Commission Regulation (EC) No 539/2003 of 26 March 2003 amending Regulation (EC) No 2376/2002 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: 2003-03-26
Institutions: European Commission
Subjects: barley, derogation from EU law, import, import licence, tariff quota, third country

27.3.2003

EN

Official Journal of the European Union

L 80/21

COMMISSION REGULATION (EC) No 539/2003

of 26 March 2003

amending Regulation (EC) No 2376/2002 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,

(3)

(4)

the period of validity of import licences. The same provi-
sions should be made applicable for the barley tariff
quota as well.

Regulation (EC) No 2376/2002 should therefore be
amended accordingly.

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

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)

Commission Regulation (EC) No 2376/2002 (5) opens a
tariff quota for the import of 300 000 tonnes of barley
from third countries. The implementing provisions are
similar to the ones of Commission Regulation (EC) No
2375/2002 (6) opening a tariff quota for the import of
2 981 600 tonnes of low and medium quality common
wheat from third countries.

In the framework of the common wheat tariff quota, it
is important to harmonise the dates of application in all
Member States in case of national holidays and to reduce

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2376/2002 is amended as follows:

1.

in Article 4(2) the first subparagraph is replaced by the
following:
‘No later than 18.00 hours 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 applications.’

2. Article 5 is deleted.

Article 2

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

It shall apply from 1 April 2003.

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

Done at Brussels, 26 March 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(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 358, 31.12.2002, p. 92.
(6) OJ L 358, 31.12.2002, p. 88.