Commission Regulation (EC) No 925/2003 of 27 May 2003 laying down detailed rules for the application of Council Decision 2003/298/EC as regards the concessions in the form of Community tariff quotas on certain cereal products originating in the Czech Republic and amending Regulation (EC) No 2809/2000
Date: 2003-05-27
Institutions: European Commission
Subjects: Czechia, cereal product, originating product, tariff quota

28.5.2003

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Official Journal of the European Union

L 131/3

COMMISSION REGULATION (EC) No 925/2003

of 27 May 2003

laying down detailed rules for the application of Council Decision 2003/298/EC as regards the
concessions in the form of Community tariff quotas on certain cereal products originating in the
Czech 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 2003/298/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 Czech Republic, of the other part, to
take account of
the outcome of negotiations between the
parties on new mutual agricultural concessions (1), and in parti-
cular Article 3(2) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

In accordance with Decision 2003/298/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, wheat and meslin flour, malt and maize origi-
nating in the Czech 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 ensure that the products imported from the Czech
Republic are without export subsidies and not origi-
the import
nating from public intervention stocks,
licence application and the import licence should be
accompanied by a specific certificate.

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

(1) OJ L 107, 30.4.2003, p. 12.

(6) 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 last amended
by Regulation (EC) No 325/2003 (3), as regards the
transferable nature of
the licences and the tolerance
relating to the quantities released into free circulation.

(7)

(8)

(9)

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
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 2433/2000 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 Agreements with
the Czech Republic (6) has been repealed by Decision
and 2003/298/EC, Commission Regulation (EC) No
2809/2000 of 20 December 2000 laying down detailed
rules for the application, 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 agri-
cultural products originating in the Republic of Bulgaria,
the Czech Republic and the Republic of Poland respec-
tively and repealing Regulation (EC) No 1218/96 (7), as
last amended by Regulation (EC) No 788/2003 (8),
should be amended.

(2) OJ L 152, 24.6.2000, p. 1.
(3) OJ L 47, 21.2.2003, p. 21.
(4) OJ L 117, 24.5.1995, p. 2.
(5) OJ L 74, 20.3.2003, p. 15.
(6) OJ L 280, 4.11.2000, p. 1.
(7) OJ L 326, 22.12.2000, p. 16.
(8) OJ L 115, 9.5.2003, p. 25.

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Official Journal of the European Union

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(10)

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

concerned, the Commission shall set, no later than the third
working day after the applications were lodged, a single reduc-
tion coefficient to be applied to the quantities requested.

HAS ADOPTED THIS REGULATION:

Article 1

Imports of wheat and meslin falling within CN code
1.
1001 as referred to in Annex I originating in the Czech
Republic and benefiting from a zero rate of import duty, under
the tariff quota bearing the order number 09.4638, in accor-
dance with Decision 2003/298/EC, shall be subject
to an
import licence issued in accordance with this Regulation.

2.
Imports of maize falling within CN code 1005 10 90 and
1005 90 00 as referred to in Annex I originating in the Czech
Republic and benefiting from a zero rate of import duty, under
the tariff quota bearing the order number 09.4639, in accor-
dance with Decision 2003/298/EC, shall be subject
to an
import licence issued in accordance with this Regulation.

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.

4. Without prejudice to paragraph 3, licences shall be issued
on the fifth working day following the day on which the appli-
cation was lodged. No later than 18.00 (Brussels time) on the
day the licences are issued, the competent authorities of 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.

Article 3

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 were issued.

Article 4

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

Article 5

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.

Article 2

Article 6

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.
fax the
competent authorities of
Commission (number (00-32) 22 95 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 appli-
cations.

the Member States shall

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

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 exceeds the quota for the marketing year

The import licence application and the import licence

1.
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 925/2003

— Forordning (EF) nr. 925/2003

— Verordnung (EG) Nr. 925/2003
— Kανονισµός (EK) αριθ. 925/2003
— Regulation (EC) No 925/2003

— Règlement (CE) no 925/2003

— Regolamento (CE) n. 925/2003

— Verordening (EG) nr. 925/2003

— Regulamento (CE) n.o 925/2003

— Asetus (EY) N:o 925/2003

— Förordning (EG) nr 925/2003

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

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For the products imported under the quotas referred to in
2.
Article 1(1), the import licence application and the import
licence shall be accompanied by a certificate stating that the
exported product is without export subsidies and not origi-
nating from the public intervention stock. Certificates issued by
the Czech State Agricultural Intervention Fund (SIAF) shall be
officially recognised by the Commission under an administra-
tive cooperation procedure as specified in Articles 63 to 65 of
Commission Regulation (EEC) No 2454/93 (1).

the
Blank specimen of
stamp and signatures authorised by the Czech authorities are
set out in Annex III (A) and (B).

this certificate and reproduction of

Article 7

2290/2000 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 and in the Republic of Poland respectively and
repealing Regulation (EC) No 1218/96’

2. Article 2 is replaced by the following:

‘Article 2

Imports of the products listed in Annex I originating in the
Republic of Poland and qualifying for total exemption from
import duty for the quantity specified therein shall be
subject to the presentation of an import licence issued in
accordance with this Regulation.’

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

3. In Annex I,
deleted.

the row concerning the Czech Republic is

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

Article 9

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 June 2003.

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

Done at Brussels, 27 May 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 253, 11.10.1993, p. 1.

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List of products originating in the Czech Republic referred to in Article 1(1) and (2)

ANNEX I

CN code

Quota order
number

Description

Rate of duty

1001

09.4638

Wheat and meslin

1005 10 90
1005 90 00

09.4639

Maize

Free

Free

Annual quantity
from 1.1.2003
to 31.12.2003
and following
years

200 000

20 000

(tonnes)

Yearly increase
as from
1.1.2004

0

0

ANNEX II

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

Import quotas for wheat and maize from the Czech Republic opened by Decision 2003/298/EC

Quota

Product

CN code

Quantity applied for

(tonnes)

Wheat

Maize

Wheat and meslin

1001

Maize

1005 10 90
1005 90 00

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A. Blank certificate referred to in Article 6(2)

ANNEX III

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B. Authorised signatures and stamps referred to in Article 6(2)