Commission Regulation (EC) No 1472/2003 of 20 August 2003 opening and providing for the management of a Community tariff quota for grape juice and must as from the 2003/2004 marketing year
Date: 2003-08-20
Institutions: European Commission
Subjects: fruit juice, fruit product, grape, tariff quota

L 211/10

EN

Official Journal of the European Union

21.8.2003

COMMISSION REGULATION (EC) No 1472/2003

of 20 August 2003

opening and providing for the management of a Community tariff quota for grape juice and must
as from the 2003/2004 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17
in
May 1999 on the common organisation of the market
wine (1), as last amended by Regulation (EC) No 806/2003 (2),
and in particular Article 62(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

Pursuant to the Agreement concluded as part of the
World Trade Organisation multilateral
trade negotia-
tions, the Community undertook to open an annual
tariff quota for the importation of 14 000 tonnes of
grape juice and must.

Commission Regulation (EC) No 2012/96 opening and
providing for the administration of a Community tariff
quota for grape juice and must as from the 1996/97
marketing year (3), as amended by Regulation (EC) No
2499/97 (4), provided for the management of this quota
on the basis of the delivery of import licences.

The management of this quota should be improved in
the interest of administrative simplification and effi-
the first-come-first-
ciency. Experience in the use of
served management system has been positive with other
tariff quotas in the wine sector. The tariff quota for
grape juice and grape must should therefore be managed
in conformity with Article 62(2)(a) of Regulation (EC)
No 1493/1999, and on the basis of Articles 308a, 308b
and 308c of Commission Regulation (EEC) No 2454/93
of 2 July 1993 laying down provisions for the imple-
mentation of Council Regulation (EEC) No 2913/92
establishing the Community Customs Code (5), as last
amended by Regulation (EC) 1335/2003 (6).

The benefit from the tariff quota is subject to a specific
end-use. Supervision of compliance with the provisions
concerning the end-use should be carried out by the
customs authorities in accordance with the provisions of
Council Regulation (EEC) No 2913/92 of 12 October
1992 establishing the Community Customs Code (7), as
last amended by Regulation (EC) No 2700/2000 (8) and
Regulation No 2454/93 as regards goods which are
released for free circulation at a reduced rate of duty on
account of their end-use.

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 269, 22.10.1996, p. 8.
(4) OJ L 345, 16.12.1997, p. 15.
(5) OJ L 253, 11.10.1993, p. 1.
(6) OJ L 187, 26.7.2003, p. 16.
(7) OJ L 302, 19.10.1992, p. 1.
(8) OJ L 311, 12.12.2000, p. 17.

Given the considerable reduction of the customs duties
involved and the related financial risk in case of non-
compliance with these rules, it is appropriate to make
mandatory the requirement to lodge security covering
this risk. According to the rules of Community customs
legislation,
require a single
security to cover the financial risk related to any poten-
tial customs debt in respect of the goods concerned.

the customs authorities

(5)

(6)

It is therefore appropriate to repeal Regulation (EC) No
2012/96 and to replace it with a new one.

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

HAS ADOPTED THIS REGULATION:

Article 1

Opening of the tariff quota

1.
A tariff quota for the importation of 14 000 tonnes of
grape juice and must falling within CN codes 2009 61 90,
2009 69 11, 2009 69 19, 2009 69 51 and 2009 69 90 (here-
inafter ‘the tariff quota’), shall be opened each year for a period
running from 1 September to 31 August of the following year.

The tariff quota shall bear the number 09.0067.

2.
The grape juice and must referred to in paragraph 1 shall
be used for the production of grape juice and/or non-wine
sector products such as non-alcoholic drinks, jams and sauces.

The transformation of this grape juice and must shall take place
within six months following the release for free circulation of
the products concerned.

Article 2

Management of the tariff quota

The tariff quota shall be managed on a first-come-first-served
basis in accordance with Articles 308a, 308b and 308c of
Regulation (EEC) No 2454/93.

21.8.2003

EN

Official Journal of the European Union

L 211/11

Article 3

Customs duties

The customs duties applicable within the tariff quota shall be
the ad valorem duties indicated for each CN code and, in respect
of the products falling within CN code 2009 69 11, the specific
duty expressed in euro/kg provided for
in the Common
Customs Tariff of the European Communities.

Article 4

Supervision of the end-use

By way of derogation from Article 293(1)(e) of Regulation
(EEC) No 2454/93, the lodging of security shall be mandatory.
It shall cover the difference of duty between the erga omnes
third-country duty rate and the duty rate within the tariff
quota, as set out in Article 3 of this Regulation.

Article 5

Repeal

Regulation (EC) No 2012/96 is hereby repealed.

Article 6

Entry into force

In order to obtain the benefit of the tariff quota, the goods
concerned shall remain under customs supervision as set out in
Article 82 of Regulation (EEC) No 2913/92 and Articles 291 to
300 of Regulation (EEC) No 2454/93.

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 September 2003.

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

Done at Brussels, 20 August 2003.

For the Commission

Franz FISCHLER

Member of the Commission