Commission Regulation (EC) No 2104/2001 of 26 October 2001 amending Regulation (EC) No 1249/96 on rules of application (cereals sector import duties) for Council Regulation (EEC) No 1766/92
Date: 2001-10-26
Institutions: European Commission
Subjects: CCT duties, cereals, import, import licence, stock-exchange listing

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EN

Official Journal of the European Communities

27.10.2001

COMMISSION REGULATION (EC) No 2104/2001

of 26 October 2001

amending Regulation (EC) No 1249/96 on rules of application (cereals sector import duties) for
Council Regulation (EEC) No 1766/92

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), as last amended by Regulation (EC) No 1666/2000 (2), and in particular Article
10(4) thereof,

Whereas:

(1)

(2)

(3)

Article 4 of Commission Regulation (EC) No 1249/96 (3), as last amended by Regulation (EC) No
2015/2001 (4), provides for a difference of EUR 10 per tonne with regard to the calculation of the
import duties on cereals imported overland or by river, or by sea on vessels from ports located in the
Mediterranean, Black Sea or Baltic Sea. That difference is based on transport costs that are consider-
ably less than those used for calculating import duties. On the basis of market information, it would
appear that the advantage of proximity is offset by logistical disadvantages created by transport,
in practice, freight costs over the long term are
storage and loading infrastructures and that,
equivalent. On the basis of experience, it appears that the existence of this supplementary import
duty has the effect of creating flow difficulties to the market. The reduction of EUR 10 per tonne
provided for in Article 4 should therefore be abolished. The situation will be reassessed before the
next marketing year.

Article 3 of and Annex I to Regulation (EC) No 1249/96 lay down the quality criteria to be respected
on imports to the Community. Commission Regulation (EEC) No 1908/84 (5), as last amended by
Regulation (EEC) No 2507/87 (6), laid down the reference methods for the determination of the
quality of cereals. This Regulation was repealed as a consequence of the abolition of the standard
qualities for cereals. It is therefore necessary to refer to the analytical methods laid down by
Commission Regulation (EC) No 824/2000 of 19 April 2000 establishing procedures for the
taking-over of cereals by intervention agencies and laying down methods of analysis for determining
the quality of cereals (7).

The footnote in Annex II lays down that where no quotation is available that can be used to calculate
a representative cif import price, fob quotations publicly available in the United States of America
may be used. However, that provision is difficult to apply, since internal transport costs in the USA
cannot be taken into account. The footnote must therefore be amended to take account of those
transport costs.

(4)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its
chairman,

HAS ADOPTED THIS REGULATION:

Regulation (EC) No 1249/96 is amended as follows:

1. Article 4(2) is replaced by the following:

Article 1

‘2.
The representative cif import prices for durum wheat, barley, maize and, in the case of common
wheat, for each standard quality shall be the sum of the components referred to in paragraph 1 (a), (b)
and (c).

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 161, 29.6.1996, p. 125.
(4) OJ L 272, 13.10.2001, p. 31.
(5) OJ L 178, 5.7.1984, p. 22.
(6) OJ L 235, 20.8.1987, p. 10.
(7) OJ L 100, 20.4.2000, p. 31.

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In cases where third countries grant subsidies on exports of medium or low quality common wheat to
European or Mediterranean basin countries so that world market prices can be undercut, the Commis-
sion may take account of those subsidies in establishing the representative cif price for importation into
the Community.’

2. The first table in Annex I is replaced by the following table:

‘Classification standards for imported products

(on the basis of a moisture content of 12 % by weight or equivalent)

Product

CN code

Common wheat and spelt (1) excluding
meslin

Durum wheat

Flint maize

1001 90

1001 10

1005 90 00

Maize other
than flint

Other grains

1005 10 90
and
1005 90 00

1002, 1003
and
1007 00 90

Quality (2)

High

Medium

Low

High

Medium

Low

1. Minimum
percentage

protein

14,0

11,5

2. Minimum specific weight

77,0

74,0

kg/hl

3. Maximum
percentage
satz)

impurity
(Schwarzbe-

1,5

1,5

4. Minimum vitreous grain

—

percentage

5. Maximum flotation index

—

—

—

—

—

—

—

—

—

—

76,0

76,0

1,5

1,5

75,0

62,0

—

—

—

—

—

—

—

—

76,0

—

95,0

25,0

—

—

—

—

—

—

—

—

—

—

(1) Including husked spelt.
(2) The methods of analysis laid down in Article 3 of Commission Regulation (EC) No 824/2000 (OJ L 100, 20.4.2000, p. 31) are applicable.’

3. The table in Annex II is replaced by the following:

‘Quotation exchanges and reference varieties

Product

Common wheat

Durum wheat

Maize

Other feed grains

Standard quality

High

Medium

Low

variety

Reference
(type/
grade) for exchange quota-
tion)

Hard Red Spring
No 2

Hard Red Winter
No 2

Soft Red Winter
No 2

Hard
Durum No 2

Amber

Yellow Corn No
3

US Barley No 2

Quotation exchange

Minneapolis
Grain Exchange

Kansas
City
Board of Trade

Chicago
of Trade

Board

Minneapolis
Grain
Exchange (1)

Chicago
of Trade

Board

Minneapolis Grain
Exchange (2)

(1) Where no quotation is available that can be used to calculate a respresentative cif import price, fob quotations publicly available in the USA will be used.
(2) Where no quotation is available that can be used to calculate a respresentative cif import price, fob quotations publicly available in the USA will be used. In such cases,

these quotations are increased by the amount corresponding to freight costs between the place of quotation and the Gulf of Mexico.’

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Official Journal of the European Communities

27.10.2001

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

It shall apply from 9 November 2001.

Article 2

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

Done at Brussels, 26 October 2001.

For the Commission

Franz FISCHLER

Member of the Commission