2003R0958 — EN — 01.05.2004 — 001.001 — 1
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►B COMMISSION REGULATION (EC) No 958/2003
of 3 June 2003
laying down detailed rules for the application of Council Decision 2003/286/EC as regards the
concessions in the form of Community tariff quotas on certain cereal products originating in the
Republic of Bulgaria and amending Regulation (EC) No 2809/2000
(OJ L 136, 4.6.2003, p. 3)
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 958/2003
of 3 June 2003
laying down detailed rules for the application of Council Decision
2003/286/EC as regards the concessions in the form of Communitytariff quotas on certain cereal products originating in the Republic
of Bulgaria and amending Regulation (EC) No 2809/2000
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 2003/286/EC of 8 April 2003 on
the conclusion of a Protocol adjusting the trade aspects of the EuropeAgreement establishing an association between the European Commu-
nities and their Member States, of the one part, and the Republic of
Bulgaria, of the other part, to take account of the outcome of negotia-tions between the parties on new mutual agricultural concessions (
1),
and in particular Article 3(2) thereof,
Whereas:
(1) In accordance with Decision 2003/286/EC, the Community has
undertaken to establish for each marketing year import tariff
quotas at a zero rate of duty for wheat and meslin, wheat gluten
and maize originating in the Republic of Bulgaria.
(2) To ensure that imports of wheat and maize covered by thesetariff quotas are orderly and not speculative, they should bemade subject to the issue of import licences. The licences should
be issued, within the quantities set, at the request of the inter-
ested parties, subject, where appropriate, to the fixing of areduction coefficient in respect of the quantities applied for.
(3) To ensure the proper management of these quotas, deadlines forthe lodging of licence applications should be laid down and the
information to be included in the applications and licences
should be specified.
(4) To take account of delivery conditions, the import licencesshould be valid from the day of their issue until the end of themonth following that in which they are issued.
(5) 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 exportlicences and advance fixing certificates for agricultural
products (
2), as last amended by Regulation (EC) No 325/
2003 (3), as regards the transferable nature of the licences and
the tolerance relating to the quantities released into free circula-tion.
(6) To ensure sound management of the quotas, the security on theimport licences should be set at a relatively high level, by way
of derogation from Article 10 of Commission Regulation (EC)
No 1162/95 of 23 May 1995 laying down special detailed rulesfor the application of the system of import and export licencesfor cereals and rice (
4), as last amended by Regulation (EC) No
498/2003 (5).
(7) Rapid two-way communication should be established betweenthe Commission and the Member States regarding the quantitiesapplied for and imported.
(8) As Council Regulations (EC) No 2290/2000 establishing certainconcessions in the form of Community tariff quotas for certain2003R0958 — EN — 01.05.2004 — 001.001 — 2
(1) OJ L 102, 24.4.2003, p. 60.
(2) OJ L 152, 24.6.2000, p. 1.
(3) OJ L 47, 21.2.2003, p. 21.
(4) OJ L 117, 24.5.1995, p. 2.
(5) OJ L 74, 20.3.2003, p. 15.
▼B
agricultural products and providing for an adjustment, as an
autonomous and transitional measure, of certain agriculturalconcessions provided for in the Europe Agreement with
Bulgaria (
1) has been repealed by Decision 2003/286/EC,
Commission Regulation (EC) No 2809/2000 of 20 December2000 laying down detailed rules for the application, for cerealssector products, of Regulations (EC) No 2290/2000 and (EC)No 2851/2000 establishing certain concessions in the form of
Community tariff quotas for certain agricultural products origi-
nating in the Republic of Bulgaria and the Republic of Polandrespectively and repealing Regulation (EC) No 1218/96 (
2), as
last amended by Regulation (EC) No 573/2003 (3), should be
amended.
(9) The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. Imports of wheat and meslin falling within CN code 1001 and
wheat gluten falling within CN code 1109 00 00 as referred to inAnnex I originating in the Republic of Bulgaria and benefiting from azero rate of import duty, under the tariff quota bearing the order
number 09.4676, in accordance with Decision 2003/286/EC, shall be
subject to an import licence issued in accordance with this Regulation.
2. Imports of maize falling within CN codes 1005 10 90 and
1005 90 00 as referred to in Annex I originating in the Republic ofBulgaria and benefiting from a zero rate of import duty, under the tariffquota bearing the order number 09.4677, in accordance with Decision2003/286/EC, shall be subject to an import licence issued in accor-dance with this Regulation.
3. The products referred to in paragraphs 1 to 2 shall be released
into free circulation upon presentation of one of the following docu-
ments:
(a) an EUR.1 movement certificate issued by the competent authorities
of the exporting country in accordance with Protocol 4 of the
Europe Agreement concluded with that country;
(b) an invoice declaration on the invoice provided by the exporter in
accordance with that Protocol.
Article 2
1. Applications for import licences shall be lodged with the compe-
tent authorities of the Member States no later than 13.00 Brussels timeon the second Monday of each month.
Each licence application shall be for a quantity not exceeding the quan-
tity available for the import of the relevant product in the marketingyear concerned.
2. No later than 18.00 Brussels time on the same day, the competent
authorities of the Member States shall fax the Commission (number(32-2) 295 25 15), in accordance with the model in Annex II, the totalquantity resulting from the sum of the quantities indicated on the
import licence applications.
That information shall be communicated separately from the informa-
tion on other import licence applications for cereals.
3. If the total of the quantities for each product concerned since the
start of the marketing year and the quantity referred to in paragraph 22003R0958 — EN — 01.05.2004 — 001.001 — 3
(1) OJ L 262, 17.10.2000, p. 1.
(2) OJ L 326, 22.12.2000, p. 16.
(3) OJ L 82, 29.3.2003, p. 25.
▼B
exceeds the quota for the marketing year concerned, the Commission
shall set, no later than the third working day after the applicationswere lodged, a single reduction coefficient to be applied to the quanti-
ties requested.
4. Without prejudice to paragraph 3, licences shall be issued on the
fifth 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 of the Member States shall fax the
Commission the total quantity resulting from the sum of the quantities
for which import licences were issued that same day.
Article 3
With a view to accounting for the quantities imported under the quotas
referred to in Article 1(1), the Commission shall apply the equivalencecoefficients listed in Annex III hereto. The quantity on each licenceapplication for a given product shall be multiplied by the coefficient
for the product in question.
Article 4
In accordance with Article 23(2) of Regulation (EC) No 1291/2000, the
period of validity of the licence shall be calculated from the actual dateof issue.
Import licences shall be valid until the end of the month following the
month in which they were issued.
Article 5
The rights resulting from the import licences shall not be transferable.
Article 6
The quantity released into free circulation may not exceed that indi-
cated in sections 17 and 18 of the import licence. The figure '0' shallbe entered to that effect in section 19 of the licence.
Article 7
The import licence application and the import licence shall contain the
following information:
(a) in section 8, the name of the country of origin;
(b) in section 20 one of the following entries:
— Reglamento (CE) n
o958/2003
—N a řízení (ES) č. 958/2003
— Forordning (EF) nr. 958/2003— Verordnung (EG) Nr. 958/2003
— Määrus (EÜ) nr 958/2003
—K ανονισµός ( EK) αριθ. 958 /2003
— Regulation (EC) No 958/2003— Règlement (CE) n
o958/2003
— 958/2003/EK rendelet— Regolamento (CE) n. 958/2003— Reglamentas (EB) Nr. 958/2003— Regula (EK) Nr. 958/2003— Regolament (KE) Nru 958/2003— Verordening (EG) nr. 958/2003— Rozporz ądzenie (WE) nr 958/2003
— Regulamento (CE) n.
o958/2003
— Nariadenie (ES) č. 958/2003
— Uredba (ES) št. 958/2003
— Asetus (EY) N:o 958/20032003R0958 — EN — 01.05.2004 — 001.001 — 4
▼M1
▼M1
— Förordning (EG) nr 958/2003
(c) in section 24, the words ‘zero duty’.
Article 8
The security for the import licences provided for in this Regulation
shall be EUR 30 per tonne.
Article 9
Regulation (EC) No 2809/2000 is amended as follows:1. the title is replaced by the following:
‘Commission Regulation (EC) No 2809/2000 of 20 December 2000
laying down detailed rules for the application, for cereals sectorproducts, of Regulation (EC) No 2851/2000 establishing certainconcessions in the form of Community tariff quotas for certain agri-cultural products originating in the Republic of Poland and repealing
Regulation (EC) No 1218/96’;
2. Article 1 is deleted.
Article 10
This Regulation shall enter into force on the day following its publica-
tion in the Official Journal of the European Union .
It shall apply from 1 June 2003.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2003R0958 — EN — 01.05.2004 — 001.001 — 5
▼B
▼B
ANNEX I
List of products originating in the Republic of Bulgaria referred to in Article 1(1) and (2)
CN codeQuota
order
numberDescriptionRate of
dutyQuantity
from
1.7.2002 to
30.6.2003
(tonnes)Annual
quantity
from
1.7.2003 to
30.6.2004
and
following
years
(tonnes)Yearly
increase as
from
1.7.2004
(tonnes)
1001 09.4676 Wheat and
meslinFree 126 400 250 000 25 000
1109 00 00 Wheat gluten
1005 90 00
1005 10 9009.4677 Maize Free 40 000 80 000 8 0002003R0958 — EN — 01.05.2004 — 001.001 — 6
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ANNEX II
Model of the notification referred to in Article 2(2)
Import quotas for wheat and maize from the Republic of Bulgaria opened by Decision 2003/286/
EC
Quota Product CN codeQuantity applied for
(tonnes)
Wheat Wheat and meslin 1001
Wheat gluten 1109 00 00
Maize Maize 1005 90 00
1005 10 902003R0958 — EN — 01.05.2004 — 001.001 — 7
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ANNEX III
Equivalence coefficients for wheat and its derived products from the Republic of Bulgaria
referred to in Article 3
Quota Product CN code Coefficient
Wheat and derivedproducts
(09.4676)Wheat and meslins 1001 1
Wheat gluten 1109 00 00 5,42003R0958 — EN — 01.05.2004 — 001.001 — 8