation (EC) No 1112/2003 of 26 June 2003 L 158 23 27.6.2003
►M4Commission Regulation (EC) No 777/2004 of 26 April 2004 L 123 50 27.4.2004
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COMMISSIONREGULATION(EC)No2377/2002
of27December 2002
opening and providing for the administration of a Community
tariffquotaformaltingbarleyfromthirdcountriesandderogating
fromCouncilRegulation(EC)No1766/92
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), aslas t
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 Lettersbetween the European Community and the United Statesof
America, with a view to the modification of concessions with respect
to cerealsprovided for in s chedule CXL annexed to the General Agree-ment on Tariffsand 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 Exchange
of Lettersbetween the European Community and Canada purs uant to
Article XXVIII of the General Agreement on Tariffsand Trade(GATT), with a view to the modification of concessions with respectto cerealsprovided for in EC s chedule CXL annexed to the GATT (
3)
and in particular Article 2 thereof,
Whereas:
(1)Following trade negotiations, the Community has changed the
conditionsfor the import of common wheat of low and mediumquality and of barley by creating import quotasfrom 1 January2003. For barley, the Community hasdecided to replace the
‘margin of preference’ system by two tariff quotas: one tariff
quota of 50 000 tonnesfor malting barley and one tariff quotaof 300 000 for barley. ThisRegulation concernsthe tariff quotaof 50 000 tonesof malting barley.
(2)Under the Community'sinternational commitments , maltingbarley for import must be intended for use in the manufactureof beer aged in vatscontaining beechwood. In thisres pect,provisions should be adopted relating to the quality criteria forbarley and to processing requirements similar to those of
Commission Regulation (EC) No 1234/2001 of 22 June 2001
laying down detailed rulesfor applying Council Regulation(EC) No 822/1999 and providing for the partial reimbursementof import dutieslevied on a quota of barley for malting (
4).
(3)The opening of thisquota meansthat Regulation (EEC) No1766/92 hasto be adapted. In order to enable the quota to beopened on 1 January 2003, provision should be made to derogatefrom Regulation (EEC) No 1766/92, during a transitional periodexpiring on the date of entry into force of the amendment to that
Regulation, but until 30 June 2003 at the latest.
(4)To ensure that imports of the barley covered by this tariff quota
are orderly and not speculative, they should be made subject tothe issue of import licences. The licences will be issued, within
the quantities set, at the request of the interested parties, subject
where appropriate to the fixing of a reduction coefficient inrespect of the quantities applied for.2002R2377 — EN — 01.05.2004 — 003.001 — 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 168, 23.6.2001, p. 12.
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(5)To ensure the proper management of this quota, deadlines for the
lodging of licence applicationss hould be laid down and the
information to be included in applicationsand licencess houldbe specified.
(6)To take account of supply conditions, a derogation should bemade concerning the period of validity of the licences.
(7)Taking account of the obligation to apply a high level of guar-antee to insure adequate execution of the quota and that thisguarantee vwould have to be in place during all the processingperiod, it is adequate to exempt importers whose consignements
of malting barley are accompanied by a certificate of conformity
agreed with the government of the United Statesof Americaaccording to the administrative cooperation procedure providedfor in Articles 63 to 65 of Commission Regulation (EEC) No2454/93 (
1), as amended by Commission Regulation (EC) No
444/2002 (2).
(8)With a view to the sound management of the quota, 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
licencesand advance fixing certificatesfor agricultural
products(
3), aslas t amended by Regulation (EC) No 2299/
2001 (4), asregardsthe trans ferable nature of the licencesand
the tolerance relating to the quantitiesreleas ed into free circula-tion.
(9)To ensure sound management of this quota, the security on theimport licences should be set at a relatively high level, notwith-standing Article 10 of Commission Regulation (EC) No 1162/95of 23 May 1995 laying down special detailed rules for the appli-cation of the system of import and export licences for cerealsand rice (
5), aslas t amended by Regulation (EC) No 1322/
2002 (6).
(10)Rapid two-way communication should be established between
the Commission and the Member States regarding the quantitiesapplied for and imported.
(11)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 malting barley falling in CN code 1003 00 shall
be fixed in the framework of the quota opened by thisRegulation.
Article 10(1) of Regulation (EEC) No 1766/92 shall apply to imports
of the productsreferred to in thisRegulation in exces sof the quantityprovided for in Article 2.
Article 2
1. A tariff import quota of 50 000 tonnesof malting barley falling
within HS code (ex) 1003 00 to be used in the manufacture of beeraged in vatscontaining beechwood ishereby opened.2002R2377 — EN — 01.05.2004 — 003.001 — 3
(1) OJ L 253, 11.10.1993, p. 1.
(2) OJ L 68, 12.3.2002, p. 11.
(3) OJ L 152, 24.6.2000, p. 1.
(4) OJ L 308, 27.11.2001, p. 19.
(5) OJ L 117, 24.5.1995, p. 2.
(6) OJ L 194, 23.7.2002, p. 22.▼M1
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2. The tariff quota shall be opened on 1 January each year. Duties
on importswithin the tariff quota s hall be levied at a rate of EUR 8per tonne.
Article 3
All importsunder the quota referred to in Article 2(1) s hall be condi-
tional upon the production of an import licence issued in accordancewith Regulation (EC) No 1291/2000, subject to the provisions of this
Regulation.
Article 4
For the purposes of applying this Regulation:
(a) ‘damaged grains’ means grains of barley, other cereals or wild oats
that display damage, including deterioration caused by disease,
frost, heat, insects or fungus, bad weather and all other forms of
physical damage;
(b) ‘sound and fair merchantable barley’ means barley grains or pieces
of grainsthat are not damaged asdefined in (a), except grainsdamaged by frost or fungus.
Article 5
1. The benefit of thistariff quota s hall be granted provided the
imported barley meetsthe following criteria:
(a) specific weight: minimum 60,5 kg/hl;
(b) damaged grains: maximum 1 %;
(c) moisture: maximum 13,5 %;
(d) sound and fair merchantable barley: minimum 96 %.
2. Compliance with the quality criteria set out in paragraph 1 shall
be certified by one of the following documents:
(a) a certificate of analysis carried out at the importer's request by the
customs office of release for free circulation, or
(b) a certificate of conformity for the imported barley issued by a
government authority of the country of origin and recognised by
the Commission.
Article 6
1. The benefit of access to this quota shall be granted provided the
following conditionsare fulfilled:
(a) the imported barley must be malted within six months from the
date of release for free circulation;
(b) the resulting malt must be used in the manufacture of beer aged in
vatscontaining beechwood within no more than 150 daysfollowingthe date on which the barley is processed into malt.
2. Applicationsfor import licencesunder thistariff quota s hall be
accepted only if they are accompanied by:
(a) proof that the applicant isa natural or legal pers on who hascarried
out a commercial activity in the cereals sector for at least 12monthsand isregis tered in the Member State in which the applica-
tion iss ubmitted,
(b) proof that the applicant haslodged a s ecurity of EUR 85 per tonne
with the competent authority of the Member State of release forfree circulation. In case the malting barley consignments areaccompanied by a certificate of conformity issued by the Federal
Grain Inspection Service (FGIS) as referred to in Article 8, the
security is reduces to EUR 10 per tonne
(c) a written undertaking by the applicant that all the imported goods
will be processed, within six months from the date of acceptance ofentry for free circulation, into malt for use in the manufacture of2002R2377 — EN — 01.05.2004 — 003.001 — 4
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beer aged in vatscontaining beechwood within 150 daysfollowing
the date on which the barley was processed into malt. He shallspecify the processing location by stating either a processing firm
and Member State or a maximum of five processing plants. Before
the goods are consigned for processing a control copy T5 shall bemade out of the office of customs clearance in accordance withCommission Regulation (EEC) No 2454/93. The informationrequired in the first paragraph and the name and location of the
processing plant shall be given in box 104 of the T5.
3. Processing of the imported barley into malt shall be deemed to
have taken place when the malting barley hasundergone s teeping.
The use of the malt to manufacture beer aged in vats containing beech-
wood within no more than 150 daysfollowing the date on which thebarley is processed into malt shall be subject to verification by thecompetent authority.
Article 7
1. The security provided for in Article 6(2)(b) shall be released
provided the following conditionsare fulfilled:
(a) the quality of the barley, established on the basis of the certificate
of conformity or analysis certificate, meets the criteria laid down in
Article 5(1),
(b) the certificate applicant provides proof of the specific final use
referred to in Article 5(1), certifying that thisus e hastaken placewithin the time limit provided for in the written undertakingreferred to in Article 6(2)(c). That proof, possibly in the form ofthe T5 control copy, must demonstrate to the satisfaction of the
competent authoritiesof the Member State of importation that all
the quantities imported have been processed into the productreferred in Article 6(2)(c).
2. Where the quality criteria and/or the conditionsrelating to proces -
sing set out in Articles 5 and 6 of this Regulation are not fulfilled, thesecurity for import licences referred to in Article 10(a) of Regulation(EC) No 1162/95 and the additional security referred to in Article6(2)(b) of thisRegulation s hall be forfeited.
Article 8
A blank specimen of the certificates to be issued by the Federal Grain
Inspection Service (FGIS) is given in Annex I. Certificates issued by
the Federal Grain Inspection Service (FGIS) for for malting barleydestined to be used in the manufacture of beer aged in vats containingbeechwood shall be officially recognised by the Commission under theadministrative cooperation procedure as specified in Articles 63 to 65
of Regulation (EEC) No 2454/93. When the analytical parameters
entered in the certificate of conformity issued by Federal Grain Inspec-tion Service (FGIS) show conformity with the malting barley qualitystandards established in Article 5 samples shall be taken of at least3 % of the cargoesarriving at each entry port during the marketingyear. Reproduction of the stamp ►
M2 ◄authorised by
the Government of the United States of America shall be published in
the C series of the Official Journal of the European Communities .
Article 9
1. Applicationsfor import licencess hall be lodged with the compe-
tent authorities of the Member States no later than 13.00 (Brusselstime) on the second Monday of each month.
Each licence application must be for a quantity that may not exceed the
quantity available for the import of the product concerned in the yearconcerned.2002R2377 — EN — 01.05.2004 — 003.001 — 5
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▼M2
2. No later than 18.00, Brussels time, on the day of lodging of
licence applications, the competent authorities shall forward to theCommission by fax a notification in accordance with the model estab-
lished in the Annex II, and the total quantity resulting from the sum of
all quantitiesindicated on the import licence applications .
That information must be communicated separately from the informa-
tion on other import licence applicationsfor cereals .
3. If the total of the quantities since the start of the year and the
quantity referred to in paragraph 2 exceedsthe quota for the yearconcerned, the Commission shall set, no later than the third workingday after the applicationsare lodged, a s ingle reduction coefficient tobe applied to the quantitiesreques ted.
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 Annex II, the total quantity resulting from thesum of the quantities for which import licences has been issued thatsame day.
Article 10
Import licences shall be valid for 60 days from the day of issue. In
accordance with Article 23(2) of Regulation (EC) No 1291/2000, theperiod of validity of the licence shall be calculated from the actual
date of issue.
Article 11
Notwithstanding Article 9 of Regulation (EC) No 1291/2000, the rights
resulting from the import licences shall not be transferable.
Article 12
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 13
The import licence application and the import licence shall contain the
following information:
(a) in section 20, the processed product to be made from the cereals
and one of the following entries:
— Reglamento (CE) n
o2377/2002
—N ařízení (ES) č. 2377/2002
— Forordning (EF) nr. 2377/2002
— Verordnung (EG) Nr. 2377/2002
— Määrus(EÜ) nr 2377/2002
—Κανονισµός ( EK) αριθ. 2377 /2002
— Regulation (EC) No 2377/2002— Règlement (CE) n
o2377/2002
— 2377/2002/EK rendelet
— Regolamento (CE) n. 2377/2002— Reglamentas(EB) Nr. 2377/2002
— Regula (EK) Nr. 2377/2002
— Regolament (KE) Nru 2377/2002— Verordening (EG) nr. 2377/2002
— Rozporz ądzenie (WE) nr 2377/2002
— Regulamento (CE) n.
o2377/2002
— Nariadenie (ES) č. 2377/20022002R2377 — EN — 01.05.2004 — 003.001 — 6
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▼M4
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— Uredba (ES) št. 2377/2002
— Asetus (EY) N:o 2377/2002— Förordning (EG) nr 2377/2002
(b) in section 24, the words ‘EUR 8/tonne’.
Article 14
ThisRegulation s hall 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.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.2002R2377 — EN — 01.05.2004 — 003.001 — 7
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ANNEX I
BlankcertificateofconformityauthorisedbytheGovernmentoftheUnitedStatesofAmericaformaltingbarleydestinedto
beusedinthemanufactureofbeeragedinvatscontainingbeechwood
2002R2377 — EN — 01.05.2004 — 003.001 — 8
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ANNEX II
2002R2377 — EN — 01.05.2004 — 003.001 — 9