Commission Regulation (EC) No 1113/2003 of 26 June 2003 amending Regulation (EC) No 2376/2002 opening and providing for the administration of a Community tariff quota for barley from third countries and derogating from Council Regulation (EC) No 1766/92
Date: 2003-06-26
Institutions: European Commission
Subjects: barley, import, originating product, tariff quota

L 158/24

EN

Official Journal of the European Union

27.6.2003

COMMISSION REGULATION (EC) No 1113/2003

of 26 June 2003

amending Regulation (EC) No 2376/2002 opening and providing for the administration of a
Community tariff quota for barley from third countries and derogating from Council Regulation
(EC) No 1766/92

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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 1104/
2003 (2), and in particular Article 12(1) thereof,

Having regard to Council Decision 2003/253/EC 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 GATT
1994 for the modification of concessions with respect
to
cereals provided for in EC schedule CXL annexed to the GATT
1994 (3), and in particular Article 2 thereof,

Having regard to Council Decision 2003/254/EC of 19
December 2002 on the conclusion of an Agreement in the
form of an Exchange of Letters between the European Commu-
nity and the United States of America relating to the modifica-
tion of concessions with respect to cereals provided for in EC
schedule CXL to the GATT 1994 (4), and in particular Article 2
thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 2376/2002 (5), as
amended by Regulation (EC) No 539/2003 (6), opens a
tariff quota for the import of 300 000 tonnes of barley
falling in CN 1003 00. The implementing provisions are
similar to the ones of Commission Regulation (EC) No
2375/2002 (7), as amended by Regulation (EC) No 531/
2003 (8), opening a tariff quota for
the import of
2 981 600 tonnes of low and medium quality common
wheat.

In the framework of the common wheat tariff quota, it
is convenient to clarify the obligations of Member States
in relation to weekly communications of import licence
requests. The same provisions should be made applicable
for the barley tariff quota as well.

(1) OJ L 181, 1.7.1992, p. 21.
(2) See page 1 of this Official Journal.
(3) OJ L 95, 11.4.2003, p. 36.
(4) OJ L 95, 11.4.2003, p. 40.
(5) OJ L 358, 31.12.2002, p. 92.
(6) OJ L 80, 27.3.2003, p. 21.
(7) OJ L 358, 31.12.2002, p. 88.
(8) OJ L 79, 26.3.2003, p. 3.

The validity of import licences is currently regulated by
Article 6(1) of Commission Regulation (EC) No 1162/
95 (9), as last amended by Regulation (EC) No 498/
2003 (10). In view of the uncertainty as to the validity of
import licences,
it is appropriate to insert an express
provision in Regulation (EC) No 2376/2002 in order to
ensure that the validity of import licences under the
tariff-rate quota is not shorter than 45 days.

Regulation (EC) No 2376/2002 was initially adopted for
a transitional period from 1 January 2003 to 30 June
2003, pending the amendment of Regulation (EC) No
1766/92. Since the provisions of that Regulation have
operated satisfactorily during the period concerned, it is
appropriate to apply them on a permanent basis.

Regulation (EC) No 2376/2002 should therefore be
amended accordingly.

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

(4)

(5)

(6)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2376/2002 is amended as follows:

1. Article 4 is amended as follows:

(a) in paragraph 1, the second subparagraph is replaced by

the following:

‘Each licence application must be for a quantity that
the
may not exceed the quantity available under
subquota for the import of the product concerned in the
period concerned. Applicants may submit only one
licence application in the Member State concerned.’;

(9) OJ L 117, 24.5.1995, p. 2.
(10) OJ L 74, 20.3.2003, p. 15.

27.6.2003

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Official Journal of the European Union

L 158/25

(b) paragraph 2 is replaced by the following:

2. The following Article 5 is inserted:

‘2.
No later than 18.00 hours 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 set out in the
Annex, and the total quantity resulting from the sum of
all quantities indicated on the import licence applica-
tions. Notifications shall be made even where no appli-
cations have been lodged in a Member State. That infor-
mation must be communicated separately from the
information on other import licence applications for
cereals.

If Member States fail to send the notification of applica-
tions to the Commission within the prescribed time
limits, the Commission shall consider that no applica-
tions were lodged in the Member State concerned.’

‘Article 5

Import licences shall be valid for 45 days from the day of
issue. 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.’

3. The third paragraph of Article 10 is deleted.

Article 2

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

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

Done at Brussels, 26 June 2003.

For the Commission

Franz FISCHLER

Member of the Commission