2002R2377 — EN — 11.04.2003 — 001.001 — 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
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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), 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 of
America, witha view to th e modification of concessions withrespect
to 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 to
Article XXVIII of the General Agreement on Tariffs and Trade(GATT), witha view to th e modification of concessions withrespectto 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 and of barley by creating import quotas from 1 January2003. For barley, the Community has decided to replace the
‘margin of preference’ system by two tariff quotas: one tariff
quota of 50 000 tonnes for malting barley and one tariff quotaof 300000 for barley. This Regulation concerns the tariff quotaof 50000 tones of malting barley.
(2)Under the Community's international commitments, maltingbarley for import must be intended for use in the manufactureof beer aged in vats containing beechwood. In this respect,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 rules for applying Council Regulation(EC) No 822/1999 and providing for the partial reimbursementof import duties levied on a quota of barley for malting (
4).
(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 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 — 11.04.2003 — 001.001 — 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 applications should be laid down and the
information to be included in applications and licences shouldbe 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 States of 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
licences and advance fixing certificates for agricultural
products (
3), as last amended by Regulation (EC) No 2299/
2001(4), as regards the transferable nature of the licences and
the tolerance relating to the quantities released 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), as last 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 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 quantityprovided for in Article 2.
Article 2
1. A tariff import quota of 50 000 tonnes of malting barley falling
within HS code (ex) 1003 00 to be used in the manufacture of beeraged in vats containing beechwood is hereby opened.2002R2377 — EN — 11.04.2003 — 001.001 — 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 imports within the tariff quota shall be levied at a rate of EUR 8per 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 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 grains that are not damaged as defined in (a), except grainsdamaged by frost or fungus.
Article 5
1. The benefit of this tariff quota shall be granted provided the
imported barley meets the 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 conditions are 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
vats containing beechwood within no more than 150 days followingthe date on which the barley is processed into malt.
2. Applications for import licences under this tariff quota shall be
accepted only if they are accompanied by:
(a) proof that the applicant is a natural or legal person who has carried
out a commercial activity in the cereals sector for at least 12months and is registered in the Member State in which the applica-
tion is submitted,
(b) proof that the applicant has lodged a security 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 — 11.04.2003 — 001.001 — 4
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beer aged in vats containing beechwood within 150 days following
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 has undergone steeping.
The use of the malt to manufacture beer aged in vats containing beech-
wood within no more than 150 days following 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 conditions are 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 this use has taken 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 authorities of 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 conditions relating 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 this Regulation shall 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 cargoes arriving 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. Applications for import licences shall 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 — 11.04.2003 — 001.001 — 5
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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 theCommission by fax a notification in accordance withth e model estab-
lished in the Annex II, and the total quantity resulting from the sum of
all quantities indicated on the import licence applications.
That information must be communicated separately from the informa-
tion on other import licence applications for cereals.
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 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.
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 the
number mentioned in Annex II, the total quantity resulting from the
sum 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 withArticle 23(2) of Regulation (EC) No 1291/2000, th eperiod of validity of the licence shall be calculated from the actualdate 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 in
sections 17 and 18 of the import licence. The figure ‘0’ shall be
entered 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
— Forordning (EF) nr. 2377/2002
— Verordnung (EG) Nr. 2377/2002—Κανονισµός ( EK) αριθ. 2377 /2002
— Regulation (EC) No 2377/2002
— Règlement (CE) n
o2377/2002
— Regolamento (CE) n. 2377/2002— Verordening (EG) nr. 2377/2002— Regulamento (CE) n.
o2377/2002
— Asetus (EY) N:o 2377/2002
— Förordning (EG) nr 2377/2002
(b) in section 24, the words ‘EUR 8/tonne’.
Article 14
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 2003.2002R2377 — EN — 11.04.2003 — 001.001 — 6
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It shall apply until the date of entry into force of the Regulation
amending Article 10 of Regulation (EEC) No 1766/92, but until 30June 2003 at the latest.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R2377 — EN — 11.04.2003 — 001.001 — 7
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ANNEX I
BlankcertificateofconformityauthorisedbytheGovernmentoftheUnitedStatesofAmericaformaltingbarleydestinedto
beusedinthemanufactureofbeeragedinvatscontainingbeechwood
2002R2377 — EN — 11.04.2003 — 001.001 — 8
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ANNEX II
2002R2377 — EN — 11.04.2003 — 001.001 — 9