Commission Regulation (EC) No 1811/2003 of 15 October 2003 laying down detailed rules for applying Council Decision 2003/285/EC as regards the concessions in the form of Community tariff quotas on certain cereal products originating in the Republic of Hungary
Date: 2003-10-15
Institutions: European Commission
Subjects: Hungary, cereals, import licence, tariff quota

16.10.2003

EN

Official Journal of the European Union

L 265/15

COMMISSION REGULATION (EC) No 1811/2003

of 15 October 2003

laying down detailed rules for applying Council Decision 2003/285/EC as regards the concessions
in the form of Community tariff quotas on certain cereal products originating in the Republic of
Hungary

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decision 2003/285/EC of 8 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 Republic of Hungary, 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)

In accordance with Decision 2003/285/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 or meslin flours, durum wheat groats and
meal, common wheat groats and meal and wheat pellets,
and maize (corn), maize (corn) seed, maize (corn) flour,
maize groats and meal and maize pellets originating in
the Republic of Hungary.

To ensure that imports of the products 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 appro-
priate, to the fixing of a reduction coefficient in respect
of the quantities applied for.

To ensure the proper management of these quotas, dead-
lines should be laid down for lodging licence applica-
tions and the information to be included in the applica-
tions and licences should be specified.

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

(5) 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.

(6)

(7)

(8)

(9)

To ensure sound management of the quotas, the security
on the import licences should be set at a relatively high
level, as an exception to Article 12 of Commission Regu-
lation (EC) No 1342/2003 of 28 July 2003 laying down
special detailed rules for the application of the system of
import and export licences for cereals and rice (4).

Rapid two-way communication is needed between the
Commission and the Member States regarding the quan-
tities applied for and imported.

Since Council Regulation (EC) No 1408/2002 of 29 July
2002 establishing concessions in the form of Commu-
nity tariff quotas for certain agricultural products and
providing for an adjustment, as an autonomous and
transitional measure, of certain agricultural concessions
provided for in the Europe Agreement with Hungary (5),
has been repealed by Decision 2003/285/EC, Commis-
sion Regulation (EC) No 1447/2002 (6) laying down the
detailed rules for
implementing Regulation (EC) No
1408/2002 should also be repealed.

Since the adjusting Protocol approved by Decision
2003/285/EC entered into force on 1 June 2003, the
Regulation laying down the detailed rules for imple-
menting that Decision must enter into force immedi-
ately.

(10)

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

1.
Imports of wheat and meslin falling within CN code
1001, of wheat or meslin flours falling within CN code 1101,
of groats and meal of durum wheat falling within CN code
1103 11 10, of common wheat groats and spelt falling within
CN code 1103 11 90 and of wheat pellets falling within CN
code 1103 20 60 as listed in Annex I originating in the
Republic of Hungary and benefiting from a zero rate of import
duty under the tariff quota bearing the serial number 09.4779,
in accordance with Decision 2003/285/EC, shall be subject to
an import licence issued in accordance with this Regulation.

(1) OJ L 102, 24.4.2003, p. 32.
(2) OJ L 152, 24.6.2000, p. 1.
(3) OJ L 47, 21.2.2003, p. 21.

(4) OJ L 189, 29.7.2003, p. 12.
(5) OJ L 205, 2.8.2002, p. 9.
(6) OJ L 202, 9.8.2000, p. 8.

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Official Journal of the European Union

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Imports of maize (corn) seed falling within CN code
2.
1005 10 90, of maize falling within CN code 1005 90 00, of
maize (corn) flour falling within CN code 1102 20, of groats
and meal of maize (corn) falling within CN code 1103 13 and
of maize pellets falling within CN code 1103 20 40 as listed in
Annex I originating in the Republic of Hungary and benefiting
from a zero rate of import duty under the tariff quota bearing
the serial number 09.4780, in accordance with Decision 2003/
285/EC, shall be subject to an import licence issued in accor-
dance with this Regulation.

3.
The products referred to in paragraphs 1 and 2 shall be
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) a declaration on the invoice provided by the exporter in

accordance with that Protocol.

Article 2

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.
competent authorities of
fax the
Commission (fax No (32-2) 295 25 15), in accordance with the
model in the Annex II, the total quantity resulting from the
sum of the quantities indicated on the import licence applica-
tions.

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
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.

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
licences were issued that same day.

hereto. The quantity on each licence application for a given
product shall be multiplied by the coefficient for the product in
question.

Article 4

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 5

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

Article 6

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 7

The import licence application and the import licence shall
contain the following information:

(a) in box 8, the name of the country of origin;

(b) in box 20, one of the following:

— Reglamento (CE) no 1811/2003
— Forordning (EF) nr. 1811/2003
— Verordnung (EG) Nr. 1811/2003
— Kανονισµός (EK) αριθ. 1811/2003
— Regulation (EC) No 1811/2003
— Règlement (CE) no 1811/2003
— Regolamento (CE) n. 1811/2003
— Verordening (EG) nr. 1811/2003
— Regulamento (CE) n.o 1811/2003
— Asetus (EY) N:o 1811/2003
— Förordning (EG) nr 1811/2003

(c) in box 24, the words ‘zero duty’.

Article 8

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

Article 9

Regulation (EC) No 1447/2002 is hereby repealed.

Article 3

With a view to accounting for the quantities imported under
the quotas referred to in Article 1(1) and (2), the Commission
shall apply the equivalence coefficients listed in Annex III

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

Article 10

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

Done at Brussels, 15 October 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Union

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

ANNEX I

CN code

Order No

Description

Rate of duty

Quantity from
1.7.2002 to
30.6.2003
(tonnes)

Yearly increase
as from
1.7.2003
(tonnes)

09.4779

Wheat and meslin

Free

600 000

60 000

1001

1101

1103 11 10

1103 11 90

1103 20 60

1005 10 90

09.4780

1005 90 00

1102 20 10

1102 20 90

1103 13 10
1103 13 90

1103 20 40

Durum wheat and meslin flour

Durum wheat groats and meal

Common wheat and spelt groats and
meal and spelt wheat

Wheat pellets

Other maize seed than hybrid maize
seed

Maize other than seed

Maize flour with fat content of 1,5 %
by weight or less

Maize flour with fat content 1,5 % by
weight or more

Maize groats and meal

Maize pellets

Free

450 000

45 000

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Official Journal of the European Union

L 265/19

ANNEX II

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

Import quotas for wheat and its derived products and maize and its derived products from the Republic of
Hungary opened by Council Decision 2003/285/EC

Quota

Product

Product codes

Quantity applied for
(tonnes)

Durum wheat

1001 10 00

Common wheat and meslin

1001 90

Wheat flour

Wheat
(09.4779)

and derived products

Groats and meal of durum
wheat

Groats and meal of common
wheat

Wheat pellets

Maize (corn) seed

1101 00 11

1101 00 15 91 00

1101 00 15 91 30

1101 00 15 91 50

1101 00 15 91 70

1101 00 15 91 80

1101 00 15 91 90

1101 00 90

1103 11 10 92

1103 11 10 94

1103 11 10 99

1103 11 90 92

1103 11 90 98

1103 20 60

1005 10 90

and derived products

Maize
(09.4780)

Maize other than seed

1005 90 00

Maize (corn) flour

Maize groats and meal

Maize pellets

1102 20 10 92

1102 20 10 94

1102 20 90 92

1103 13 10 91

1103 13 10 93

1103 13 10 95

1103 13 90 91

1103 20 40

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Official Journal of the European Union

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ANNEX III

EQUIVALENCE COEFFICIENTS REFERRED TO IN ARTICLE 3

Import quotas for wheat and its derived products and maize and its derived products from the Republic of
Hungary opened by Council Decision 2003/285/EC

Quota

Product

Product codes

Coefficient

Durum wheat

1001 10 00

Common wheat and meslin

1001 90 00

Wheat flour

Wheat
(09.4779)

and derived products

Groats and meal of durum
wheat

Groats and meal of common
wheat

Wheat pellets

Maize (corn) seed

Maize other than seed

Maize (corn) flour

Maize groats and meal

Maize pellets

and derived products

Maize
(09.4780)

1101 00 11

1101 00 15 91 00

1101 00 15 91 30

1101 00 15 91 50

1101 00 15 91 70

1101 00 15 91 80

1101 00 15 91 90

1101 90 90

1103 11 10 92

1103 11 10 94

1103 11 10 99

1103 11 90 92

1103 11 90 98

1103 20 60

1005 10 90

1005 90 00

1102 20 10 92

1102 20 10 94

1102 20 90 92

1103 13 10 91

1103 13 10 93

1103 13 10 95

1103 13 90 91

1103 20 40

1

1

1,37

1,37

1,28

1,18

1,09

1,02

1

1

1,50

1,34

1,26

1,37

1,28

1,02

1

1

1,4

1,2

1,2

1,8

1,4

1,2

1,2

1,02