Commission Regulation (EC) No 2378/2002 of 27 December 2002 derogating from Regulation (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92
Date: 2002-12-27
Institutions: European Commission
Subjects: CCT duties, cereals, customs formalities, derogation from EU law, import licence, quality label

31.12.2002

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Official Journal of the European Communities

L 358/101

COMMISSION REGULATION (EC) No 2378/2002

of 27 December 2002

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(b) barley

falling within CN codes

1003 00 10

and

1003 00 90.

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,

2.
Article 4(2) and (3) and Article 6(1) of Regulation (EC)
No 1249/96 and Annexes I and II thereto shall not apply to
the product referred to in paragraph 1(a) of this Article.

Whereas:

Article 2

(1)

(2)

By its decision of 19 December 2002 (3) and its decision
of 19 December 2002 (4),
the Council approved the
conclusion of Agreements in the form of an Exchange of
Letters between the European Community and the
United States of America, and the European Community
and Canada, respectively relating to the modification of
concessions with respect to cereals provided for in sche-
dule CXL annexed to the General Agreement on Tariffs
and Trade (GATT). The Agreements amend the condi-
tions for importing barley and medium and low quality
common wheat by fixing import quotas
these
products from 1 January 2003.

for

By the above decisions the Council authorised the
Commission to derogate temporarily for these products
from the system of import duties provided for in Article
10(2) of Regulation (EEC) No 1766/92 pending approval
of a formal amendment of that Regulation. To allow the
Agreements approved by the Council to be implemented
in full, the rules of application should also be adapted
temporarily as regards the import duties in the cereals
sector laid down by Commission Regulation (EC) No
1249/96 (5), as last amended by Regulation (EC) No
1900/2002 (6).

Qualifying for the flat-rate reduction on import duties of
EUR 14 per tonne for standard high-quality common wheat
referred to in the first indent of the first subparagraph of
Article 2(5) of Regulation (EC) No 1249/96 shall no longer
depend on fulfilling the conditions set out
in the second
subparagraph of Article 2(5) of that Regulation.

Article 3

In addition to what is set out in Article 4(1), second subpara-
graph, second indent, of Regulation (EC) No 1249/96, a nega-
tive premium (‘discount’) of an amount of EUR 30 per tonne is
retained with regard to the durum wheat of low quality under
the commercial premiums referred to in Article 4(1)(b) of the
aforementioned Regulation.

Article 4

(3)

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

The imposition of the import duty of the common wheat of
low quality for the durum wheat of low quality provided for in
Article 6(1), fifth subparagraph, second sentence, of Regulation
(EC) No 1249/96 is no longer applicable.

HAS ADOPTED THIS REGULATION:

Article 5

Article 1

Article 2, Article 4(1) and Article 5 of Regulation (EC) No

1.
1249/96 shall not apply to the following products:

(a) common wheat falling within CN code ex 1001 90 99 of a
quality other than the standard high quality as defined in
Annex I to that 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 161, 29.6.1996, p. 125.
(6) OJ L 287, 25.10.2002, p. 15.

Notwithstanding the second indent of Article 5 of Regula-
1.
tion (EC) No 1249/96,
import licence applications for high-
quality common wheat shall be valid only if the applicant gives
a written commitment to lodge with the relevant competent
body on the date of acceptance of the declaration of release for
free circulation a specific security additional to those required
under Commission Regulation (EC) No 1162/95 (7). This addi-
tional security shall be EUR 95 per tonne. However, in case
import licence applications are accompanied by certificates of
conformity issued by Federal Grain Inspection Service (FGIS)
and by the Canadian Grain Commission (CGC) as referred to in
Article 6, the additional security required is EUR 5 per tonne.

(7) OJ L 117, 24.5.1995, p. 2.

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The second indent of Article 5 of Regulation (EC) No
2.
1249/96 does not apply to import license applications for
durum wheat, if these applications are accompanied by certifi-
cates of conformity issued by Federal Grain Inspection Service
(FGIS) and the Canadian Grain Commission (CGC) as referred
to in Article 6. In this case, the additional security required is
EUR 5 per tonne.

Article 6

In addition to what is set out in Article 6(1) of Regulation (EC)
No 1249/96, certificates of conformity issued by the Federal
Grain Inspection Service (FGIS) and by the Canadian Grain
Commission (CGC) for common wheat and durum wheat shall
be officially recognised by the Commission under the adminis-
trative cooperation procedure as specified in Articles 63 to 65
of Regulation (EEC) No 2454/93 (1). When the analytical para-
meters entered in the certificates of conformity issued by
Federal Grain Inspection Service (FGIS) and the Canadian Grain
Commission (CGC) show conformity with the common wheat
and durum wheat quality standards given in Annex I to Regula-
tion (EC) No 1249/96, samples shall be taken of at least 3 % of
the cargoes arriving at each entry port during the marketing
year.

Blank specimens of the recognised certificates of conformity for
common wheat and durum wheat are given in Annexes I, II
and III. Reproduction of the stamp and signatures authorised
by the Governments of United States of America and Canada
shall be published in the C series of the Official Journal of the
European Communities.

Article 7

Notwithstanding Article 6(3) of Regulation (EC) No 1249/96, if
the analysis results for high-quality common wheat show that
the criteria referred to in Annex I are not met, the security for
the import licence referred to in Article 10(a) of Regulation
(EC) No 1162/95 and the additional security referred to in
Article 3 to this Regulation shall be forfeited unless the
importer is able to submit a new import licence under the
quota managed by Commission Regulation (EC) No 2375/
2002 (2). In this case, only EUR 22 of the EUR 30 security for
this licence shall be released.

Article 8

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

It shall apply from 1 January 2003 until 30 June 2003 at the
latest.

The provisions of this Regulation shall apply to import licences
issued before 1 January 2003 that are used after that date.
However, where operators do not intend to use these licences
after 1 January 2003, these licences may be cancelled at the
request of the interested party submitted before 15 January
2003. In such cases, the securities shall be released in propor-
tion to the quantities not used.

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

(1) OJ L 253, 11.10.1993, p. 1.

(2) See page 88 of this Official Journal.

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Blank certificate of conformity authorised by the Government of the United States of America for common
wheat

ANNEX I

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Blank certificate of conformity authorised by the the Government of the United States of America for durum
wheat

ANNEX II

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Blank certificate of conformity authorised by the Government of Canada for common and durum wheat and
export grade specifications

ANNEX III

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Export grade specifications for Canadian common and durum wheat

COMMON WHEAT

Canada western red spring (CWRS)

Test weight

No 1 CWRS

No 2 CWRS

No 3 CWRS

(Minimum) 79,0 kg/hL

(Minimum) 77,5 kg/hL

(Minimum) 76,5 kg/hL

Total foreign material
including other cereal grains

(Maximum) 0,4 % including 0,2 %
other seeds

(Maximum) 0,75 % including 0,2 %
other seeds

(Maximum) 1,25 % including 0,2 %
other seeds

Canada western extra strong red spring
(CWES)

Test weight

Total foreign material
including other cereal grains

No 1 CWES

No 2 CWES

(Minimum) 78,0 kg/hL

(Minimum) 76,0 kg/hL

(Maximum) 0,75 % including 0,2 %
other seeds

(Maximum) 1,5 % including 0,2 %
other seeds

Canada prairie spring red (CPSR)

Test weight

No 1 CPSR

No 2 CPSR

(Minimum) 77,0 kg/hL

(Minimum) 75,0 kg/hL

Canada prairie spring white (CPSW)

Test weight

No 1 CPSW

No 2 CPSW

(Minimum) 77,0 kg/hL

(Minimum) 75,0 kg/hL

Canada western red winter (CWRW)

Test weight

No 1 CWRW

(Minimum) 78,0 kg/hL

No 2 CWRW

(Minimum) 74,0 kg/hL

Total foreign material
including other cereal grains

(Maximum) 0,75 % including 0,2 %
other seeds

(Maximum) 1,5 % including 0,2 %
other seeds

Total foreign material
including other cereal grains

(Maximum) 0,75 % including 0,2 %
other seeds

(Maximum) 1,5 % including 0,2 %
other seeds

Total foreign material
including other cereal grains

(Maximum) 1,0 % including 0,2 %
other seeds

(Maximum) 2,0 % including 0,2 %
other seeds

Canada western soft white spring
(CWSWS)

Test weight

Total foreign material
including other cereal grains

No 1 CWSWS

(Minimum) 78,0 kg/hL

No 2 CWSWS

(Minimum) 75,5 kg/hL

No 3 CWSWS

(Minimum) 75,0 kg/hL

(Maximum) 0,75 % including 0,2 %
other seeds

(Maximum) 1,0 % including 0,2 %
other seeds

(Maximum) 1,5 % including 0,2 %
other seeds

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DURUM

Canada western amber durum (CWAD)

Test weight

No 1 CWAD

(Minimum) 80,0 kg/hL

No 2 CWAD

(Minimum) 79,5 kg/hL

No 3 CWAD

(Minimum) 78,0 kg/hL

No 4 CWAD

(Minimum) 75,0 kg/hL

Total foreign material
including other cereal grains

(Maximum) 0,5 % including 0,2%
other seeds

(Maximum) 0,8 % including 0,2 %
other seeds

(Maximum) 1,0 % including 0,2%
other seeds

(Maximum) 3 ,0 % including 0,2 %
other seeds

NOTES: Other cereal grains:

in these grades, include only oats, barley, rye and triticale.

Common wheat: for common wheat exports, the Canadian Grain Commission will supply documentation with
the certificate specifying the protein percentage for the cargo in question.

Durum wheat: for durum weat exports, the Canadian Grain Commission will supply documentation with the
certificate attesting to the vitreous kernel percentage and specific weight (kilograms/hectolitre) of the cargo in
question.