Commission Regulation (EC) No 626/2003 of 3 April 2003 amending Regulation (EC) No 2377/2002 opening and providing for the administration of a Community tariff quota for malting barley from third countries and derogating from Council Regulation (EEC) No 1766/92
Date: 2003-04-03
Institutions: European Commission
Subjects: barley, beverage industry, derogation from EU law, import, import licence, quality label, tariff quota, third country

L 90/32

EN

Official Journal of the European Union

8.4.2003

COMMISSION REGULATION (EC) No 626/2003

of 3 April 2003

amending Regulation (EC) No 2377/2002 opening and providing for the administration of a
Community tariff quota for malting barley from third countries and derogating from Council
Regulation (EEC) 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,

(3)

(4)

(5)

(6)

In order to solve practical difficulties in customs treat-
ment of imports of malting barley in cases where certifi-
cates of conformity are provided,
is necessary to
amend the provisions of that Regulation concerning the
certification procedure for malting barley.

it

In the framework of the common wheat and barley tariff
quota, it is important to harmonize the dates of applica-
tion in all Member States in case of national holidays.
The same provisions should be made applicable for the
malting barley tariff quota as well.

Regulation (EC) No 2377/2002 should therefore be
amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

Regulation (EC) No 2377/2002 (5), as amended by Regu-
lation (EC) No 159/2003 (6), opens a tariff quota for the
import of 50 000 tonnes of malting barley falling within
that Regulation,
HS code 1003 00. Article 7(2) of
concerning securities, enables operators to avoid forfei-
ture of
the security whenever importers are able to
produce a new import licence drawn under the barley
quota administered by Commission Regulation (EC) No
2376/2002 (7), as amended by Regulation (EC) No 539/
2003 (8).

(2)

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

(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. 95.
(6) OJ L 25, 30.1.2003, p. 37.
(7) OJ L 358, 31.12.2002, p. 92.
(8) OJ L 80, 27.3.2003, p. 21.

Regulation (EC) No 2377/2002 is amended as follows:

1. Article 7(2) is replaced by the following:

‘2. Where the quality criteria and/or
the conditions
relating to processing set out in Articles 5 and 6 of this
Regulation are not fulfilled, the security for import licences
referred to in Article 10(a) of Regulation (EC) No 1162/95
and the additional security referred to in Article 6(2)(b) of
this Regulation shall be forfeited.’;

2.

in the last sentence of Article 8, the words ‘and signatures’
are deleted;

3.

in Article 9(2) the first subparagraph is replaced by the
following:

‘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 established in the Annex II, and
the total quantity resulting from the sum of all quantities
indicated on the import licence applications.’

8.4.2003

EN

Official Journal of the European Union

L 90/33

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

Article 2

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