Commission Regulation (EC) No 2133/2001 of 30 October 2001 opening and providing for the administration of certain Community tariff quotas and tariff ceilings in the cereals sector and repealing Regulations (EC) No 1897/94, (EC) No 306/96, (EC) No 1827/96, (EC) No 1970/96, (EC) No 1405/97, (EC) No 1406/97, (EC) No 2492/98, (EC) No 2809/98 and (EC) No 778/1999
Date: 2001-10-30
Institutions: European Commission
Subjects: cereal product, cereals, tariff ceiling, tariff quota

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 2133/2001

of 30 October 2001

opening and providing for the administration of certain Community tariff quotas and tariff ceilings
in the cereals sector and repealing Regulations (EC) No 1897/94, (EC) No 306/96, (EC) No 1827/96,
(EC) No 1970/96, (EC) No 1405/97, (EC) No 1406/97, (EC) No 2492/98, (EC) No 2809/98 and (EC)
No 778/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

in the Europe Agreement with Bulgaria (7), and in particular
Article 1(3) thereof,

Having regard to the Treaty establishing the European
Community,

Whereas:

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 12(1) thereof,

Having regard to Council Decision 95/582/EC of 20 December
1995 on the conclusion of the Agreements in the form of
Exchanges of Letters between the European Community, of the
one part, and the Republic of Iceland, the Kingdom of Norway
and the Swiss Confederation, of the other part, concerning
certain agricultural products (3), and in particular Article 2
thereof,

Having regard to Council Regulation (EC) No 1095/96 of 18
June 1996 on the implementation of the concessions set out in
Schedule CXL drawn up in the wake of the conclusion of the
GATT XXIV.6 negotiations (4), and in particular Article 1
thereof,

Having regard to Council Regulation (EC) No 1706/98 of 20
July 1998 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) and repealing Regulation (EEC) No 715/
90 (5), and in particular Article 30 thereof,

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, of certain agricultural concessions provided for
in the Europe Agreement with Hungary (6), and in particular
Article 1(3) thereof,

Having regard to Council Regulation (EC) No 2290/2000 of 9
October 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, of certain agricultural concessions provided for

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 327, 30.12.1995, p. 17.
(4) OJ L 146, 20.6.1996, p. 1.
(5) OJ L 215, 1.8.1998, p. 12.
(6) OJ L 198, 4.8.2000, p. 6.

(1)

(2)

(3)

(4)

(5)

(6)

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 (8), as last amended by Regu-
lation (EC) No 993/2001 (9), codified the rules for
administering tariff quotas designed to be used following
the chronological order of dates of customs declarations
and for surveillance of preferential

imports.

In the interests of simplification and in view of the small
volume of some of the quotas and ceilings provided for
in Decision 95/582/EC, Council Decision 97/126/EC of
6 December 1996 concerning the conclusion of an
agreement between the European Community, of the
one part, and the Government of Denmark and the
Home Government of the Faroe Islands, of the other
part (10) and Council Regulations (EC) No 1095/96, (EC)
No 1706/98, (EC) No 1727/2000 and (EC) No 2290/
2000, Regulation (EEC) No 2454/93 should also apply
to those quotas and ceilings.

For administrative reasons, a new serial number should
be allotted to each of the tariff quotas and ceilings
concerned.

To ensure effective management of certain quotas and
ceilings covered by this Regulation, a certificate testi-
fying to the origin of the goods should be required

In view of the quality of wheat required for quota Nos
09.0074 and 09.0075, the customs authorities should
check compliance with the quality requirements before
granting entitlement to the quota. To ensure that these
quotas are managed effectively, a system of securities
should be introduced.

If the ceilings covered by this Regulation are reached
during a given year, the Commission may re-introduce,
by Regulation, the levying of normal customs duties
reduced by 50 %.

(7) OJ L 262, 17.10.2000, p. 1.
(8) OJ L 253, 11.10.1993, p. 1.
(9) OJ L 141, 28.5.2001, p. 1.
(10) OJ L 53, 22.2.1997, p. 1.

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(7)

Application of Regulation (EEC) No 2454/93 to these
quotas and ceilings makes unnecessary the detailed
implementing rules
relating thereto laid down in
Commission Regulations (EC) No 1897/94 (1), (EC) No
306/96 (2), (EC) No 1827/96 (3), 1970/96 (4), (EC) No
(EC) No 2492/
1405/97 (5),
98 (7), (EC) No 2809/98 (8) and (EC) No 778/1999 (9).
Those Regulations should therefore be repealed with
effect from the dates from which the provisions of this
Regulation apply.

(EC) No 1406/97 (6),

(8)

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

The products imported under tariff quota 09.0689 shall
3.
be released into free circulation upon presentation of an EUR.1
movement certificate issued by the exporting country in
accordance with Annex IV to Protocol 3 to the Agreement
between the European Community, of the one part, and the
Government of Denmark and the Home Government of the
Faroe Islands, of the other part, or alternatively a declaration on
the invoice issued in accordance with that Agreement.

4.
Products imported under tariff quota 09.1633 and the
tariff ceilings listed in Annex III to this Regulation shall be
released into free circulation upon presentation of an EUR.1
movement certificate or a declaration on the invoice issued by
the exporting country in accordance with Protocol 1 to Annex
V to the ACP-EC Convention.

HAS ADOPTED THIS REGULATION:

Article 1

The tariff quotas listed in Annex I shall be opened from 1
1.
July to 30 June for each marketing year from 1 July 2002.

The tariff quotas listed in Annex II shall be opened for

2.
each calendar year from 1 January 2002.

The tariff ceilings listed in Annex III shall be opened for

3.
each calendar year from 1 January 2002.

Article 2

1.
The products imported under tariff quotas 09.5716 and
09.5732 shall be released into free circulation upon presenta-
tion of an EUR.1 movement certificate issued by the exporting
country in accordance with Protocol 4 to the Europe Agree-
ment concluded with that country, or alternatively a declara-
tion on the invoice issued in accordance with that Protocol.

2.
The products imported under tariff quota 09.0779 shall
be released into free circulation upon presentation of an EUR.1
movement certificate issued by the exporting country in
accordance with Annex IV to the bilateral agreement concluded
with that country, or alternatively a declaration on the invoice
issued in accordance with that agreement.

(1) OJ L 194, 29.7.1994, p. 4.
(2) OJ L 43, 21.2.1996, p. 1.
(3) OJ L 241, 21.9.1996, p. 23.
(4) OJ L 261, 15.10.1996, p. 34.
(5) OJ L 194, 23.7.1997, p. 7.
(6) OJ L 194, 23.7.1997, p. 10.
(7) OJ L 309, 19.11.1998, p. 35.
(8) OJ L 349, 24.12.1998, p. 41.
(9) OJ L 101, 16.4.1999, p. 36.

Article 3

In order to ensure the quality of the products imported
1.
under tariff quotas 09.0074 and 09.0075, eligibility for the
zero import duty shall be conditional on importers lodging, in
addition to any security required under Article 248 of Regula-
tion (EEC) No 2454/93, an import security of EUR 5 per tonne
with the competent customs authorities on the day the declara-
tion of release for free circulation is accepted.

2.
The customs authorities shall take representative samples
of each import under tariff quota 09.0075 with a view to
carrying out the necessary tests to establish that the quality
imported complies with the quality criteria referred to in
Annex IV. If the quality is inadequate, access to the quota shall
be refused.

3.
The customs authorities shall take representative samples
of each import under tariff quota 09.0074 with a view to
carrying out the necessary tests to establish that the vitreous
grain content is 73 % or more. If the quality is inadequate,
access to the quota shall be refused.

The import security of EUR 5 per tonne referred to in
4.
paragraph 1 shall be released in respect of the quantity of
products imported under each quota which complies with the
criteria referred to in paragraphs 2 and 3, as the case may be.
Should the tests referred to in paragraphs 2 and 3 show that
is below standard,
the quality of
Commission Regulation (EC) No 1249/96 (10), shall apply. The
amount of EUR 5 per tonne referred to in paragraph 1 shall be
held back as a penalty

the imported product

(10) OJ L 161, 29.6.1996, p. 125.

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Article 4

1.
The tariff quotas referred to in Article 1(1) and (2) shall
be administered by the Commission in accordance with
Articles 308a, 308b and 308c of Regulation (EEC) No 2454/
93.

2.
The tariff ceilings referred to in Article 1(3) shall be the
subject of Community surveillance by the Commission in close
cooperation with the Member States in accordance with Article
308d of Regulation (EEC) No 2454/93.

Article 5

Regulations (EC) No 1897/94, (EC) No 306/96, (EC) No
(EC) No 2809/98 and (EC) No 2492/98 shall be

2.
1827/96,
repealed with effect from 1 January 2002.

Article 6

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

1.
Regulations (EC) No 1970/96, (EC) No 1405/97, (EC) No
1406/97 and (EC) No 778/1999 shall be repealed with effect
from 1 July 2002.

It shall apply from 1 July 2002 for the quotas covered by
Article 1(1) and from 1 January 2002 for the quotas and
ceilings covered by Article 1(2) and (3).

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

Done at Brussels, 30 October 2001.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

Tariff quotas with quota periods running from 1 July to 30 June

(MFN: most-favoured nation)

Order No

CN code

Description (1)

Quota volume
in net weight
(tonnes)

Tarif quota
duty

Origin

09.0071

1008 20 00

Millet

1 300

EUR 7/t

09.0074

1001 10 00

Durum wheat

50 000

0

All third countries
(erga omnes)

All third countries
(erga omnes)

09.5716

2309 10

Dog or cat food, put up
for retail sale

15 540 (2)

20 % of MFN duty

Hungary

09.5732

2309 90 31
2309 90 41

Preparations of a kind
used in animal feed

3 500

20 % of MFN duty

Bulgaria

(1) Without prejudice to the rules for interpreting the Combined Nomenclature, the wording for the description of the products is to be
considered as having no more than an indicative value, the preferential treatment being determined, in the context of this Annex, by the
coverage of the CN codes as they exist at the time of adoption of this Regulation.

(2) Annual

increase from 1.7.2002: 1 415 tonnes.

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ANNEX II

Tariff quotas with quota periods running from 1 January to 31 December

(MFN: most-favoured nation)

Order No

CN code

Description (1)

Quota volume
in net weight
(tonnes)

Tariff quota duty

Origin

09.0072

09.0075

09.1633

2302 30 10
2302 30 90
2302 40 10
2302 40 90

Brans, sharps and other residues of wheat and
cereals other than maize and rice

475 000

EUR 30,60/t

third countries

All
(erga omnes)

EUR 62,25/t

1001 10 00 and
1001 90 99

Durum wheat and common wheat of a minimum
quality satisfying the criteria laid down in Annex IV

300 000

0

third countries

All
(erga omnes)

1001 10 00
1001 90 91
1001 90 99

1002 00 00

1003 00

1004 00 00

Durum wheat
Common wheat
Other wheat

Rye

Barley

Oats

15 000

50 % of MFN duty ACP States

1008

Buckwheat, canary seed, triticale and other cereals

09.0073

2309 90 31
2309 90 41
2309 90 51

Preparations of a kind used in animal feed

2 800

7 % ad valorem

third countries

All
(erga omnes)

09.0779

ex 2309 90 31

Feedingstuffs for fish

09.0689

ex 2309 90 10
ex 2309 90 31
ex 2309 90 41

Feedingstuffs for fish

1 177

10 000

0

0

Norway

Faroes

(1) Without prejudice to the rules for interpreting the Combined Nomenclature, the wording for the discription of the products is to be considered as having no more than an
indicative value, the preferential treatment being determined, in the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption of this
Regulation. Where ex CN codes are indicated, the preferential treatment is to be determined by the coverage of the CN code and corresponding description taken together.

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ANNEX III

Tariff quotas with periods running from 1 January to 31 December

(MFN: most-favoured nation)

Order No

CN code

Description (1)

Ceiling
in net weight
(tonnes)

Applicable duty

Origin

120201

1007

Sorghum

100 000

40 % of MFN duty

ACP States

120203

1008 20 00

Millet

60 000

0

ACP States

(1) Without prejudice to the rules for interpreting the Combined Nomenclature, the wording for the description of the products is to be
considered as having no more than an indicative value, the preferential treatment being determined, in the context of this Annex, by the
coverage of the CN codes as they exist at the time of adoption of this Regulation

Minimum quality criteria for wheat imported under quota No 09.0075 for 300 000 tonnes of quality wheat
opened by Regulation (EC) No 1095/96

ANNEX IV

Quality criteria

Durum wheat

Common wheat

CN code 1001 10 00

CN code 1001 90 99

Type of wheat

Specific weight in kg/hl greater than or equal to

80

Grains which have lost their vitreous aspect

Maximum 20,0 %

78

—

Matter which is not quality wheat grains of unimpaired
quality, of which:

— broken and/or shrivelled grains
— grains damaged by pests
— grains affected wiht fusariosis and/or mottled grains
— sprouted grains

Maximum 10,0 %

Maximum 10,0 %

Maximum 7,0 %
Maximum 2,0 %
Maximum 5,0 %
Maximum 0,5 %

Maximum 7,0 %
Maximum 2,0 %
—
Maximum 0,5 %

Miscellaneous impurities (Schwarzbesatz)

Maximum 1,0 %

Maximum 1,0 %

Hagberg falling number

Minimum 250

Minimum 230

Protein content (13,5 % moisture content)

—

Minimum 14,6 %