Commission Regulation (EC) No 611/2003 of 3 April 2003 amending Regulation (EC) No 2378/2002 derogating from Regulation (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92
Date: 2003-04-03
Institutions: European Commission
Subjects: CCT duties, cereals, customs formalities, derogation from EU law, import licence, quality label

L 87/4

EN

Official Journal of the European Union

4.4.2003

COMMISSION REGULATION (EC) No 611/2003

of 3 April 2003

amending Regulation (EC) No 2378/2002 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,

Having regard to the Treaty establishing the European
Community,

(5)

The Management Committee for Cereals has not deliv-
ered an opinion within the time limit laid down by its
chairman,

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,

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

(3)

the

and

Commission Regulation (EC) No 2378/2002 (3) tempora-
rily derogates from the general rules for imports of
cereals, following the adoption of the Council Decisions
of 19 December 2002 approving the conclusion of the
Agreements in the form of Exchange of Letters between
the European Community and the United States of
America (4),
and
Canada (5), 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). In order to solve practical difficulties
in customs
imports of high quality
common wheat in cases where certificates of conformity
are provided, it is necessary to amend the provisions of
that Regulation concerning
and import
securities
licences for high quality common wheat.

European Community

treatment of

Article 7 of Regulation (EC) No 2378/2002 enables
operators to avoid forfeiture of the security whenever
importers are able to produce a new import licence
drawn under the low and medium quality wheat quota
administered by Commission Regulation (EC) No 2375/
2002 (6), as amended by Regulation (EC) No 531/
2003 (7).

Given that such a possibility raises several practical diffi-
culties at the level of customs and that it creates oppor-
tunities for undue use of the tariff-quota in question, it is
appropriate to abolish the provision.

(4)

Regulation (EC) No 2378/2002 should therefore be
amended accordingly.

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 358, 31.12.2002, p. 101.
(4) Not yet published in the Official Journal.
(5) Not yet published in the Official Journal.
(6) OJ L 358, 31.12.2002, p. 88.
(7) OJ L 79, 26.3.2003, p. 3.

Regulation (EC) No 2378/2002 is amended as follows:

1. Article 5 is replaced by the following:

‘Article 5

1.
Notwithstanding the second indent of Article 5 of
Regulation (EC) No 1249/96, import licence applications for
high quality common wheat shall be valid only if the appli-
cant 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 (*). This additional security shall be EUR 95 per
tonne.

However, in cases where the import licence is to be accom-
panied by certificates of conformity issued by the Federal
Grain Inspection Service (FGIS) and by the Canadian Grain
Commission (CGC) as referred to in Article 6, no additional
security is required. In this case, and notwithstanding Article
10 of Regulation (EC) No 1162/95, the security for import
licences shall be EUR 6 per tonne. The import licence appli-
cation and the import licence shall contain in section 24 the
mention of the type of certificate of conformity.

The second indent of Article 5 of Regulation (EC) No
2.
1249/96 does not apply to import licence applications for
durum wheat, if these import licenses are to be accompa-
nied by certificates of conformity issued by Federal Grain
Inspection Service (FGIS) and the Canadian Grain Commis-
sion (CGC) as referred to in Article 6. In this case, and
notwithstanding Article 10 of Regulation (EC) No 1162/95,
the security for import licences shall be EUR 6 per tonne.
The import licence application and the import licence shall
contain in section 24 the mention of the type of certificate
of conformity.

(*) OJ L 117, 24.5.1995, p. 2.’

2. In the second paragraph of Article 6, the words ‘and signa-

tures’ are deleted.

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Official Journal of the European Union

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3. Article 7 is replaced by the following:

‘Article 7

Notwithstanding Article 6(3) of Regulation (EC) No 1249/
96, if the analysis results for high-quality common wheat
the criteria
and high-quality durum wheat
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 or in Article 5(1), second subparagraph and

show that

5(2) to this Regulation and the additional security referred
to in Article 5(1), first subparagraph, to this Regulation shall
be forfeited.’

Article 2

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

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

Done at Brussels, 3 April 2003.

For the Commission

Franz FISCHLER

Member of the Commission