Commission Regulation (EC) No 2376/2002 of 27 December 2002 opening and providing for the administration of a Community tariff quota for barley from third countries and derogating from Council Regulation (EC) No 1766/92
Date: 2002-12-27
Institutions: European Commission
Subjects: barley, derogation from EU law, import, import licence, tariff quota, third country

L 358/92

EN

Official Journal of the European Communities

31.12.2002

COMMISSION REGULATION (EC) No 2376/2002

of 27 December 2002

opening and providing for the administration of a Community tariff quota for barley from third
countries and derogating from Council Regulation (EC) 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 12(1) thereof,

Having regard to the Council Decision of 19 December 2002
concerning the conclusion of an agreement in the form of an
exchange of Letters between the European Community and the
United States of America, with a view to the modification of
concessions with respect to cereals provided for in schedule
CXL annexed to the General Agreement on Tariffs and Trade
(GATT) (3), and in particular Article 2 thereof,

Having regard to the Council Decision of 19 December 2002
concerning the conclusion of an agreement in the form of an
exchange of Letters between the European Community and
Canada pursuant to Article XXVIII of the General Agreement
on Tariffs and Trade (GATT), with a view to the modification
of concessions with respect to cereals provided for in EC sche-
dule CXL annexed to the GATT (4), and in particular Article 2
thereof,

Whereas:

(1)

(2)

Following trade negotiations,
the Community has
changed the conditions for the import of common
wheat of low and medium quality and of barley by
creating import quotas from 1 January 2003. For barley,
the Community has decided to replace the system of
preference margins by two tariff quotas: a tariff quota of
50 000 tonnes for malting barley and a tariff quota of
300 000 tonnes of barley,
for which this Regulation
makes provision.

The opening of this quota means that Regulation (EEC)
No 1766/92 has to be adapted. In order to enable the
quota to be opened on 1 January 2003, provision should
be made to derogate from Regulation (EEC) No 1766/
92, during a transitional period expiring on the date of
entry into force of the amendment to that Regulation,
but until 30 June 2003 at the latest.

licences are to be issued, within the quantities set, at the
request of the interested parties, subject where appro-
priate to the fixing of a reduction coefficient in respect
of the quantities applied for.

To ensure the proper management of this quota, dead-
lines for the lodging of licence applications should be
laid down and the information to be included in applica-
tions and licences should be specified.

To take account of supply conditions, a derogation
should be made concerning the period of validity of the
licences.

(4)

(5)

(6) With a view to the sound management of the quota,
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 (5), as last amended
by Regulation (EC) No 2299/2001 (6), as regards the
transferable nature of
the licences and the tolerance
relating to the quantities released into free circulation.

(7)

(8)

(9)

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 (7), as last
amended by Regulation (EC) No 1322/2002 (8).

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

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

HAS ADOPTED THIS REGULATION:

Article 1

(3)

To ensure that imports of the barley covered by this
tariff quota are orderly and not speculative, they should
be made subject to the issue of import licences. The

Notwithstanding Article 10(1) and (2) of Regulation (EEC) No
1766/92,
the import duty for barley falling in CN code
1003 00 shall be fixed in the framework of the quota opened
by this Regulation.

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) Not yet published in the Official Journal.
(4) Not yet published in the Official Journal.

(5) OJ L 152, 24.6.2000, p. 1.
(6) OJ L 308, 27.11.2001, p. 19.
(7) OJ L 117, 24.5.1995, p. 2.
(8) OJ L 194, 23.7.2002, p. 22.

31.12.2002

EN

Official Journal of the European Communities

L 358/93

Article 10(1) of Regulation (EEC) No 1766/92 shall apply to
imports of the products referred to in this Regulation in excess
of the quantity provided for in Article 2.

Article 2

A tariff import quota of 300 000 tonnes for barley falling

1.
in CN code 1003 00 is hereby opened.

2.
The tariff quota shall be opened on 1 January each year.
Duties on imports within the tariff quota shall be levied at a
rate of EUR 16 per tonne.

Article 3

All imports under the quota referred to in Article 2(1) shall be
conditional upon the production of an import licence issued in
accordance with Regulation (EC) No 1291/2000, subject to the
provisions of this Regulation.

Article 4

Applications for import licences shall be lodged with the
the Member States no later than

1.
competent authorities of
13.00 (Brussels time) every Monday.

Each licence application must be for a quantity that may not
exceed the quantity available for the import of the product
concerned in the year concerned.

2.
No later than 18.00 Brussels time on the day of lodging
of licence applications, the competent authorities shall forward
to the Commission by fax a notification in accordance with the
model annexed hereto, and the total quantity resulting from
the sum of all quantities indicated on the import licence appli-
cations. If the day for lodging the licence applications is a
national holiday, the Member State concerned shall send the
said notification on the working day preceding the national
holiday no later than 18.00 Brussels time.

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

3.
If the total of the quantities since the start of the year and
the quantity referred to in paragraph 2 exceeds the quota for
the year concerned, the Commission shall set, no later than the
third working day after the applications are lodged, a single
reduction coefficient to be applied to the quantities requested.

4. Without prejudice to paragraph 3, licences shall be issued
on the fourth working day following the day on which the
application was lodged. No later than 18.00 Brussels time on
the day the licences are issued, the competent authorities shall
fax the Commission, at the number mentioned in the Annex
hereto, the total quantity resulting from the sum of the quanti-
ties for which import licences have been issued that same day.

Article 5

Import licences shall be valid for 60 days from the day of issue.
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

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

Article 7

Notwithstanding Article 8(4) of Regulation (EC) No 1291/
the quantity released into free circulation may not
2000,
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 8

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

(a) in section 20, one of the following entries:

— Reglamento (CE) no 2376/2002
— Forordning (EF) nr. 2376/2002

— Verordnung (EG) Nr. 2376/2002
— Κανονισµóς (EK) αριθ. 2376/2002
— Regulation (EC) No 2376/2002

— Règlement (CE) no 2376/2002

— Regolamento (CE) n. 2376/2002

— Verordening (EG) nr. 2376/2002

— Regulamento (CE) n.o 2376/2002

— Asetus (EY) N:o 2376/2002

— Förordning (EG) nr 2376/2002

(b) in section 24, the words ‘EUR 16/tonne’.

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 10

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 1 January 2003.

It shall apply until the date of entry into force of the Regulation
amending Article 10 of Regulation (EEC) No 1766/92, but until
30 June 2003 at the latest.

L 358/94

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Official Journal of the European Communities

31.12.2002

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

Done at Brussels, 27 December 2002.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX