2002R2376 — EN — 30.06.2003 — 002.001 — 1
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►B COMMISSIONREGULATION(EC)No2376/2002
of27December 2002
opening and providing for the administration of a Community tariff quota for barley from third
countriesandderogatingfromCouncilRegulation(EC)No1766/92
(OJ L 358, 31.12.2002, p. 92)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 539/2003 of 26 March 2003 L 80 21 27.3.2003
►M2Commission Regulation (EC) No 1113/2003 of 26 June 2003 L 158 24 27.6.2003
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COMMISSIONREGULATION(EC)No2376/2002
of27December 2002
opening and providing for the administration of a Community
tariff quota for barley from third countries and derogating from
CouncilRegulation(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), 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 exchange
of Letters between the European Community and the United States of
America, with a view to the modification of concessions with respectto 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 exchange
of Letters between the European Community and Canada pursuant toArticle XXVIII of the General Agreement on Tariffs and Trade(GATT), with a view to the modification of concessions with respectto 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 medium
quality and of barley by creating import quotas from 1 January
2003. For barley, the Community has decided to replace thesystem of preference margins by two tariff quotas: a tariff quotaof 50 000 tonnes for malting barley and a tariff quota of 300000tonnes of barley, for which this Regulation makes provision.
(2)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 derogatefrom Regulation (EEC) No 1766/92, during a transitional period
expiring on the date of entry into force of the amendment to that
Regulation, but until 30 June 2003 at the latest.
(3)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. The licences are to be issued, withinthe quantities set, at the request of the interested parties, subjectwhere appropriate to the fixing of a reduction coefficient inrespect of the quantities applied for.
(4)To ensure the proper management of this quota, deadlines for thelodging of licence applications should be laid down and theinformation to be included in applications and licences should
be specified.
(5)To take account of supply conditions, a derogation should be
made concerning the period of validity of the licences.
(6)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 export2002R2376 — 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.
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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.
(7)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).
(8)Rapid two-way communication should be established betweenthe Commission and the Member States regarding the quantitiesapplied for and imported.
(9)The measures provided for in this Regulation are in accordance
with 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 barley falling in CN code 1003 00 shall befixed in the framework of the quota opened by 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 quantity
provided for in Article 2.
Article 2
1. A tariff import quota of 300000 tonnes for barley falling in CN
code 1003 00 is hereby opened.
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 3
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 thisRegulation.
Article 4
1. Applications for import licences shall be lodged with the compe-
tent authorities of the Member States no later than 13.00 (Brussels
time) 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 onelicence application in the Member State concerned.
2. No later than 18.00 hours Brussels time on the day of lodging of
licence applications, the competent authorities shall forward to the
Commission by fax a notification in accordance with the model set
out in the Annex, and the total quantity resulting from the sum of allquantities indicated on the import licence applications. Notifications2002R2376 — 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.▼M2
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shall be made even where no applications have been lodged in a
Member State. That information must be communicated separatelyfrom the information on other 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 shallconsider that no applications were lodged in the Member Stateconcerned.
3. If the total of the quantities since the start of the year and the
quantity referred to in paragraph 2 exceeds the quota for the year
concerned, the Commission shall set, no later than the third working
day after the applications are lodged, a single reduction coefficient tobe 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.
Article 5
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, theperiod of validity of the licence shall be calculated from the actualdate of issue.
Article 6
Notwithstanding Article 9 of Regulation (EC) No 1291/2000, the rights
resulting from the import licences shall not be transferable.
Article 7
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 8
The import licence application and the import licence shall contain the
following information:
(a) in section 20, one of the following entries:
— Reglamento (CE) n
o2376/2002
— Forordning (EF) nr. 2376/2002
— Verordnung (EG) Nr. 2376/2002
—Κανονισµ óς(EK) αριθ. 2376 /2002
— Regulation (EC) No 2376/2002— Règlement (CE) n
o2376/2002
— Regolamento (CE) n. 2376/2002— Verordening (EG) nr. 2376/2002— Regulamento (CE) n.
o2376/2002
— Asetus (EY) N:o 2376/2002
— Förordning (EG) nr 2376/2002
(b) in section 24, the words ‘EUR 16/tonne’.2002R2376 — EN — 30.06.2003 — 002.001 — 4
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Article 9
Notwithstanding Article 10(a) and (b) of Regulation (EC) No 1162/95,
the security for the import licences provided for in this Regulation shall
be EUR 30 per tonne.
Article 10
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.2002R2376 — EN — 30.06.2003 — 002.001 — 5
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ANNEX
2002R2376 — EN — 30.06.2003 — 002.001 — 6