2003R0573 — EN — 01.05.2004 — 001.001 — 1
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►B COMMISSION REGULATION (EC) No 573/2003
of 28 March 2003
laying down detailed rules for the application of Council Decision 2003/18/EC as regards the
concessions in the form of Community tariff quotas on certain cereal products originating in
Romania and amending Regulation (EC) No 2809/2000
(OJ L 82, 29.3.2003, p. 25)
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 573/2003
of 28 March 2003
laying down detailed rules for the application of Council Decision
2003/18/EC as regards the concessions in the form of Communitytariff quotas on certain cereal products originating in Romania
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 2003/18/EC of 19 December 2002
on the conclusion of a Protocol adjusting the trade aspects of theEurope Agreement establishing an association between the European
Communities and their Member States, of the one part, and Romania,
of the other part, to take account of the outcome of negotiationsbetween the parties on new mutual agricultural concessions (
1), and in
particular Article 3(2) thereof,
Whereas:
(1) In accordance with Decision 2003/18/EC, the Community has
undertaken to establish for each marketing year import tariff
quotas at a zero rate of duty for wheat and meslin and maize
originating in Romania.
(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 amended by Regulation (EC) No 2299/2001 (3),
as regards the transferable nature of the licences and the toler-ance relating to the quantities released into free circulation.
(6) To ensure sound management of the quotas, the security on theimport licences should be set at a relatively high level, by wayof derogation from Article 10 of Commission Regulation (EC)
No 1162/95 of 23 May 1995 laying down special detailed rules
for the application of the system of import and export licencesfor cereals and rice (
4), as last amended by Regulation (EC) No
2305/2002 (5).
(7) Rapid two-way communication should be established between
the Commission and the Member States regarding the quantities
applied for and imported.
(8) As Council Regulation (EC) No 2435/2000 of 17 October 2000establishing certain concessions in the form of Community tariffquotas for certain agricultural products and providing for an2003R0573 — EN — 01.05.2004 — 001.001 — 2
(1) OJ L 8, 14.1.2003, p. 18.
(2) OJ L 152, 24.6.2000, p. 1.
(3) OJ L 308, 27.11.2001, p. 19.
(4) OJ L 117, 24.5.1995, p. 2.
(5) OJ L 348, 21.12.2002, p. 92.
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adjustment, as an autonomous and transitional measure, of
certain agricultural concessions provided for in the EuropeAgreement with Romania (
1) has been repealed by Decision
2003/18/EC, Commission Regulation (EC) No 2809/2000 of 20
December 2000 laying down detailed rules for the application,for cereals sector products, of Regulations (EC) No 2290/2000,(EC) No 2433/2000, (EC) No 2434/2000, (EC) No 2435/2000and (EC) No 2851/2000 establishing certain concessions in the
form of Community tariff quotas for certain agricultural products
originating in the Republic of Bulgaria, the Czech Republic, theSlovak Republic, Romania, and the Republic of Poland respec-tively and repealing Regulation (EC) No 1218/96 (
2), as
amended by Regulation (EC) No 2864/2000 (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
referred to in Annex I originating in Romania and benefiting from azero rate of import duty, under the tariff quota bearing the order
number 09.4766, in accordance with Decision 2003/18/EC, shall be
subject to an import licence issued in accordance with this Regulation.
2. Imports of maize other than seed falling within CN code
1005 90 00 and referred to in Annex I originating in Romania andbenefiting from a zero rate of import duty, under the tariff quota
bearing the order number 09.4767, in accordance with Decision 2003/
18/EC, shall be subject to an import licence issued in accordance withthis Regulation.
3. The products referred to in paragraphs 1 and 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
in Romania in accordance with Protocol 4 of the Europe Agree-ment between the Community and Romania (
4);
(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 time
on 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 the Annex II, thetotal quantity resulting from the sum of the quantities indicated on theimport licence applications.
That information shall be communicated separately from the informa-
tion on other import licence applications for cereals.2003R0573 — EN — 01.05.2004 — 001.001 — 3
(1) OJ L 280, 4.11.2000, p. 17.
(2) OJ L 326, 22.12.2000, p. 16.
(3) OJ L 333, 29.12.2000, p. 3.
(4) OJ L 357, 31.12.1994, p. 2.
▼B
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 2exceeds the quota for the marketing year concerned, the Commission
shall set, no later than the third working day after the applications
were 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 theCommission the total quantity resulting from the sum of the quantities
for which import licence were issued that same day.
Article 3
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 4
The rights resulting from the import licences shall not be transferable.
Article 5
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 6
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
o573/2003
—N a řízení (ES) č. 573/2003
— Forordning (EF) nr. 573/2003
— Verordnung (EG) Nr. 573/2003
— Määrus (EÜ) nr 573/2003
—K ανονισµός ( EK) αριθ. 573 /2003
— Regulation (EC) No 573/2003
— Règlement (CE) no573/2003
— 573/2003/EK rendelet
— Regolamento (CE) n. 573/2003
— Reglamentas (EB) Nr. 573/2003
— Regula (EK) Nr. 573/2003
— Regolament (KE) Nru 573/2003
— Verordening (EG) nr. 573/2003
— Rozporz ądzenie (WE) nr 573/2003
— Regulamento (CE) n.o573/2003
— Nariadenie (ES) č. 573/2003
— Uredba (ES) št. 573/2003
— Asetus (EY) N:o 573/2003
— Förordning (EG) nr 573/2003;
(c) in section 24, the words ‘zero duty’.2003R0573 — EN — 01.05.2004 — 001.001 — 4
▼M1
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Article 7
The security for the import licences provided for in this Regulation
shall be EUR 30 per tonne.
Article 8
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 sector
products, of Regulations (EC) No 2290/2000, (EC) No 2433/2000,
(EC) No 2434/2000 and (EC) No 2851/2000 establishing certainconcessions in the form of community tariff quotas for certain agricul-tural products originating in the Republic of Bulgaria, the CzechRepublic, the Slovak Republic and the Republic of Poland respectivelyand repealing Regulation (EC) No 1218/96’
2. Article 2 is replaced by the following:
‘Article 2
Imports of the products listed in Annex I to this Regulation origi-
nating in the Czech Republic, the Slovak Republic and the
Republic of Poland and qualifying for partial or total exemption
from import duty for the quantity and at the rate of reduction orduty level specified therein shall be subject to the presentation ofan import licence issued in accordance with this Regulation.’
3. In Annex I, the row concerning Romania is deleted.
Article 9
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 April 2003.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2003R0573 — EN — 01.05.2004 — 001.001 — 5
▼B
ANNEX I
CN codeQuota order
numberDescription Rate of dutyQuantity
from
1.7.2002 to
30.6.2003
(tonnes)Annual quan-
tity from
1.7.2003 to
30.6.2004
and following
years
(tonnes)
1001 09.4766 Wheat and meslin Free 130 000 230 000
1005 90 00 09.4767 Maize, other than seed Free 74 500 149 0002003R0573 — 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 Romania opened by Council Decision 2003/18/EC
Quota Product CN codeQuantity applied for
(tonnes)
Wheat Wheat and meslin 1001
Maize Maize other than
seed1005 90 002003R0573 — EN — 01.05.2004 — 001.001 — 7