2001R2133 — EN — 01.11.2001 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2133/2001
of30October2001
openingandprovidingfortheadministrationofcertainCommunitytariffquotasandtariffceilings
inthecerealssectorandrepealingRegulations(EC)No1897/94,(EC)No306/96,(EC)No1827/96,(EC)No1970/96,(EC)No1405/97,(EC)No1406/97,(EC)No2492/98,(EC)No2809/98and(EC)
No778/1999
(OJ L 287, 31.10.2001, p. 12)
Corrected by:
►C1Corrigendum, OJ L 295, 13.11.2001, p. 34 (2133/2001)
▼B
COMMISSIONREGULATION(EC)No2133/2001
of30October 2001
openingandprovidingfortheadministrationofcertainCommunity
tariff quotas and tariff ceilings in the cereals sector and repealingRegulations (EC) No 1897/94, (EC) No 306/96, (EC) No 1827/96,(EC)No1970/96,(EC)No1405/97,(EC)No1406/97,(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 of Lettersbetween the European Community, of the one part, and the Republic ofIceland, the Kingdom of Norway and the Swiss Confederation, 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.6negotiations(
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 in theAfrican, 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 adjustment,as an autonomous and transitional measure, of certain agriculturalconcessions 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 adjustment,as an autonomous and transitional measure, of certain agriculturalconcessions 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 Regulation(EEC) No 2913/92 establishing the Community Customs Code(
8),
as last amended by Regulation (EC) No 993/2001(9), codified the
rules for administering tariff quotas designed to be used followingthe 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 — 01.11.2001 — 000.001 — 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 the EuropeanCommunity, 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 quotas and ceilings.
(3)Foradministrative reasons, a new serial number should be allotted
to each of the tariff quotas and ceilings concerned.
(4)To ensure effective management of certain quotas and ceilings
covered by this Regulation, a certificate testifying to the origin ofthe 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, thelevying 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 Regula-
tions should therefore be repealed with effect from the dates fromwhich the provisions of this Regulation apply.
(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 each marketing 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 under tariff quotas 09.5716 and 09.5732
shall be released into free circulation upon presentation of an EUR.1
movement certificate issued by the exporting country in accordance with
Protocol 4 to the Europe Agreement concluded with that country, oralternatively a declaration on the invoice issued in accordance with thatProtocol.
2. The products imported under tariff quota 09.0779 shall be released
into free circulation upon presentation of an EUR.1 movement2001R2133 — EN — 01.11.2001 — 000.001 — 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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certificate issued by the exporting country in accordance with Annex IV
to the bilateral agreement concluded with that country, or alternatively adeclaration on the invoice issued in accordance with that agreement.
3. The products imported under tariff quota 09.0689 shall be released
into free circulation upon presentation of an EUR.1 movement
certificate issued by the exporting country in accordance with AnnexIV to Protocol 3 to the Agreement between the European Community, ofthe one part, and the Government of Denmark and the HomeGovernment 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 ceilings
listed in Annex III to this Regulation shall be released into free
circulation upon presentation of an EUR.1 movement certificate or a
declaration on the invoice issued by the exporting country in accordancewith Protocol 1 to Annex V to the 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 duty shall be
conditional on importers lodging, in addition to any security requiredunder Article 248 of Regulation (EEC) No 2454/93, an import securityof EUR 5 per tonne with the competent customs authorities on the daythe declaration of release for free circulation is accepted.
2. The customs authorities shall take representative samples of each
import under tariff quota 09.0075 with a view to carrying out the
necessary tests to establish that the quality imported complies with the
quality 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 with a view to carrying out thenecessary 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 imported undereach quota which complies with the criteria referred to in paragraphs 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) No1249/96(
1), shall apply. The amount of
EUR 5 per tonne referred to in paragraph 1 shall be held back as apenalty
Article 4
1. The tariff quotas referred to in Article 1(1) and (2) shall be
administered 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 cooperation withthe Member States in accordance with Article 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 July 2002.
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 with effectfrom 1 January 2002.2001R2133 — EN — 01.11.2001 — 000.001 — 4
(1) OJ L 161, 29.6.1996, p. 125.
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Article 6
This Regulation shall enter into force on the day following its
publication 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 Article
1(2) and (3).
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2001R2133 — EN — 01.11.2001 — 000.001 — 5
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ANNEX I
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)
09.5716 2309 10 Dog or cat food,
put up for retail
sale15540(2) 20 % of MFN
dutyHungary
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 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.
(2) Annual increase from 1.7.2002: 1 415 tonnes.2001R2133 — EN — 01.11.2001 — 000.001 — 6
ANNEX II
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 fish 1 177 0 Norway
09.0689 ex 23099010
ex 23099031
ex 23099041Feedingstuffs for fish 10000 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 indicated, the p referential treatment is to be determined by the coverage of the CN code
and corresponding description taken together.▼B2001R2133 — EN — 01.11.2001 — 000.001 — 7
▼B
ANNEX III
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 beingdetermined, in the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption ofthis Regulation2001R2133 — EN — 01.11.2001 — 000.001 — 8
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ANNEX IV
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 — 01.11.2001 — 000.001 — 9