Commission Regulation (EC) No 788/2003 of 8 May 2003 laying down detailed rules for the application of Council Decision 2003/299/EC as regards the concessions in the form of Community tariff quotas on certain cereal products originating in the Slovak Republic and amending Regulation (EC) No 2809/2000
Date: 2003-05-08
Institutions: European Commission
Subjects: CCT duties, Slovakia, agricultural product, cereals, import licence, originating product, tariff quota

9.5.2003

EN

Official Journal of the European Union

L 115/25

COMMISSION REGULATION (EC) No 788/2003

of 8 May 2003

laying down detailed rules for the application of Council Decision 2003/299/EC as regards the
concessions in the form of Community tariff quotas on certain cereal products originating in the
Slovak Republic and amending Regulation (EC) No 2809/2000

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decision 2003/299/EC of 14 April
2003 on the conclusion of a Protocol adjusting the trade
aspects of the Europe Agreement establishing an Association
between the European Communities and their Member States,
of the one part, and the Slovak Republic, of the other part, to
the outcome of negotiations between the
take account of
parties on new mutual agricultural concessions (1), and in parti-
cular Article 3(2) thereof,

(7)

(8)

Whereas:

(1)

(2)

(3)

(4)

In accordance with Decision 2003/299/EC, the Commu-
nity has undertaken to establish for each marketing year
import tariff quotas at a zero rate of duty for wheat and
meslin and maize originating in the Slovak Republic.

To ensure that imports of wheat and maize covered by
these tariff quotas are orderly and not speculative, they
should be made subject to the issue of import licences.
The licences should be issued, within the quantities set,
at the request of the interested parties, subject, where
appropriate, to the fixing of a reduction coefficient in
respect of the quantities applied for.

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

To take account of delivery conditions,
the import
licences should be valid from the day of their issue until
the end of the month following that in which they are
issued.

(5) With a view to the sound management of the quotas,
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 (2), as amended by
Regulation (EC) No 325/2003 (3), as regards the transfer-
able nature of the licences and the tolerance relating to
the quantities released into free circulation.

(6)

To ensure sound management of the quotas, the security
on the import licences should be set at a relatively high
level, by way of derogation from Article 10 of Commis-
sion Regulation (EC) No 1162/95 of 23 May 1995

(1) OJ L 107, 30.4.2003, p. 36.
(2) OJ L 152, 24.6.2000, p. 1.
(3) OJ L 47, 21.2.2003, p. 21.

laying down special detailed rules for the application of
the system of import and export licences for cereals and
rice (4), as last amended by Regulation (EC) No 498/
2003 (5).

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

As Council Regulation (EC) No 2434/2000 of 17
October 2000 establishing certain concessions in the
form of Community tariff quotas for certain agricultural
products and providing for an adjustment, as an autono-
mous and transitional measure, of certain agricultural
concessions provided for in the Europe Agreement with
the Slovak Republic (6) has been repealed by Decision
2003/299/EC, Commission Regulation (EC) No 2809/
2000 laying down detailed rules for the application, for
cereals sector products, of Regulations (EC) No 2290/
2000, (EC) No 2433/2000, (EC) No 2434/2000 and (EC)
No 2851/2000 establishing certain concessions in the
form of Community tariff quotas for certain agricultural
products originating in the Republic of Bulgaria,
the
Czech Republic, the Slovak Republic and the Republic of
Poland respectively and amending Regulation (EC) No
1218/96 (7), as last amended by Regulation (EC) No 573/
2003 (8), should be amended.

(9)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
Imports of wheat and meslin falling within CN code
1001 and referred to in Annex I, originating in the Slovak
Republic and benefiting from a zero rate of import duty, under
the tariff quota bearing the order number 09.4646, in accor-
dance with Decision 2003/299/EC, shall be subject
to an
import licence issued in accordance with this Regulation.

Imports of maize falling within CN code 1005 and
2.
referred to in Annex I, originating in the Slovak Republic and
benefiting from a zero rate of import duty, under the tariff
quota bearing the order number 09.4647, in accordance with
Decision 2003/299/EC, shall be subject to an import licence
issued in accordance with this Regulation.

(4) OJ L 117, 24.5.1995, p. 2.
(5) OJ L 74, 19.3.2003, p. 15.
(6) OJ L 280, 4.11.2000, p. 9.
(7) OJ L 326, 22.12.2000, p. 16.
(8) OJ L 82, 29.3.2003, p. 25.

L 115/26

EN

Official Journal of the European Union

9.5.2003

The products referred to in paragraphs 1 to 2 shall be
3.
released into free circulation upon presentation of one of the
following documents:

(a) an EUR.1 movement certificate issued by the competent
authorities of the exporting country in accordance with
Protocol 4 of the Europe Agreement concluded with that
country;

(b) an invoice declaration on the invoice provided by the

exporter in accordance with that Protocol.

Article 2

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

1.
competent authorities of
13.00 Brussels time on the second Monday of each month.

Each licence application shall be for a quantity not exceeding
the quantity available for the import of the relevant product in
the marketing year concerned.

No later than 18.00 Brussels time on the same day, the
2.
competent authorities of
fax the
Commission (No (32-2) 295 25 15), in accordance with the
model in Annex II, the total quantity resulting from the sum of
the quantities indicated on the import licence applications.

the Member States shall

Article 6

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

(a) in section 8, the name of the country of origin;

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

— Reglamento (CE) no 788/2003
— Forordning (EF) nr. 788/2003
— Verordnung (EG) Nr. 788/2003
— Kανονισµός (EK) αριθ. 788/2003
— Regulation (EC) No 788/2003
— Règlement (CE) no 788/2003
— Regolamento (CE) n. 788/2003
— Verordening (EG) nr. 788/2003
— Regulamento (CE) n.o 788/2003
— Asetus (EY) N:o 788/2003
— Förordning (EG) nr 788/2003

(c) in section 24, the words ‘zero duty’.

Article 7

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

The security for the import licences provided for in this Regula-
tion shall be EUR 30 per tonne.

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

4. Without prejudice to paragraph 3, licences shall be issued
on the fifth working day following the day on which the appli-
cation is lodged. No later than 18.00 Brussels time on the day
the licences are issued,
the
Member States shall fax the Commission the total quantity
resulting from the sum of the quantities for which import
licence were issued that same day.

the competent authorities of

Article 8

Regulation (EC) No 2809/2000 is amended as follows:

1. the title is replaced by the following:

‘Commission Regulation (EC) No 2809/2000 of 20
December 2000 laying down detailed rules for the applica-
tion, for cereals sector products, of Regulations (EC) No
2290/2000, (EC) No 2433/2000 and (EC) No 2851/2000
establishing certain concessions in the form of community
tariff quotas for certain agricultural products originating in
the Republic of Bulgaria,
the Czech Republic and the
Republic of Poland respectively and amending Regulation
(EC) No 1218/96’;

Article 3

2. Article 2 is replaced by the following:

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.

Import licences shall be valid until the end of the month
following the month in which they are issued.

Article 4

‘Article 2

Imports of the products listed in Annex I to this Regulation
originating in the Czech Republic and in the Republic of
Poland and qualifying for partial or total exemption from
import duty for the quantity and at the rate of reduction or
duty level specified therein shall be subject to the presenta-
tion of an import licence issued in accordance with this
Regulation.’;

The rights resulting from the import licences shall not be trans-
ferable.

3.

in Annex I, the rows concerning the Slovak Republic are
deleted.

Article 5

Article 9

The quantity released into free circulation may not 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.

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

It shall apply from 1 May 2003.

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Official Journal of the European Union

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

Done at Brussels, 8 May 2003.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX I

Country of origin

CN code

Quota
order No

Description

Rate of
duty

Quantity
from
1.1.2003 to
31.12.2003
(tonnes)

Annual
quantity
from
1.1.2004
(tonnes)

Slovak Republic

Slovak Republic

1001

1005

09.4646 Wheat and meslin

09.4647 Maize

Free

Free

100 000

70 000

0

0

ANNEX II

MODEL OF THE NOTIFICATION REFERRED TO IN ARTICLE 2(2)

Import quotas for wheat and maize from the Slovak Republic opened pursuant to Council Decision 2003/299/
EC

Quota

Product

CN code

Country of origin

Quantity applied
for
(tonnes)

Wheat

Maize

Wheat and meslin

Maize

1001

1005