Commission Regulation (EC) No 1677/2002 of 20 September 2002 laying down detailed rules for the application of Council Regulation (EC) No 1151/2002 as regards import licences for oats and barley originating in the Republic of Estonia
Date: 2002-09-20
Institutions: European Commission
Subjects: Estonia, barley, import, import licence, oats, originating product, quantitative restriction, tariff quota

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Official Journal of the European Communities

21.9.2002

COMMISSION REGULATION (EC) No 1677/2002

of 20 September 2002

laying down detailed rules for the application of Council Regulation (EC) No 1151/2002 as regards
import licences for oats and barley originating in the Republic of Estonia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1151/2002 of 27
June 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 Estonia (1), and in particular Article
1(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Regulation (EC) No 1151/2002 repealed Council Regula-
tion (EC) No 1349/2000 of 19 June 2000 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 Estonia (2).
thus
rendered obsolete Commission Regulation (EC) No
1729/2000 which laid down detailed rules for the appli-
cation of Regulation (EC) No 1349/2000. New detailed
rules should therefore be laid down, incorporating provi-
sions relating to imports of barley of brewery quality.

It

The European Community has undertaken to establish,
for each marketing year from 1 July 2002 on, an import
tariff quota at zero duty of 4 800 tonnes of oats falling
within CN code 1004 00 00 originating in Estonia, with
an annual quota increase of 900 tonnes per marketing
year with effect from 1 July 2003.

import

That
is conditional upon presentation of an
import licence. It is therefore necessary to specify the
conditions governing the issue of such a licence.

Provision should be made for the licences covering
imports of oats, under the fixed quantities, to be issued
after a period of reflection and subject, if necessary, to a
single percentage reduction in the quantities requested.

The information which must appear on the applications
and licences should be laid down by derogation from
Articles 8 and 21 of Commission Regulation (EC) No
1291/2000 of 9 June 2000 laying down common
detailed rules for the application of the system of import

(1) OJ L 170, 29.6.2002, p. 15.
(2) OJ L 155, 28.6.2000, p. 1.

(6)

(7)

(8)

(9)

and export licences and advance fixing certificates for
agricultural products (3), as last amended by Regulation
(EC) No 2299/2001 (4).

the import
To take account of delivery conditions,
licences should be made valid from the day on which
they are issued up to 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 EUR 89 per tonne, by
derogation from Article 10 of Commission Regulation
(EC) No 1162/95 (5), as last amended by Regulation (EC)
No 1322/2002 (6).

Regulation (EC) No 1151/2002 also provided for the
possibility of importing into the Community at zero duty
an unlimited quantity of barley for the production of
malt falling within CN code ex 1003 00 90.

Special provisions must be laid down to ensure that
barley of brewery quality is not diverted from the uses
specified. To that end, the granting of the exemption
must be made subject to an undertaking by importers to
abide by the planned use of the product in question and
the lodging of a security equal to the import duty. A
reasonable processing time is required for the adminis-
tration of
the arrangements in question. Where the
product released for free circulation is dispatched to
another Member State for processing, the T5 control
copy drawn up by the Member State of release for free
circulation pursuant to Commission Regulation (EEC) No
2454/93 (7), as last amended by Regulation (EC) No 444/
2002 (8),
for providing
proof of processing.

is the appropriate instrument

(10) An element of proportionality must be introduced as
regards the release of securities, in particular where the
quantities to be processed and/or the time limits laid
down by the arrangements have not been met. To this
end, a tolerance should also be introduced as regards the
quantity processed to take account of weighing losses
and various other processing losses.

(3) OJ L 152, 24.6.2000, p. 1.
(4) OJ L 308, 27.11.2001, p. 19.
(5) OJ L 117, 24.5.1995, p. 2.
(6) OJ L 194, 23.7.2002, p. 22.
(7) OJ L 253, 11.10.1993, p. 1.
(8) OJ L 68, 12.3.2002, p. 11.

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(11)

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

This Regulation lays down detailed rules for the application of
the arrangements for the import of oats and of barley of
brewery quality originating in Estonia, as provided for in the
Europe Agreement with Estonia.

CHAPTER I

OATS

Article 2

1.
The import of oats falling within CN code 1004 00 00
originating in Estonia and benefiting from zero import duty, in
accordance with Regulation (EC) No 1151/2000 introducing a
tariff quota for that product, shall be conditional upon the
presentation of an import licence issued in accordance with this
Chapter.

The quantity to be imported shall be 4 800 tonnes for the
2002/2003 marketing year. That quantity shall be increased by
900 tonnes per marketing year with effect from 1 July 2003.

The serial number of the quota is 09.4588.

2. When released into free circulation in the Community,
the oats shall be accompanied by the original of the EUR.1
certificate issued by the competent authorities of Estonia.

Article 3

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 which may not
exceed the quantity available for the import of oats in the
marketing year concerned.

2.
No later than 18.00 Brussels time the same day, the
competent authorities shall forward the total quantity resulting
from the sum of all quantities indicated on the import licence
applications to the Commission by fax to the number (32-2)
295 25 15.

reduction 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 appli-
cation was lodged.

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 its issue. By derogation from
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 4

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

Article 5

By derogation from 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 6

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

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

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

— Reglamento (CE) no 1677/2002

— Forordning (EF) nr. 1677/2002

— Verordnung (EG) Nr. 1677/2002

— Κανονισµός (ΕΚ) αριθ. 1677/2002

— Regulation (EC) Nο 1677/2002

— Règlement (CE) no 1677/2002

— Regolamento (CE) n. 1677/2002

— Verordening (EG) nr. 1677/2002

— Regulamento (CE) n.o 1677/2002

— Asetus (EY) N:o 1677/2002

— Förordning (EG) nr 1677/2002;

That information must be notified separately from that relating
to other applications for cereal import licences and must quote
the number and title of this Regulation.

(c) in box 24, ‘zero duty’.

3.
If the total of the quantities granted since the beginning
of the marketing year plus the quantities requested on the day
in question exceeds the quota quantity for the marketing year
concerned, the Commission shall set, no later than the third
working day following the lodging of the applications, a single

Article 7

By derogation from 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 89 per tonne of oats.

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CHAPTER II

Box 104 of the T5 control copy shall contain the following:

BARLEY OF BREWERY QUALITY

Article 8

All imports of barley of brewery quality falling within CN code
ex 1003 00 90 and originating in Estonia under Regulation
(EC) No 1151/2002 shall be subject to the provisions of this
Chapter.

Article 9

Box 20 of licence applications and licences shall contain the
following:

— Cebada destinada a la fabricación de malta; Reglamento (CE)

no 1677/2002

— Byg til fremstilling af malt; forordning (EF) nr. 1677/2002

— Gerste zur Herstellung von Malz; Verordnung (EG) Nr.

1677/2002

— Κριθή προοριζόµενη για την παρασκευή βύνης· κανονισµός (ΕΚ)

αριθ. 1677/2002

— Barley for malting; Regulation (EC) No 1677/2002

— Orge destinée à la fabrication de malt; règlement (CE) no

1677/2002

— Orzo per la produzione di malto; regolamento (CE) n.

1677/2002

— Gerst voor verwerking tot mout; Verordening (EG) nr.

1677/2002

— Cevada para o fabrico de malte; Regulamento (CE) n.o

1677/2002

— Reglamento (CE) no 1151/2002

— Forordning (EF) nr. 1151/2002

— Verordnung (EG) Nr. 1151/2002

— Κανονισµός (ΕΚ) αριθ. 1151/2002

— Regulation (EC) No 1151/2002

— Règlement (CE) no 1151/2002

— Regolamento (CE) n. 1151/2002

— Verordening (EG) nr. 1151/2002

— Regulamento (CE) n.o 1151/2002

— Asetus (EY) N:o 1151/2002

— Förordning (EG) nr 1151/2002.

3.
Except in cases of force majeure, the security provided for
in paragraph 1(b) shall be released when proof is provided to
the competent authorities of the Member State of release for
free circulation to the effect that at least 95 % of the quantities
released for free circulation have been processed into malt
within the time limit laid down in paragraph 1(a).

Processing shall be deemed to have taken place when the barley
has undergone soaking.

Where processing is carried out in a Member State other than
that of release for free circulation, proof of processing shall be
provided by means of the original of the T5 control copy.

Where the quantities actually used for the manufacture of malt
are less than 95 % of the total quantity released for free circula-
tion, that part of the security corresponding to the difference
between:

— Maltaan tuotantoon tarkoitettu ohra; asetus (EY) N:o 1677/

95 % of the total quantity released for free circulation and

2002

— Korn avsett för produktion av malt; förordning (EG) nr

1677/2002.

the quantity actually processed

shall be forfeited.

Article 10

1.
Eligibility for the exemption from the duty referred to in
Annex C to Regulation (EC) No 1151/2002 shall be conditional
on:

(a) a written undertaking by the importer entered into at the
time of release for free circulation, to the effect that all the
goods declared will be processed in accordance with the
second subparagraph of paragraph 3 of this Article within
six months from the date of acceptance of the declaration
of release for free circulation;

(b) the lodging by the importer, at the time of release for free
circulation, of a security equal to the full import duty.

2.
Importers shall indicate the place where processing is to
be carried out. If the latter is to be carried out in another
Member State, a T5 control copy shall be drawn up on dispatch
of the goods in the Member State of departure in accordance
with the rules laid down in Regulation (EEC) No 2454/93.

4.
Proof of processing shall be provided to the competent
authorities within six months following the end of the proces-
sing time limit. However, if this proof is provided between the
sixth and the 18th month following the end of the processing
time limit, 85 % of the guarantee shall be reimbursed.

CHAPTER III

FINAL PROVISIONS

Article 11

Regulation (EC) No 1729/2000 is hereby repealed.

Article 12

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

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

Done at Brussels, 20 September 2002.

For the Commission

Franz FISCHLER

Member of the Commission