Commission Regulation (EC) No 2511/2000 of 15 November 2000 laying down detailed rules for the application of Council Regulation (EC) No 1727/2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products originating in Hungary, and amending Regulation (EC) No 1218/96
Date: 2000-11-15
Institutions: European Commission
Subjects: Hungary, cereals, import, import licence, originating product, tariff quota

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Official Journal of the European Communities

16.11.2000

COMMISSION REGULATION (EC) No 2511/2000

of 15 November 2000

laying down detailed rules for the application of Council Regulation (EC) No 1727/2000 estab-
lishing certain concessions in the form of Community tariff quotas for certain agricultural products
originating in Hungary, and amending Regulation (EC) No 1218/96

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1727/2000 of 31
July 2000 establishing certain concessions in the form of
Community tariff quotas for certain agricultural products and
providing for an adjustment, as an autonomous and trans-
itional measure, certain agricultural concessions provided for in
the Europe Agreement with Hungary (1), and in particular
Article 1(3) thereof,

Whereas:

(1)

(2)

(3)

In accordance with Regulation (EC) No 1727/2000, the
European Community has undertaken to establish for
each marketing year from 1 July 2000 import tariff
quotas at a zero rate of duty for 400 000 tonnes of
medium or high quality wheat meeting the criteria laid
down in Commission Regulation (EC) No 1249/96 (2), as
last amended by Regulation (EC) No 2235/2000 (3), and
of 2 500 tonnes of barley for brewing. These quantities
will
increase at the start of each marketing year by
40 000 and 250 tonnes respectively relative to the
quantities laid down for the preceding year.

To ensure that imports of the cereal products covered by
these tariff quotas are orderly and not speculative, they
should be made subject to the issue of import licences.
The licences will be issued, within the quantities set, at
the request of the interested parties after a period of
reflection and subject, where appropriate, to the fixing
of a reduction coefficient in respect of the quantities
applied for.

To ensure the proper management of
these quotas,
deadlines for lodging licence applications should be laid
down and, notwithstanding Articles 8 and 19 of
Commission Regulation (EC) No 1291/2000 of 9 June
the
2000 laying down common detailed rules for

(1) OJ L 198, 4.8.2000, p. 6.
(2) OJ L 161, 29.6.1996, p. 125.
(3) OJ L 256, 10.10.2000, p. 13.

(4)

(5)

(6)

(7)

(8)

(9)

application of the system of import and export licences
and advance fixing certificates for agricultural prod-
ucts (4), the information to be included in the applica-
tions and licences should be specified.

the import
To take account of delivery conditions,
licences should be valid from the day of their issue until
the end of the month following that in which they are
issued.

To ensure efficient management of the quota, the import
licences should not be transferable and the import
licence security should be fixed at a relatively high level,
notwithstanding Article 10 of Commission Regulation
(EC) No 1162/95 (5), as last amended by Regulation (EC)
No 2110/2000 (6).

For the same reasons rapid two-way communication
must be established between the Commission and the
Member States regarding the quantities applied for and
imported.

In accordance with the instructions laid down in Annex
A(b) to Regulation (EC) No 1727/2000, wheat imported
under this quota must be of medium or high quality as
destined in Regulation (EC) No 1249/96. Provisions
should accordingly be laid down, in particular the lodge-
ment of a specific security, to ensure that the quality of
the imported product meets these conditions.

The import duties on high- or medium-quality wheat
within the meaning of Regulation (EC) No 1249/96
originating in Hungary listed in point I of the Annex to
Commission Regulation (EC) No 1218/96 (7), as last
amended by Regulation (EC) No 32/98 (8), as worded
before the entry into force of
this Regulation and
imported under licences applied for on or after 1 July
2000 are reimbursed in accordance with Articles 878 to
898 of Commission Regulation (EEC) No 2454/93 of 2
July 1993 laying down provisions for the implementa-
tion of Council Regulation (EEC) No 2913/92 estab-
lishing the Community Customs Code (9),
last
as
amended by Regulation (EC) No 1602/2000 (10).

Commission Regulation (EC) No 1218/96 lays down
detailed rules applying to the import of certain cereals
originating in the Republic of Hungary under quotas
opened by Council Regulation (EC) No 3066/95 (11), as
last amended by Regulation (EC) No 2435/98 (12). As
these provisions are no longer necessary. Regulation (EC)
No 1218/96 should be amended to delete them.

(4) OJ L 152, 24.6.2000, p. 1.
(5) OJ L 117, 24.5.1995, p. 2.
(6) OJ L 250, 5.10.2000, p. 23.
(7) OJ L 161, 29.6.1996, p. 51.
(8) OJ L 5, 9.1.1998, p. 4.
(9) OJ L 253, 11.10.1993, p. 1.
(10) OJ L 188, 26.7.2000, p. 1.
(11) OJ L 328, 30.12.1995, p. 31.
(12) OJ L 303, 13.11.1998, p. 1.

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(10)

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 of durum wheat

falling within CN code
1.
ex 1001 10 00 or common wheat
falling within CN code
ex 1001 90 99 originating in Hungary and of medium or high
quality in accordance with Annex I to Regulation (EC) No
1249/96 and benefiting from zero import duty in accordance
with Regulation (EC) No 1727/2000 introducing a tariff quota
for that product (serial number 09.4718), shall be subject to
the presentation of an import licence issued in accordance with
this Regulation.

2.
Imports of barley falling within CN code ex 1003 00 90
originating in Hungary, intended for brewing and benefiting
from zero import duty in accordance with Regulation (EC) No
1727/2000 introducing a tariff quota for that product (serial
number 09.4762), shall be subject to the presentation of an
import
licence certificate issued in accordance with this
Regulation.

The products referred to in this Article shall be released
3.
into free circulation upon presentation of an EUR.1 movement
certificate issued by the exporting country in accordance with
Protocol 4 of
the Europe Agreement concluded with that
country, or alternatively an invoice declaration on the invoice
provided by the exporter in accordance with that Protocol.

tion coefficient to be applied to the quantities requested on the
day in question.

4. Without prejudice to paragraph 3, licences shall be issued
on the fifth working day following the day on which the
application was lodged. No later than 6 p.m. Brussels time on
the same day, the competent authorities shall fax the Commis-
sion (number (00-32) 2 295 25 15 the total quantity resulting
from the sum of the quantities indicated on the import licence
applications.

5.
In accordance with Article 23(2) of Regulation (EC) No
1291/2000, the period of validity of the licence shall be calcu-
lated from the actual date of issue.

Article 3

In the case of durum and common wheat, Article 6 of
Regulation (EC) No 1249/96 shall apply for the purposes of
releasing the specific security referred to in Article 2(1)(b) of
this Regulation.

Article 4

Notwithstanding Article 6(1) of Regulation (EC) No 1162/95,
import licences shall be valid until the end of the month
following the month in which they were issued.

Article 5

Notwithstanding Article 9 of Regulation (EC) No 1291/2000,
the rights resulting from the import
licences shall not be
transferable.

Article 2

Article 6

Applications for import licences shall be lodged with the
1.
competent authorities of
the Member States no later than
13.00 h Brussels time on the second Monday of each month.
Each licence application must be for a quantity not exceeding
the quantity available for the import of the relevant product in
the marketing year concerned.

Applications for import licences for common or durum wheat
shall be subject to the conditions laid down in Article 5 of
including the requirement to
Regulation (EC) No 1249/96,
lodge a specific security on the day the declaration of release
into free circulation is accepted.

No later than 18.00 h Brussels time on the same day, the
2.
fax the Commission (number
competent authorities
(0032) 2 295 25 15),
in the
Annex hereto, the total quantity resulting from the sum of the
quantities indicated on the import licence applications.

in accordance with the model

shall

This information shall be notified separately from that relating
to other applications for cereal import licences and must quote
the number and title of this Regulation, in accordance with the
model annexed hereto.

3.
If the total of the quantities for each product concerned
since the start of the marketing year and those applied for on a
particular day exceeds 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 reduc-

Notwithstanding Article 8(4) of Regulation (EC) No 1291/
2000,
the quantity released into free circulation may not
exceed that indicated in boxes 17 and 18 of the import licence.
The figure ‘0’ shall be entered to that effect in box 19 of the
licence.

Article 7

The import licence application and the import licence shall
contain the following information:

(a) in box 8, the name of the country of origin; import from
Hungary is compulsory under the terms of the licence;

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

— Reglamento (CE) no 2511/2000
— Forordning (EF) nr. 2511/2000
— Verordnung (EG) Nr. 2511/2000
— Κανονισµος (ΕΚ) αριθ. 2511/2000
— Regulation (EC) No 2511/2000
— Règlement (CE) no 2511/2000
— Regolamento (CE) n. 2511/2000
— Verordening (EG) nr. 2511/2000
— Regulamento (CE) n.o 2511/2000
— Asetus (EY) N:o 2511/2000
— Förordning (EG) nr 2511/2000;

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(c) in box 24, the applicable rate of import duty,

i.e.

‘zero

duty’.

Czech Republic,
Bulgaria and Romania’.

the Slovak Republic,

the Republic of

Article 8

2. The first paragraph of Article 1 is replaced by:

Notwithstanding Article 10(a) and (b) of Regulation (EC) No
1162/95, the security for the import licences provided for in
this Regulation shall be EUR 30 per tonne.

Article 9

Regulation (EC) No 1218/96 is amended as follows:

1. The Title is replaced by the following:

‘Commission Regulation (EC) No 1218/96 of 28 June 1996
on partial import duty exemption for certain cereals sector
products as provided for in the Agreements between the
the
European Community and the Republic of Poland,

‘Products as listed in the Annex to this Regulation that
originate in the Republic of Poland, the Czech Republic, the
Slovak Republic, the Republic of Bulgaria or Romania shall
qualify for part-exemption from import duty for
the
quantity and at the rate of reduction or duty level specified
therein.’

3. Point 1 of the Annex is deleted.

Article 10

This Regulation shall enter into force on the 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, 15 November 2000.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

MODEL OF THE NOTIFICATION REFERRED TO IN ARTICLE 2(2)

Import quotas for wheat and barley from the Republic of Hungary opened by Regulation (EC) No 1727/2000

Cereal

Serial number of the quota

Quantity applied for
(tonnes)

Common wheat CN ex 1001 90 99

09.4718

Durum wheat CN ex 1001 10 00

09.4718

Barley CN ex 1003 90 00

09.4762