Commission Regulation (EC) No 970/2003 of 5 June 2003 amending Regulation (EC) No 788/2003 as regards wheat and meslin flour and malt import quotas
Date: 2003-06-05
Institutions: European Commission
Subjects: cereal flour, import, import restriction, malt, meslin, tariff quota, wheat

6.6.2003

EN

Official Journal of the European Union

L 139/25

COMMISSION REGULATION (EC) No 970/2003

of 5 June 2003

amending Regulation (EC) No 788/2003 as regards wheat and meslin flour and malt import quotas

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
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 the Decision 2003/299/EC, which is
applicable from 1 May 2003, the Community has under-
taken to establish for each marketing year import tariff
quotas at a reduced or zero rate of duty for 16 875
(order number
tonnes of wheat and meslin flour
09.4618) and 18 125 tonnes of malt, not roasted, other
than of wheat (order number 09.4619) originating in
the Slovak Republic.

These import quotas should be managed according to
the provisions of 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 (2) until 30 June 2003.

In the interest of
simplification the provisions of
Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of
Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code (3), as last amended by Regu-
lation (EC) No 444/2002 (4), should be applied to those
quotas as from 1 July 2003, which is the starting date of
the new marketing year.

The reference to CN code for maize referred to in Article
1, Annex I and Annex II of Regulation (EC) No 788/
2003 does not correspond to the reference mentioned in
Decision 2003/299/EC. This error should therefore be
corrected.

The periods of application of the quotas mentioned in
Annex I to Regulation (EC) No 788/2003 are not in
conformity with the periods provided for in Decision
2003/299/EC. That Annex should therefore be replaced.

(1) OJ L 107, 30.4.2003, p. 36.
(2) OJ L 115, 9.5.2003, p. 25.
(3) OJ L 253, 11.10.1993, p. 1.
(4) OJ L 68, 12.3.2002, p. 11.

(6)

(7)

Regulation (EC) No 788/2003 should therefore be
amended accordingly.

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

Regulation (EC) No 788/2003 is amended as follows:

1. Article 1 is amended as follows:

(a) in paragraph 2, the terms ‘CN code 1005’ are replaced
by the terms ‘CN codes 1005 10 90 and 1005 90 00’.

(b) the following paragraphs 2a and 2b are inserted:

‘2a.
Imports of wheat and meslin flour falling within
CN code 1101 00 as referred to in Annex I originating
in the Slovak Republic and benefiting from a reduction
to 20 % of the most favoured nations rate of import
duty, under the tariff quota bearing the order number
09.4618,
in accordance with Decision 2003/299/EC,
shall be subject to an import licence issued in accor-
dance with this Regulation.

2b.
Imports of malt, not roasted, other than of wheat
falling within CN code 1107 10 99 as referred to in
Annex I originating in the Slovak Republic and bene-
fiting from a zero rate of import duty, under the tariff
quota bearing the order number 09.4619, in accordance
with Decision 2003/299/EC, shall be subject
to an
import licence issued in accordance with this Regula-
tion.’

(c) in paragraph 3, the introductory phrase is replaced by

the following:

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

2. The following Article 1a is inserted:

‘Article 1a

From 1 July 2003, imports of wheat and meslin flour and
malt, not roasted, other than of wheat originating in the
Slovak Republic referred to in Annex I shall be administered
by the Commission in accordance with Articles 308a, 308b
and 308c of Regulation (EEC) No 2454/93 (*). From that
date, the order numbers of these import quotas shall be,
respectively, 09.5833 and 09.5834.

(*) OJ L 253, 11.10.1993, p. 1.’

L 139/26

EN

Official Journal of the European Union

6.6.2003

3. In the second subparagraph of Article 3,

the following

5. Annex II is replaced by the text in Annex II to this Regula-

sentence is added:

tion.

‘However, import licences issued in June 2003 for products
imported under the quotas referred to in Article 1(2a) and
(2b) shall only be valid until 30 June 2003.’

4. Annex I is replaced by the text in Annex I to this Regula-

Article 2

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

tion.

It shall apply from 1 May 2003.

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

Done at Brussels, 5 June 2003.

For the Commission

Franz FISCHLER

Member of the Commission

6.6.2003

EN

Official Journal of the European Union

L 139/27

ANNEX I

‘ANNEX I

List of products originating in the Slovak Republic referred to in Article 1(1) to (2b) and in Article 1a

CN code

Quota order
number from
1.7.2002 to
30.6.2003

Quota order
number from
1.7.2003

Description

Rate of duty
(% of MFN)

1001

09.4646

09.4646 Wheat and meslin

1005 10 90
1005 90 00

09.4647

09.4647

Maize

1101 00

09.4618

09.5833 Wheat and meslin flour

1107 10 99

09.4619

09.5834

Malt, not roasted, other than
of wheat

Free

Free

20 %

Free

Quantity
from
1.7.2002 to
30.6.2003
(tonnes)

Annual quan-
tity from
1.7.2003
(tonnes)

50 000

100 000

35 000

70 000

16 875

16 875

18 125

18 125’

ANNEX II

‘ANNEX II

Model of the notification referred to in Article 2(2)

Import quotas for wheat, maize, wheat flour and malt from the Slovak Republic opened by Decision 2003/299/
EC

Quota

Product

CN code

Quantity applied for
(tonnes)

Wheat

Maize

Flour

Malt

Wheat and meslin

Maize

Wheat and meslin flour

1001

1005 10 90
1005 90 00

1101 00

Malt, not roasted, other than of wheat

1107 10 99’