Commission Regulation (EC) No 1447/2002 of 8 August 2002 laying down detailed rules for applying Council Regulation (EC) No 1408/2002 as regards the concessions in the form of Community tariff quotas on certain cereal products originating in Hungary
Date: 2002-08-08
Institutions: European Commission
Subjects: Hungary, cereal product, cereals, import, import licence, maize, originating product, tariff quota, wheat

L 213/8

EN

Official Journal of the European Communities

9.8.2002

COMMISSION REGULATION (EC) No 1447/2002

of 8 August 2002

laying down detailed rules for applying Council Regulation (EC) No 1408/2002 as regards the
concessions in the form of Community tariff quotas on certain cereal products originating in
Hungary

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1408/2002 of 29
July 2002 establishing certain concessions in the form of
Community tariff quotas for certain agricultural products and
providing for an adjustment, as an autonomous and transitional
measure, of certain agricultural concessions provided for in the
Europe Agreement with Hungary (1), and in particular Article
1(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

In accordance with Regulation (EC) No 1408/2002, the
Community has established for each marketing year,
import tariff quotas at a zero rate of duty for 600 000
tonnes of wheat and meslin, wheat or meslin flours,
durum wheat groats and meal, common wheat groats
and meal and wheat pellets, and 450 000 tonnes of
maize (corn), maize (corn) seed, maize (corn)
flour,
maize groats and meal and maize pellets.

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, 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, dead-
lines for the lodging of licence applications should be
laid down and the information to be included in the
applications 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.

(5) With a view to the sound management of the quotas,
provision should be made to derogate from 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 products (2), as last amended
by Regulation (EC) No 2299/2001 (3), as regards the
transferable nature of
the licences and the tolerance
relating to the quantities released into free circulation.

To ensure sound management of the quotas, the security
on the import licences should be set at a relatively high
level, notwithstanding Article 10 of Commission Regula-
tion (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 1322/2002 (5).

Rapid two-way communication must be established
between the Commission and the Member States
regarding the quantities applied for and imported.

As Council Regulation (EC) No 1727/2000 has been
replaced by Regulation (EC) No 1408/2002, Commission
Regulation (EC) No 2511/2000 (6)
laying down the
detailed rules for the application of Regulation (EC) No
1727/2000 should be repealed.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

(7)

(8)

(9)

HAS ADOPTED THIS REGULATION:

Article 1

Imports of wheat and meslin falling within CN code
1.
1001, of wheat or meslin flours falling within CN code 1101,
of groats and meal of durum wheat falling within CN code
1103 11 10, of common wheat groats and spelt falling within
CN code 1103 11 90 and of wheat pellets falling within CN
code 1103 20 60 originating in Hungary and benefiting from a
zero rate of import duty under the tariff quota bearing the serial
number 09.4779,
in accordance with Regulation (EC) No
1408/2002, shall be subject to an import licence issued in
accordance with this Regulation.

2.
Imports of maize (corn) seed falling within CN code
1005 10 90, of maize falling within CN code 1005 90 00, of
maize (corn) flour falling within CN code 1102 20, of groats
and meal of maize (corn) falling within CN code 1103 13 and
of maize pellets falling within CN code 1103 20 40 originating
in Hungary and benefiting from a zero rate of import duty
under the tariff quota bearing the serial number 09.4780, in
accordance with Regulation (EC) No 1408/2002, shall be
subject to an import licence issued in accordance with this
Regulation.

(1) OJ L 205, 2.8.2002, p. 9.
(2) OJ L 152, 24.6.2000, p. 1.
(3) OJ L 308, 27.11.2001, p. 19.

(4) OJ L 117, 24.5.1995, p. 2.
(5) OJ L 194, 23.7.2002, p. 22.
(6) OJ L 289, 16.11.2000, p. 18.

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Official Journal of the European Communities

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The products referred to in paragraphs 1 and 2 shall be
3.
released into free circulation upon presentation of one of the
following documents:

(a) an EUR.1 movement certificate issued by Hungary in accor-
dance with Protocol 4 of the Europe Agreement between
the Community and Hungary (1);

(b) an invoice declaration on the invoice provided by the

exporter in accordance with that Protocol.

Article 2

1.
Applications for import licences shall be lodged with the
competent authorities of the Member States no later than 13.00
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.

2.
No later than 18.00 Brussels time on the same day, the
competent authorities shall fax the Commission (number (32-2)
295 25 15), in accordance with the model in Annex I hereto,
the total quantity resulting from the sum of the quantities indi-
cated on the import licence applications.

That information must be communicated separately from the
information on other import licence applications for cereals.

3.
If the total of the quantities for each product concerned
since the start of the marketing year and the quantity referred
to in paragraph 2 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.

4. Without prejudice to paragraph 3, licences shall be issued
on the fifth working day following the day on which the appli-
cation was lodged. No later than 18.00 Brussels time on the
day the licences are issued, the competent authorities shall fax
the Commission the total quantity resulting from the sum of
the quantities for which import licences were issued that same
day.

Article 3

With a view to accounting for the quantities imported under
the quotas referred to in Article 1(1) and (2), the Commission
shall apply the equivalence coefficients listed in Annex II
hereto. The quantity on each licence application for a given
product shall be multiplied by the coefficient for the product in
question.

Article 4

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

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

(1) OJ L 347, 31.12.1993, p. 2.

Article 5

Article 9 of Regulation (EC) No 1291/2000 notwithstanding,
the rights resulting from the import licences shall not be trans-
ferable.

Article 6

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

Article 7

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

(a) in section 8, the name of the country of origin;

(b) in section 20 one of the following entries:

Reglamento (CE) no 1408/2002
Forordning (EF) nr. 1408/2002
Verordnung (EG) Nr. 1408/2002
Κανονισµός (EK) αριθ. 1408/2002
Regulation (EC) No 1408/2002
Règlement (CE) no 1408/2002
Regolamento (CE) n. 1408/2002
Verordening (EG) nr. 1408/2002
Regulamento (CE) n.o 1408/2002
Asetus (EY) N:o 1408/2002
Förordning (EG) nr 1408/2002

(c) in section 24, the words ‘zero duty’.

Article 8

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

Article 9

1.

Regulation (EC) No 2511/2000 is hereby repealed.

2.
In accordance with Article 2(2) of Regulation (EC) No
1408/2002, the quantities of durum wheat and common wheat
imported on or after 1 July 2002 under Regulation (EC) No
2511/2000 shall be included when accounting for the quanti-
ties imported under quota No 09.4779.

Article 10

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

Article 2(1) notwithstanding, the first import licence applica-
tions under this Regulation shall be lodged on the first Monday
following its entry into force.

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Official Journal of the European Communities

9.8.2002

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

Done at Brussels, 8 August 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

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ANNEX I

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

Import quotas for wheat and its derived products and maize and its derived products from the Republic of Hungary
opened by Regulation (EC) No 1408/2002

Quota

Product

CN code

Quantity
applied for
(tonnes)

Wheat
(09.4779)

and

derived

products

Durum wheat

1001 10 00

Common wheat and meslin

1001 90 00

Wheat flour

1101 00 11

1101 00 15 91 00

1101 00 15 91 30

1101 00 15 91 50

1101 00 15 91 70

1101 00 15 91 80

1101 00 15 91 90

Groats and meal of durum wheat

1103 11 10 92

1103 11 10 94

1103 11 10 99

Groats and meal of common wheat

1103 11 90 92

Wheat pellets

Maize
(09.4780)

and

derived

products Maize (corn) seed

1103 11 90 98

1103 20 60

1005 10 90

Maize other than seed

1005 90 00

Maize (corn) flour

Maize groats and meal

Maize pellets

1102 20 10 92

1102 20 10 94

1102 20 90 92

1103 13 10 91

1103 13 10 93

1103 13 10 95

1103 13 90 91

1103 20 40

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Official Journal of the European Communities

9.8.2002

ANNEX II

Equivalence coefficients referred to in Article 3

Import quotas for wheat and its derived products and maize and its derived products from the Republic of Hungary
opened by Regulation (EC) No 1408/2002

Quota

Product

CN code

Coefficient

Wheat
(09.4779)

and

derived

products

Durum wheat

1001 10 00

Common wheat and meslin

1001 90 00

Wheat flour

1101 00 11

1101 00 15 91 00

1101 00 15 91 30

1101 00 15 91 50

1101 00 15 91 70

1101 00 15 91 80

1101 00 15 91 90

Groats and meal of durum wheat

1103 11 10 92

1103 11 10 94

1103 11 10 99

Groats and meal of common wheat

1103 11 90 92

Wheat pellets

Maize
(09.4780)

and

derived

products Maize (corn) seed

1103 11 90 98

1103 20 60

1005 10 90

Maize other than seed

1005 90 00

Maize (corn) flour

Maize groats and meal

1102 20 10 92

1102 20 10 94

1102 20 90 92

1103 13 10 91

1103 13 10 93

1103 13 10 95

1103 13 90 91

1

1

1,37

1,37

1,28

1,18

1,09

1,02

1

1,50

1,34

1,26

1,37

1,28

1,02

1

1

1,4

1,2

1,2

1,8

1,4

1,2

1,2

Maize pellets

1103 20 40

1,02