Council Regulation (EC) No 1104/2003 of 26 May 2003 amending Regulation (EC) No 1766/92 with regard to the calculation of import duties on certain cereals
Date: 2003-05-26
Institutions: Council of the European Union
Subjects: CCT duties, cereals, customs duties, import

27.6.2003

EN

Official Journal of the European Union

L 158/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1104/2003

of 26 May 2003

amending Regulation (EC) No 1766/92 with regard to the calculation of import duties on certain
cereals

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 37 thereof,

Article 1

In Article 10 of Regulation (EEC) No 1766/92, paragraphs 2, 3
and 4 shall be replaced by the following:

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

For the purposes of calculating import duty, Article
10(2) of Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market
in cereals (3) provides for a complementary, derogating
mechanism for certain basic cereals.

This derogation has been abolished for average and poor
quality wheat and for barley following the conclusion of
the negotiations with the United States and Canada
under Article XXVIII of the GATT, approved by Council
2003/254/EC (5)
Decisions
concerning the conclusion of Agreements in the form of
an Exchange of Letters between the European Commu-
nity, on the one hand, and Canada and the United States
of America respectively, on the other hand.

2003/253/EC (4)

and

‘1.
Notwithstanding paragraph 1, the import duty on
products covered by CN codes 1001 10 00, 1001 90 91,
ex 1001 90 99 (high quality common wheat), 1002,
ex 1005 other than hybrid seed, and ex 1007 other than
hybrid for sowing, shall be equal to the intervention price
valid for such products on importation and increased by
55 %, minus the cif import price applicable to the consign-
ment in question. However, that duty may not exceed the
rate of duty in the Common Customs Tariff.

2.
For the purposes of calculating the import charge
referred to in paragraph 2 representative cif import prices
shall be established for the products referred to in that
paragraph.

Such representative cif import prices shall be established
on a regular basis.

Detailed rules for the application of this Article shall
3.
be adopted in accordance with the procedure laid down in
Article 23.

The detailed rules shall in particular specify:

(a) the minimum requirements for high quality common

wheat,

(b) the price quotations to be taken into consideration,

(c) the possibility, where appropriate in specific cases, of
giving operators the opportunity of knowing the charge
applicable before the arrival of
the consignments
concerned.’

(3)

Regulation (EEC) No 1766/92 should therefore be
amended accordingly,

Article 2

(1) Not yet published in the Official Journal.
(2) 8 April 2003 (not yet published in the Official Journal).
(3) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regula-

tion (EC) No 1666/2000 (OJ L 193, 29.7.2000, p. 1).

(4) OJ L 95, 11.4.2003, p. 36.
(5) OJ L 95, 11.4.2003, p. 40.

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

It shall apply from 1 January 2003.

L 158/2

EN

Official Journal of the European Union

27.6.2003

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

Done at Brussels, 26 May 2003.

For the Council

The President

G. DRYS