2002R2376 — EN — 01.04.2003 — 001.001 — 1
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►B COMMISSIONREGULATION(EC)No2376/2002
of27December 2002
opening and providing for the administration of a Community tariff quota for barley from third
countriesandderogatingfromCouncilRegulation(EC)No1766/92
(OJ L 358, 31.12.2002, p. 92)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 539/2003 of 26 March 2003 L 80 21 27.3.2003
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COMMISSIONREGULATION(EC)No2376/2002
of27December 2002
opening and providing for the administration of a Community
tariff quota for barley from third countries and derogating from
CouncilRegulation(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), aslas t
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 exchange
of Lettersbetween the European Community and the United Statesof
America, with a view to the modification of concessions with respectto cerealsprovided for in s chedule CXL annexed to the General Agree-ment on Tariffsand 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 Lettersbetween the European Community and Canada purs uant toArticle XXVIII of the General Agreement on Tariffsand Trade(GATT), with a view to the modification of concessions with respectto cerealsprovided for in EC s chedule CXL annexed to the GATT (
3),
and in particular Article 2 thereof,
Whereas:
(1)Following trade negotiations, the Community has changed the
conditionsfor the import of common wheat of low and medium
quality and of barley by creating import quotasfrom 1 January
2003. For barley, the Community hasdecided to replace thesystem of preference margins by two tariff quotas: a tariff quotaof 50 000 tonnesfor malting barley and a tariff quota of 300 000tonnesof barley, for which thisRegulation makesprovis ion.
(2)The opening of thisquota meansthat Regulation (EEC) No1766/92 hasto 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 period
expiring on the date of entry into force of the amendment to that
Regulation, but until 30 June 2003 at the latest.
(3)To ensure that imports of the barley covered by this tariff quota
are orderly and not speculative, they should be made subject to
the issue of import licences. The licences are to be issued, withinthe quantities set, at the request of the interested parties, subjectwhere appropriate to the fixing of a reduction coefficient inrespect of the quantities applied for.
(4)To ensure the proper management of this quota, deadlines for thelodging of licence applicationss hould be laid down and theinformation to be included in applicationsand licencess hould
be specified.
(5)To take account of supply conditions, a derogation should be
made concerning the period of validity of the licences.
(6)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 export2002R2376 — EN — 01.04.2003 — 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.
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licencesand advance fixing certificatesfor agricultural
products(1), aslas t amended by Regulation (EC) No 2299/
2001 (2), asregardsthe trans ferable nature of the licencesand
the tolerance relating to the quantitiesreleas ed into free circula-
tion.
(7)To ensure sound management of the quotas, 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 cereals
and rice (
3), aslas t amended by Regulation (EC) No 1322/
2002 (4).
(8)Rapid two-way communication should be established betweenthe Commission and the Member States regarding the quantitiesapplied for and imported.
(9)The measures provided for in this Regulation are in accordance
with 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 barley falling in CN code 1003 00 shall befixed in the framework of the quota opened by thisRegulation.
Article 10(1) of Regulation (EEC) No 1766/92 shall apply to imports
of the productsreferred to in thisRegulation in exces sof the quantityprovided for in Article 2.
Article 2
1. A tariff import quota of 300 000 tonnesfor barley falling in CN
code 1003 00 ishereby opened.
2. The tariff quota shall be opened on 1 January each year. Duties
on importswithin the tariff quota s hall be levied at a rate of EUR 16per tonne.
Article 3
All importsunder the quota referred to in Article 2(1) s hall 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
1. Applicationsfor import licencess hall be lodged with the compe-
tent authorities of the Member States no later than 13.00 (Brussels
time) every Monday.
Each licence application must be for a quantity that may not exceed the
quantity available for the import of the product concerned in the year
concerned.
2.►
M1No later than 18.00 hours Brussels time on the day of
lodging of licence applications, the competent authorities shall forward
to the Commission by fax a notification in accordance with the model
annexed hereto, and the total quantity resulting from the sum of allquantitiesindicated on the import licence applications . ◄2002R2376 — EN — 01.04.2003 — 001.001 — 3
(1) OJ L 152, 24.6.2000, p. 1.
(2) OJ L 308, 27.11.2001, p. 19.
(3) OJ L 117, 24.5.1995, p. 2.
(4) OJ L 194, 23.7.2002, p. 22.
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That information must be communicated separately from the informa-
tion on other import licence applicationsfor cereals .
3. If the total of the quantities since the start of the year and the
quantity referred to in paragraph 2 exceedsthe quota for the yearconcerned, the Commission shall set, no later than the third working
day after the applicationsare lodged, a s ingle reduction coefficient to
be applied to the quantitiesreques ted.
4. Without prejudice to paragraph 3, licences shall be issued on the
fourth working day following the day on which the application was
lodged. No later than 18.00 Brussels time on the day the licences areissued, the competent authorities shall fax the Commission, at thenumber mentioned in the Annex hereto, the total quantity resultingfrom the sum of the quantities for which import licences have beenissued that same day.
Article 6
Notwithstanding Article 9 of Regulation (EC) No 1291/2000, the rights
resulting from the import licences shall not be transferable.
Article 7
Notwithstanding Article 8(4) of Regulation (EC) No 1291/2000, the
quantity released into free circulation may not exceed that indicated insections 17 and 18 of the import licence. The figure ‘0’ shall beentered to that effect in section 19 of the licence.
Article 8
The import licence application and the import licence shall contain the
following information:
(a) in section 20, one of the following entries:
— Reglamento (CE) n
o2376/2002
— Forordning (EF) nr. 2376/2002
— Verordnung (EG) Nr. 2376/2002
—Κανονισµ óς(EK) αριθ. 2376 /2002
— Regulation (EC) No 2376/2002— Règlement (CE) n
o2376/2002
— Regolamento (CE) n. 2376/2002
— Verordening (EG) nr. 2376/2002
— Regulamento (CE) n.o2376/2002
— Asetus (EY) N:o 2376/2002
— Förordning (EG) nr 2376/2002
(b) in section 24, the words ‘EUR 16/tonne’.
Article 9
Notwithstanding Article 10(a) and (b) of Regulation (EC) No 1162/95,
the security for the import licences provided for in this Regulation shallbe EUR 30 per tonne.
Article 10
ThisRegulation s hall 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.
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.2002R2376 — EN — 01.04.2003 — 001.001 — 4
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ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.2002R2376 — EN — 01.04.2003 — 001.001 — 5
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ANNEX
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