2001R2133 — EN — 01.05.2004 — 001.001 — 1
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►B COMMISSIONREGULATION(EC)No2133/2001
of30October2001
opening and providing for the administration of certain Community tariff quotas and tariff ceil-
ings in the cereals sector and repealing Regulations (EC) No 1897/94, (EC) No 306/96, (EC) No1827/96,(EC)No1970/96,(EC)No1405/97,(EC)No1406/97, (EC)No2492/98,(EC)No2809/98
and(EC)No778/1999
(OJ L 287, 31.10.2001, p. 12)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 777/2004 of 26 April 2004 L 123 50 27.4.2004
Corrected by:
►C1Corrigendum, OJ L 295, 13.11.2001, p. 34 (2133/2001)
▼B
COMMISSIONREGULATION(EC)No2133/2001
of30October 2001
opening and providing for the administration of certain Commu-
nity tariff quotas and tariff ceilings in the cereals sector andrepealing Regulations (EC) No 1897/94, (EC) No 306/96, (EC) No1827/96, (EC) No 1970/96, (EC) No 1405/97, (EC) No 1406/97,
(EC)No2492/98,(EC)No2809/98and(EC)No778/1999
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 Council Decision 95/582/EC of 20 December 1995
on the conclusion of the Agreements in the form of Exchanges ofLetters between the European Community, of the one part, and theRepublic of Iceland, the Kingdom of Norway and the Swiss Confedera-
tion, of the other part, concerning certain agricultural products (
3), and
in particular Article 2 thereof,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996
on the implementation of the concessions set out in Schedule CXLdrawn up in the wake of the conclusion of the GATT XXIV.6 negotia-tions (
4), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 1706/98 of 20 July 1998
on the arrangements applicable to agricultural products and goodsresulting from the processing of agricultural products originating inthe African, Caribbean and Pacific States (ACP States) and repealingRegulation (EEC) No 715/90 (
5), and in particular Article 30 thereof,
Having regard to Council Regulation (EC) No 1727/2000 of 31 July
2000 establishing certain concessions in the form of Community tariffquotas for certain agricultural products and providing for an adjust-ment, as an autonomous and transitional measure, of certainagricultural concessions provided for in the Europe Agreement with
Hungary (
6), and in particular Article 1(3) thereof,
Having regard to Council Regulation (EC) No 2290/2000 of 9 October
2000 establishing certain concessions in the form of Community tariffquotas for certain agricultural products and providing for an adjust-ment, as an autonomous and transitional measure, of certainagricultural concessions provided for in the Europe Agreement with
Bulgaria (
7), and in particular Article 1(3) thereof,
Whereas:
(1)Commission Regulation (EEC) No 2454/93 of 2 July 1993
laying down provisions for the implementation of Council Regu-lation (EEC) No 2913/92 establishing the Community CustomsCode (
8), as last amended by Regulation (EC) No 993/2001 (9),
codified the rules for administering tariff quotas designed to beused following the chronological order of dates of customs
declarations and for surveillance of preferential imports.
(2)In the interests of simplification and in view of the small volume
of some of the quotas and ceilings provided for in Decision 95/2001R2133 — EN — 01.05.2004 — 001.001 — 2
(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 327, 30.12.1995, p. 17.
(4) OJ L 146, 20.6.1996, p. 1.
(5) OJ L 215, 1.8.1998, p. 12.
(6) OJ L 198, 4.8.2000, p. 6.
(7) OJ L 262, 17.10.2000, p. 1.
(8) OJ L 253, 11.10.1993, p. 1.
(9) OJ L 141, 28.5.2001, p. 1.
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582/EC, Council Decision 97/126/EC of 6 December 1996
concerning the conclusion of an agreement between theEuropean Community, of the one part, and the Government of
Denmark and the Home Government of the Faroe Islands, of
the other part (
1) and Council Regulations (EC) No 1095/96,
(EC) No 1706/98, (EC) No 1727/2000 and (EC) No 2290/2000,Regulation (EEC) No 2454/93 should also apply to those quotasand ceilings.
(3)For administrative reasons, a new serial number should beallotted to eachof th e tariff quotas and ceilings concerned.
(4)To ensure effective management of certain quotas and ceilingscovered by this Regulation, a certificate testifying to the originof the goods should be required
(5)In view of the quality of wheat required for quota Nos 09.0074and 09.0075, the customs authorities should check compliance
with the quality requirements before granting entitlement to the
quota. To ensure that these quotas are managed effectively, asystem of securities should be introduced.
(6)If the ceilings covered by this Regulation are reached during agiven year, the Commission may re-introduce, by Regulation,the levying of normal customs duties reduced by 50 %.
(7)Application of Regulation (EEC) No 2454/93 to these quotas andceilings makes unnecessary the detailed implementing rulesrelating thereto laid down in Commission Regulations (EC) No1897/94(
2), (EC) No 306/96 (3), (EC) No 1827/96 (4), 1970/
96(5), (EC) No 1405/97(6), (EC) No 1406/97 (7), (EC) No
2492/98(8), (EC) No 2809/98 (9) and (EC) No 778/1999 (10).
Those Regulations should therefore be repealed with effectfrom the dates from which the provisions of this Regulationapply.
(8)The Management Committee for Cereals has not delivered anopinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. The tariff quotas listed in Annex I shall be opened from 1 July to
30 June for eachmarketing year from 1 July 2002.
2. The tariff quotas listed in Annex II shall be opened for each
calendar year from 1 January 2002.
3. The tariff ceilings listed in Annex III shall be opened for each
calendar year from 1 January 2002.
Article 2
1. The products imported ►M1under tariff quota 09.5732 ◄shall
be released into free circulation upon presentation of an EUR.1 move-ment certificate issued by the exporting country in accordance with
Protocol 4 to the Europe Agreement concluded with that country, or
alternatively a declaration on the invoice issued in accordance withthat Protocol.2001R2133 — EN — 01.05.2004 — 001.001 — 3
(1) OJ L 53, 22.2.1997, p. 1.
(2) OJ L 194, 29.7.1994, p. 4.
(3) OJ L 43, 21.2.1996, p. 1.
(4) OJ L 241, 21.9.1996, p. 23.
(5) OJ L 261, 15.10.1996, p. 34.
(6) OJ L 194, 23.7.1997, p. 7.
(7) OJ L 194, 23.7.1997, p. 10.
(8) OJ L 309, 19.11.1998, p. 35.
(9) OJ L 349, 24.12.1998, p. 41.
(10) OJ L 101, 16.4.1999, p. 36.
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2. The products imported under tariff quota 09.0779 shall be
released into free circulation upon presentation of an EUR.1 movementcertificate issued by the exporting country in accordance with Annex
IV to the bilateral agreement concluded with that country, or alterna-
tively a declaration on the invoice issued in accordance with thatagreement.
3. The products imported under tariff quota 09.0689 shall be
released into free circulation upon presentation of an EUR.1 movementcertificate issued by the exporting country in accordance with AnnexIV to Protocol 3 to the Agreement between the European Community,
of the one part, and the Government of Denmark and the Home
Government of the Faroe Islands, of the other part, or alternatively adeclaration on the invoice issued in accordance with that Agreement.
4. Products imported under tariff quota 09.1633 and the tariff ceil-
ings listed in Annex III to this Regulation shall be released into freecirculation upon presentation of an EUR.1 movement certificate or adeclaration on the invoice issued by the exporting country in accor-
dance withProtocol 1 to Annex V to th e ACP-EC Convention.
Article 3
1. In order to ensure the quality of the products imported under
tariff quotas 09.0074 and 09.0075, eligibility for the zero import dutyshall be conditional on importers lodging, in addition to any security
required under Article 248 of Regulation (EEC) No 2454/93, an import
security of EUR 5 per tonne with the competent customs authorities onthe day the declaration of release for free circulation is accepted.
2. The customs authorities shall take representative samples of each
import under tariff quota 09.0075 witha view to carrying out th enecessary tests to establish that the quality imported complies with thequality criteria referred to in Annex IV. If the quality is inadequate,
access to the quota shall be refused.
3. The customs authorities shall take representative samples of each
import under tariff quota 09.0074 witha view to carrying out th e
necessary tests to establish that the vitreous grain content is 73 % ormore. If the quality is inadequate, access to the quota shall be refused.
4. The import security of EUR 5 per tonne referred to in paragraph
1 shall be released in respect of the quantity of products importedunder each quota which complies with the criteria referred to in para-graphs 2 and 3, as the case may be. Should the tests referred to in
paragraphs 2 and 3 show that the quality of the imported product is
below standard, Commission Regulation (EC) No 1249/96 (
1), shall
apply. The amount of EUR 5 per tonne referred to in paragraph 1 shallbe held back as a penalty
Article 4
1. The tariff quotas referred to in Article 1(1) and (2) shall be admi-
nistered by the Commission in accordance with Articles 308a, 308band 308c of Regulation (EEC) No 2454/93.
2. The tariff ceilings referred to in Article 1(3) shall be the subject
of Community surveillance by the Commission in close cooperationwithth e Member States in accordance withArticle 308d of Regulation(EEC) No 2454/93.
Article 5
1. Regulations (EC) No 1970/96, (EC) No 1405/97, (EC) No 1406/
97 and (EC) No 778/1999 shall be repealed with effect from 1 July2002.2001R2133 — EN — 01.05.2004 — 001.001 — 4
(1) OJ L 161, 29.6.1996, p. 125.
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2. Regulations (EC) No 1897/94, (EC) No 306/96, (EC) No 1827/
96, (EC) No 2809/98 and (EC) No 2492/98 shall be repealed witheffect from 1 January 2002.
Article 6
This Regulation shall enter into force on the day following its publica-
tion in the Official Journal of the European Communities .
It shall apply from 1 July 2002 for the quotas covered by Article 1(1)
and from 1 January 2002 for the quotas and ceilings covered by Article1(2) and (3).
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2001R2133 — EN — 01.05.2004 — 001.001 — 5
▼B
ANNEXI
Tariffquotaswithquotaperiodsrunningfrom1Julyto30June
(MFN: most-favoured nation)
Order No CN code Description (1)Quota
volume in
net weight
(tonnes)Tarif quota duty Origin
09.0071 1008 2000 Millet 1 300 EUR 7/t All third countries
(erga omnes)
09.0074 1001 1000 Durum wheat 50000 0 All third countries
(erga omnes)
09.5732 2309 9031
2309 9041Preparations of
a kind used in
animal feed3 500 20 % of MFN
dutyBulgaria
(1) Without prejudice to the rules for interpreting the Combined Nomenclature, the wording for the description of
the products is to be considered as having no more than an indicative value, the preferential treatment beingdetermined, in the context of this Annex, by the coverage of the CN codes as they exist at the time of adoptionof this Regulation.2001R2133 — EN — 01.05.2004 — 001.001 — 6
▼M1
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ANNEXII
Tariffquotaswithquotaperiodsrunningfrom1Januaryto31December
(MFN: most-favoured nation)
Order No CN code Description (1)Quota volume in net
weight
(tonnes)Tariff quota duty Origin
09.0072 23023010
23023090Brans, sharps and other residues of wheat and cereals other
than maize and rice475 000 EUR 30,60/t All third countries (erga
omnes)
23024010
23024090EUR 62,25/t
09.0075 10011000 and
10019099Durum wheat and common wheat of a minimum quality
satisfying the criteria laid down in Annex IV300 000 0 All third countries (erga
omnes)
09.1633 10011000 Durum wheat 15000 50 % of MFN duty ACP States
10019091 Common wheat
10019099 Other wheat
10020000 Rye
100300 Barley
10040000 Oats
1008 Buckwheat, canary seed, triticale and other cereals
09.0073 23099031
23099041
23099051Preparations of a kind used in animal feed 2 800 7 % ad valorem All third countries (erga
omnes)
09.0779 ex 23099031 Feedingstuffs for fish1 177 0 Norway
09.0689 ex 23099010
ex 23099031
ex 23099041Feedingstuffs for fish10000 0 Faroes
(1) Without prejudice to the rules for interpreting the Combined Nomenclature, the wording for the discription of the products is to be considered as hav ing no more than an indicative value, the preferential treatment being
determined, in the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption of this Regulation. Where ex CN codes are ind icated, the preferential treatment is to be determined by the coverage
of the CN code and corresponding description taken together.▼B2001R2133 — EN — 01.05.2004 — 001.001 — 7
▼B
ANNEXIII
Tariffceilingswithperiodsrunningfrom1Januaryto31December
(MFN: most-favoured nation)
Order No CN code Description (1)Ceiling in
net weight
(tonnes)Applicable duty Origin
120201 1007 Sorghum 100000 40 % of MFN
dutyACP States
120203 10082000 Millet 60000 0 ACP States
(1) Without prejudice to the rules for interpreting the Combined Nomenclature, the wording for the description of
the products is to be considered as having no more than an indicative value, the preferential treatment being
determined, in the context of this Annex, by the coverage of the CN codes as they exist at the time of adoptionof this Regulation2001R2133 — EN — 01.05.2004 — 001.001 — 8
▼C1
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ANNEXIV
Minimum quality criteria for wheat imported under quota No 09.0075 for 300000 tonnes of
qualitywheatopenedbyRegulation(EC)No1095/96
Quality criteriaType of wheat
Durum wheat Common wheat
CN code 100110 00 CN code 1001 90 99
Specific weight in kg/hl greater than or equal to 80 78
Grains which have lost their vitreous aspect Maximum 20,0 % —Matter which is not quality wheat grains of
unimpaired quality, of which:Maximum 10,0 % Maximum 10,0 %
— broken and/or shrivelled grains Maximum 7,0 % Maximum 7,0 %
— grains damaged by pests Maximum 2,0 % Maximum 2,0 %
— grains affected wiht fusariosis and/or mottled
grainsMaximum 5,0 % —
— sprouted grains Maximum 0,5 % Maximum 0,5 %
Miscellaneous impurities (Schwarzbesatz) Maximum 1,0 % Maximum 1,0 %
Hagberg falling number Minimum 250 Minimum 230
Protein content (13,5 % moisture content) — Minimum 14,6 %2001R2133 — EN — 01.05.2004 — 001.001 — 9