Commission Regulation (EC) No 2809/98 of 22 December 1998 laying down detailed rules for the application in the cereals sector of Council Regulation (EC) No 1706/98 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States)
Date: 1998-12-22
Institutions: European Commission
Subjects: ACP countries, agro-industry, cereals, import licence, originating product, quantitative restriction

24. 12. 98

EN

Official Journal of the European Communities

L 349/41

COMMISSION REGULATION (EC) No 2809/98

of 22 December 1998

laying down detailed rules for the application in the cereals sector of Council
Regulation (EC) No 1706/98 on the arrangements applicable to agricultural prod-
ucts and goods resulting from the processing of agricultural products originating
in the African, Caribbean and Pacific States (ACP States)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1706/98 of
20 July 1998 on the arrangements applicable to agricul-
tural products and goods resulting from the processing of
agricultural products originating in the African, Carib-
bean and Pacific States (ACP States) and repealing Regula-
tion (EEC) No 715/90 (1), and in particular Article 30
thereof,

Whereas pursuant to Article 12 of Regulation (EC) No
1706/98 certain products in the cereals sector originating
in ACP countries are to be imported into the Community
with total or partial exemption from common customs
tariff duties within the limit of certain annual ceilings;

Whereas detailed rules
arrangements should be laid down;

for

the application of

those

Whereas the detailed rules should be either in addition to
or
replace the provisions of Commission Regulation
(EEC) No 3719/88 of 16 November 1988 laying down
common detailed rules for the application of the system
of import and export licences and advance fixing certi-
ficates for agricultural products (2), as last amended by
Regulation (EC) No 1044/98 (3), or the provisions 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 licences for cereals and
rice (4), as last amended by Regulation (EC) No 444/98 (5);

Whereas it should be laid down that import licences for
the products in question within the quantities set are to
be issued after a period for reflection and subject, where
applicable, to the fixing of a single percentage reduction
in the quantities applied for; whereas where a single
percentage reduction is applied, operators may withdraw
their applications;

Whereas the details to be included in applications and
licences notwithstanding Articles 8 and 21 of Regulation
(EEC) No 3719/88 should be specified;

Whereas to ensure effective management of the arrange-
ments, the security relating to import licences, notwith-
standing Article 10 of Regulation (EC) No 1162/95
should be ECU 25 per tonne; whereas, in order to avoid
speculation, rights arising from import licences should
not be transferable;

Whereas it should be pointed out that the partial reim-
bursement of import duties resulting from the reduction
in duties applicable from 1 January 1996 is to be in
accordance with Council Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs
Code (6), as last amended by Regulation (EC) No 82/97 (7),
and Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of
Council Regulation (EEC) No 2913/93 establishing the
Community Customs Code (8), as last amended by Regu-
lation (EC) No 1677/98 (9);

Whereas Commission Regulation (EEC) No 865/90 of 4
April 1990 laying down detailed rules for the application
of the special arrangements for imports of grain sorghum
and millet originating in the African, Caribbean and
Pacific States (ACP) or in the overseas countries and ter-
ritories (OCT) (10), as last amended by Regulation (EC) No
1575/98 (11), should be repealed;

Whereas 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

Imports

1.
the products
into the Community of
referred to in Article 12 of Regulation (EC) No 1706/98
shall be subject, where appropriate within quantitative
limits, to reductions in or exemptions from the customs
duties fixed in that Article, as set out in the Annex hereto,
on presentation of an import licence issued in accordance
with the conditions laid down in this Regulation.

(1) OJ L 215, 1. 8. 1998, p. 12.
(2) OJ L 331, 2. 12. 1988, p. 1.
(3) OJ L 149, 20. 5. 1998, p. 11.
(4) OJ L 117, 24. 5. 1995, p. 2.
(5) OJ L 56, 26. 2. 1998, p. 12.

(6) OJ L 302, 19. 10. 1992, p. 1.
(7) OJ L 17, 21. 1. 1997, p. 1.
(8) OJ L 253, 11. 10. 1993, p. 1.
(9) OJ L 212, 30. 7. 1998, p. 18.
(10) OJ L 90, 5. 4. 1990, p. 16.
(11) OJ L 206, 23. 7. 1998, p. 13.

L 349/42

EN

Official Journal of the European Communities

24. 12. 98

2.
Such products shall qualify for reductions or exemp-
tions on presentation, at the time they are put into free
circulation, of
the EUR 1 certificate issued by the
competent authorities of the exporting country in accord-
ance with Protocol 1 to the ACP-EC Convention.

Article 4

Import licence applications shall contain the following
details:

(a)

in box 8, the name of the country of origin of the
product;

Article 2

(b) in box 20, one of the following entries:

Import licence applications shall be lodged with the
1.
competent authorities in any Member State on the second
Monday of each month not later than 1 p.m.
(Brussels
time).

For products subject to quantitative restrictions, licence
applications may not relate to a quantity exceeding the
quantity available for import of the product in question
for
applications
year
exceeding such quantity shall be inadmissible.

concerned. All

calendar

the

2. Member States shall forward import licence applica-
tions to the Commission by telex or by fax not later than
(Brussels time) on the day they are submitted.
6 p.m.

That information must be communicated separately from
that
for
cereals.

licence applications

regarding other

import

3.
If import licence applications exceed the quantities
set in the Annex for the product concerned, the Commis-
sion shall fix a single reduction coefficient applicable to
each application not later than the third working day
following the date of submission of the applications.

The licence application may be withdrawn within one
working day of the date on which the reduction coeffi-
cient is fixed.

Licences shall be issued on the fifth working day

4.
following the date of submission of the application.

5. Notwithstanding Article 21(1) of Regulation (EEC)
No 3719/88, the period of validity of the licence shall be
calculated from its actual date of issue.

— Reglamento (CE) no 2809/98
— Forordning (EF) nr. 2809/98
— Verordnung (EG) Nr. 2809/98
— Jamomisl(cid:149)r (EJ) aqih. 2809/98
— Regulation (EC) No 2809/98
— Règlement (CE) no 2809/98
— Regolamento (CE) n. 2809/98
— Verordening (EG) nr. 2809/98
— Regulamento (CE) nº 2809/98
— Asetus (EY) N:o 2809/98
— Förordning (EG) nr 2809/98.

Licences shall entail an obligation to import from the said
country.

Import licences shall also contain, in box 24, the rate of
reduction in the import duty applicable or, where appro-
priate, the amount of reduction applicable to the import
duty.

Article 5

Notwithstanding Article 10(a) and (b) of Regulation (EC)
No 1162/95,
licences
provided for in this Regulation shall be ECU 25 per
tonne.

the security relating to import

Article 6

Regulation (EEC) No 865/90 is hereby repealed.

Article 3

Article 7

Notwithstanding Article 9 of Regulation (EEC) No 3719/
88, rights arising from import licences shall not be trans-
ferable.

This Regulation shall enter into force on the third day
following its publication in the Official Journal of the
European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 22 December 1998.

For the Commission
Franz FISCHLER

Member of the Commission

24. 12. 98

EN

Official Journal of the European Communities

L 349/43

ANNEX

Serial
No

CN code

Description

Annual quantity
(tonnes)

Rate of reduc-
tion applicable
to import duty
(%)

Amount of
reduction appli-
cable to the
import duty
(ECU/t)

0709 90 60

0712 90 19

1005 10 90

1005 90 00

Sweet corn

Maize seed

Other maize

Unlimited

—

1,81

09.3904

1007 00

Grain sorghum

100 000

60

09.3905

1008 20 00

Millet

60 000

Exemption

1101 00

Wheat or meslin flour

Unlimited

16

—

—

—

1102 10 00

Rye flour

1103 11

Groats and meal (wheat)

1103 21 00

Pellets (wheat)

09.4098

1001 10 00

Durum wheat

15 000

50

—

09.4098

1001 90 91

Common wheat and meslin
seed

09.4098

1001 90 99

Other wheat

09.4098

1002 00 00

09.4098

1003 00

09.4098

1004 00 00

09.4098

1008

Rye

Barley

Oats

Buckwheat,
canary seed; other cereals

millet

and

For products falling within CN codes 1001, 1002, 1003, 1005 and 1007 the reduction applies to the import duty obtained by
applying Regulation (EC) No 1249/96.