EN Official Journal of the European Communities 31. 12. 98 L 358/72
COMMISSION REGULATION (EC) No 2857/98
of 30 December 1998
fixing the import duties in the cereals sector
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 organization of themarket in cereals (
1), as last amended by Commission
Regulation (EC) No 923/96 (2),
Having regard to Commission Regulation (EC) No 1249/
96 of 28 June 1996 laying down detailed rules for theapplication of Council Regulation (EEC) No 1766/92 asregards import duties in the cereals sector (
3), as last
amended by Regulation (EC) No 2519/98 (4), and in
particular Article 2 (1) thereof,
Whereas Article 10 of Regulation (EEC) No 1766/92
provides that the rates of duty in the Common CustomsTariff are to be charged on import of the productsreferred to in Article 1 of that Regulation; whereas,however, in the case of the products referred to in para-graph 2 of that Article, the import duty is to be equal tothe intervention price valid for such products onimportation and increased by 55 %, minus the cif importprice applicable to the consignment in question; however,that duty may not exceed the rate of duty in the CommonCustoms Tariff;
Whereas, pursuant to Article 10 (3) of Regulation (EEC)
No 1766/92, the cif import prices are calculated on thebasis of the representative prices for the product in ques-tion on the world market;
Whereas Regulation (EC) No 1249/96 lays down detailed
rules for the application of Council Regulation (EEC) No1766/92 as regards import duties in the cereals sector;Whereas the import duties are applicable until new duties
are fixed and enter into force; whereas they also remain inforce in cases where no quotation is available for thereference exchange referred to in Annex II to Regulation(EC) No 1249/96 during the two weeks preceding thenext periodical fixing;
Whereas, in order to allow the import duty system to
function normally, the representative market ratesrecorded during a reference period should be used forcalculating the duties;
Whereas application of Regulation (EC) No 1249/96
results in import duties being fixed as set out in theAnnex to this Regulation;
Whereas Article 2 of Council Regulation (EC) No 1103/
97 of 17 June 1997 on certain provisions relating to theintroduction of the euro (
5) provides that, as from 1
January 1999, all references to the ecu in legal instru-ments are to be replaced by references to the euro at therate of EUR 1 to ECU 1; whereas, for the sake of clarity,the denomination ‘euro' should be used in this Regula-tion since it is to apply from 1 January 1999,
HAS ADOPTED THIS REGULATION:
Article 1
The import duties in the cereals sector referred to in
Article 10 (2) of Regulation (EEC) No 1766/92 shall bethose fixed in Annex I to this Regulation on the basis ofthe information given in Annex II.
Article 2
This Regulation shall enter into force on 1 January 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 30 December 1998.
For the Commission
Karel VAN MIERT
Member of the Commission
(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 161, 29. 6. 1996, p. 125.
(4) OJ L 315, 25. 11. 1998, p. 7. (5) OJ L 162, 19. 6. 1997, p. 1.
EN Official Journal of the European Communities 31. 12. 98 L 358/73
ANNEX I
Import duties for the products covered by Article 10(2) of Regulation (EEC) No 1766/92
CN code DescriptionImport duty
by land inland waterway
or sea from
Mediterranean,
the Black Sea or
Baltic Sea ports (EUR/tonne)Import duty by air or
by sea from other
ports (2)
(EUR/tonne)
1001 10 00 Durum wheat high quality 55,52 45,52
medium quality (1) 65,52 55,52
1001 90 91 Common wheat seed 49,73 39,73
1001 90 99 Common high quality wheat other than for sowing (3) 49,73 39,73
medium quality 79,22 69,22
low quality 99,40 89,40
1002 00 00 Rye 108,75 98,75
1003 00 10 Barley, seed 108,75 98,75
1003 00 90 Barley, other (3) 108,75 98,75
1005 10 90 Maize seed other than hybrid 107,67 97,67
1005 90 00 Maize other than seed (3) 107,67 97,67
1007 00 90 Grain sorghum other than hybrids for sowing 108,75 98,75
(1) In the case of durum wheat not meeting the minimum quality requirements for durum wheat of medium quality, referred to in Annex I to Regulation (EC)
No 1249/96, the duty applicable is that fixed for low-quality common wheat.
(2) For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal (Article 2(4) of Regulation (EC) No 1249/96), the importer may benefit
from a reduction in the duty of:
— EUR 3 per tonne, where the port of unloading is on the Mediterranean Sea, or— EUR 2 per tonne, where the port of unloading is in Ireland, the United Kingdom, Denmark, Sweden, Finland or the Atlantic Coasts of the Iberian
Peninsula.
(
3) The importer may benefit from a flat-rate reduction of EUR 14 or 8 per tonne, where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/9 6
are met.
EN Official Journal of the European Communities 31. 12. 98 L 358/74
ANNEX II
Factors for calculating duties
(period from 15 December 1998 to 29 December 1998)
1. Averages over the two-week period preceding the day of fixing:
Exchange quotations Minneapolis Kansas-City Chicago Chicago Minneapolis Minneapolis Minneapolis
Product (% proteins at 12 % humidity) HRS2. 14 % HRW2. 11,5 % SRW2 YC3 HAD2 Medium
quality (*)US barley 2
Quotation (EUR/tonne) 112,21 99,10 87,24 73,91 129,94 119,94 76,72
Gulf premium (EUR/tonne) 25,57 10,20 1,88 6,94 — — —
Great Lakes premium (EUR/tonne) — — — — — — —
(*) A discount of EUR 10 per tonne (Article 4(1) of Regulation (EC) No 1249/96).
2. Freight/cost: Gulf of Mexico — Rotterdam: EUR 10,87 per tonne; Great Lakes — Rotterdam: EUR 21,10 per tonne.
3. Subsidy within the meaning of the third paragraph of Article 4(2) of Regulation (EC) No 1249/96: EUR 0,00 per tonne (HRW2)
EUR 0,00 per tonne (SRW2).