Commission Regulation (EC) No 2809/2000 of 20 December 2000 laying down detailed rules for the application, for cereals sector products, of Regulations (EC) No 2290/2000, (EC) No 2433/2000, (EC) No 2434/2000 and (EC) No 2435/2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products originating in the Republic of Bulgaria, the Czech Republic, the Slovak Republic and Romania respectively and amending Regulation (EC) No 1218/96
Date: 2000-12-20
Institutions: European Commission
Subjects: CCT duties, Central and Eastern Europe, agricultural product, cereals, tariff quota, tariff reduction

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 2809/2000

of 20 December 2000

laying down detailed rules for the application, for cereals sector products, of Regulations (EC) No
2290/2000, (EC) No 2433/2000, (EC) No 2434/2000 and (EC) No 2435/2000 establishing certain
concessions in the form of Community tariff quotas for certain agricultural products originating in
the Republic of Bulgaria, the Czech Republic, the Slovak Republic and Romania respectively 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 Regulations (EC) No 2290/2000 (1),
(EC) No 2433/2000 (2), (EC) No 2434/2000 (3) and (EC) No
2435/2000 (4) 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, of certain agricultural concessions provided for
in the Europe Agreements with the Republic of Bulgaria, the
Czech Republic, the Slovak Republic and Romania respectively,
and in particular Article 1(3) thereof,

Whereas:

(1)

(2)

In accordance with Regulations (EC) No 2290/2000,
(EC) No 2433/2000, (EC) No 2434/2000 and (EC) No
2435/2000, the European Community has undertaken
to establish for each marketing year from 1 July 2000
import tariff quotas at a reduced or zero rate of duty for
2 750 tonnes of common wheat (serial No 09.4663)
and 1 750 tonnes of millet (serial No 09.4664) origin-
ating in the Republic of Bulgaria, 34 250 tonnes of
barley for the production of malt (serial No 09.4617),
16 875 tonnes of wheat flour (serial No 09.4618) and
45 250 tonnes of malt, not roasted, other than of wheat
(serial No 09.4619) originating in the Czech Republic,
17 000 tonnes of barley for the production of malt
(serial No 09.4617), 16 875 tonnes of wheat flour (serial
No 09.4618) and 18 125 tonnes of malt, not roasted,
other than of wheat (serial No 09.4619) originating in
the Slovak Republic, and 25 000 tonnes of common
wheat
(serial No 09.4759) originating in Romania
respectively.

Regulations (EC) No 2290/2000, (EC) No 2433/2000,
(EC) No 2434/2000 and (EC) No 2435/2000 lay down
that some of these quotas are to be administered in
accordance with Articles 308a, 308b and 308c of
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 (5), as last amended by Regu-

(3)

(4)

(5)

(6)

(7)

lation (EC) No 1602/2000 (6). In the interest of simplifi-
cation and taking into account the small volume of
quotas for products originating in the Republic of
Bulgaria, the above provisions of Regulation (EEC) No
2454/93 should also be applied to these quotas.

to the issue of

To ensure that imports of the cereals sector products
covered by the Czech, Slovak and Romanian tariff
quotas are orderly and not speculative, they should be
made subject
licences. The
licences will be issued, within the quantities set, at the
request of the interested parties after a period of reflec-
tion and subject, where appropriate, to the fixing of a
reduction coefficient in respect of the quantities applied
for.

import

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
2000 laying down common detailed rules for
the
application of the system of import and export licences
and advance fixing certificates for agricultural prod-
ucts (7), the information to be included in the applica-
tions and licences should be specified.

To take account of delivery conditions,
the import
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 of 23 May 1995 laying down special
detailed rules for the application of the system of import
and export
licences for cereals and rice (8), as last
amended by Regulation (EC) No 2110/2000 (9).

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.

(1) OJ L 262, 17.10.2000, p. 1.
(2) OJ L 280, 4.11.2000, p. 1.
(3) OJ L 280, 4.11.2000, p. 9.
(4) OJ L 280, 4.11.2000, p. 17.
(5) OJ L 253, 11.10.1993, p. 1.

(6) OJ L 188, 26.7.2000, p. 1.
(7) OJ L 152, 24.6.2000, p. 1.
(8) OJ L 117, 24.5.1995, p. 2.
(9) OJ L 250, 5.10.2000, p. 23.

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(8)

(9)

The import duties on products falling within CN codes
1107 10 19 and 1001 90 99 (serial No 09.4619 for the
Czech Republic and the Slovak Republic and serial No
09.4759 for Romania) listed in points II, III and VI of
the Annex to Commission Regulation (EC) No 1218/
96 (1), as last amended by Regulation (EC) No 2511/
2000 (2), 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 Regulation (EEC) No 2454/93.

Regulation (EC) No 1218/96 lays down detailed rules
applying to the import of certain cereals originating in
the Republic of Bulgaria, the Czech Republic, the Slovak
Republic and Romania under quotas opened by Council
Regulation (EC) No 3066/95 (3), as last amended by
Regulation (EC) No 2435/98 (4). As these provisions are
no longer necessary, Regulation (EC) No 1218/96
should be amended to delete them.

(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 common wheat falling within CN code 1001 90 99
(serial No 09.4663) and of millet
falling within CN code
1008 20 00 (serial No 09.4664) originating in the Republic of
Bulgaria shall be administered by the Commission in accord-
ance with Articles 308a, 308b and 308c of Regulation (EEC)
No 2454/93.

Article 2

Imports of the products listed in Annex I to this Regulation
originating in the Czech Republic, the Slovak Republic and the
Republic of Romania and qualifying for partial or total exemp-
tion from import duty for the quantity and at the rate of
reduction or duty level specified therein shall be subject to the
presentation of an import licence issued in accordance with
this Regulation.

country, or alternatively a declaration on the invoice provided
by the exporter in accordance with that Protocol.

Article 4

1.
Applications for import licences for the products referred
to in Article 2 shall be lodged with the competent authorities
of the Member States no later than 1 p.m. 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
in the marketing year
concerned.

relevant product

the

2.
No later than 6 p.m. Brussels time on the same day, the
competent authorities shall fax the Commission (fax No (32-2)
295 25 15), in accordance with the model in Annex II hereto,
the total quantity resulting from the sum of the quantities
indicated on the import licence applications.

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 shown in Annex II.

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-
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 that on which the applica-
tion was lodged. No later than 6 p.m. Brussels time on the
same day, the competent authorities shall fax the Commission
(fax No (32-2) 295 25 15) the total quantity resulting from the
sum of the quantities indicated on the import licence applica-
tions.

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 5

Article 3

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.

The products referred to in Articles 1 and 2 shall be released
into free circulation upon presentation of an EUR.1 movement
certificate issued by the exporting country in accordance with
the Europe Agreement concluded with that
Protocol 4 of

Article 6

(1) OJ L 161, 29.6.1996, p. 51.
(2) OJ L 289, 16.11.2000, p. 18.
(3) OJ L 328, 30.12.1995, p. 31.
(4) OJ L 303, 13.11.1998, p. 1.

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

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Article 7

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

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 9

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 8

Article 10

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
that country is compulsory under the terms of the licence;

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

— Reglamento (CE) no 2809/2000
— Forordning (EF) nr. 2809/2000
— Verordnung (EG) Nr. 2809/2000
— Κανονισµός (ΕΚ) αριθ. 2809/2000
— Regulation (EC) No 2809/2000
— Règlement (CE) no 2809/2000
— Regolamento (CE) n. 2809/2000
— Verordening (EG) nr. 2809/2000
— Regulamento (CE) n.o 2809/2000
— Asetus (EY) n:o 2809/2000
— Förordning (EG) nr 2809/2000

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 Agreement between the
European Community and the Republic of Poland’.

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

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

3. Points II, III, V and VI of the Annex are deleted.

Article 11

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, 20 December 2000.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

(MFN: most-favoured nation)

Country of origin

CN code

Serial number of
the quota

Description

Rate of duty applicable

Annual quantity from
1.7.2000 to 30.6.2001
(tonnes)

Annual increase in
quantities from
1.7.2001
(tonnes)

Czech Republic

ex 1003 00 90

09.4617

Barley, for the produc-
tion of malt

20 % of MFN

34 250

1101 00

09.4618

Wheat flour

20 % of MFN

1107 10 99

09.4619

Malt, not roasted, other
than of wheat

Free

16 875

45 250

Slovak Republic

ex 1003 00 90

09.4617

Barley, for the produc-
tion of malt

20 % of MFN

17 000

1101 00

09.4618

Wheat flour

20 % of MFN

1107 10 99

09.4619

Malt, not roasted, other
than of wheat

Republic of Romania

1001 90 91
1001 90 99

09.4759

Common wheat

Free

Free

16 875

18 125

25 000

2 500

0

0

0

0

0

0

ANNEX II

Model of the notification referred to in Article 4(2)

Description of product

CN code

Serial number of the
quota

Country of origin

Quantity applied for
(tonnes)