Commission Regulation (EC) No 1810/2003 of 15 October 2003 laying down detailed rules for applying Council Decision 2003/263/EC as regards the concessions in the form of Community tariff quotas on certain cereal products originating in the Republic of Poland
Date: 2003-10-15
Institutions: European Commission
Subjects: Poland, cereals, import licence, tariff quota

L 265/12

EN

Official Journal of the European Union

16.10.2003

COMMISSION REGULATION (EC) No 1810/2003

of 15 October 2003

laying down detailed rules for applying Council Decision 2003/263/EC as regards the concessions
in the form of Community tariff quotas on certain cereal products originating in the Republic of
Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decision 2003/263/EC of 27 March
2003 on the signature and conclusion of a Protocol adjusting
the trade aspects of the Europe Agreement establishing an asso-
ciation between the European Communities and their Member
States, of the one part, and the Republic of Poland, of the other
part, to take account of the outcome of negotiations between
the parties on new mutual agricultural concessions (1), and in
particular Article 3 thereof,

Whereas:

(1)

(2)

(3)

(4)

In accordance with Decision 2003/263/EC, the Commu-
nity has undertaken to establish import tariff quotas for
each marketing year at a zero rate of duty for common
wheat and meslin originating in the Republic of Poland.

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 2851/2000 of 22
December 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 Agreement with
the Republic of Poland (5), has been repealed by Decision
2000/263/EC, Commission Regulation (EC) No 2809/
2000 (6) laying down the detailed rules for implementing
Regulation (EC) No 2851/2000, as last amended by
Regulation (EC) No 958/2003 (7),
should also be
repealed.

Since the adjusting Protocol approved by Decision
2003/263/EC entered into force on 1 April 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
the Management
accordance with the opinion of
Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Imports of common wheat and meslin falling within CN
1.
codes 1001 90 91 and 1001 90 99 as listed in Annex I origi-
nating in the Republic of Poland and benefiting from a zero
rate of import duty under the tariff quota bearing the order
number 09.4831, in accordance with Decision 2003/263/EC,
shall be subject to an import licence issued in accordance with
this Regulation.

(1) OJ L 97, 15.4.2003, p. 53.
(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 332, 28.12.2000, p. 7.
(6) OJ L 326, 22.12.2000, p. 16.
(7) OJ L 136, 4.6.2003, p. 3.

16.10.2003

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Official Journal of the European Union

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The products referred to in paragraph 1 shall be released
2.
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.

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 boxes 17 and 18 of the import licence. The figure
‘0’ shall be entered to that effect in box 19 of the licence.

Article 6

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 1810/2003
— Forordning (EF) nr. 1810/2003
— Verordnung (EG) Nr. 1810/2003
— Kανονισµός (EK) αριθ. 1810/2003
— Regulation (EC) No 1810/2003
— Règlement (CE) no 1810/2003
— Regolamento (CE) n. 1810/2003
— Verordening (EG) nr. 1810/2003
— Regulamento (CE) n.o 1810/2003
— Asetus (EY) N:o 1810/2003
— Förordning (EG) nr 1810/2003

(c) in box 24, the words ‘zero duty’.

Article 7

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

Regulation (EC) No 2809/2000 is hereby repealed.

Article 8

Article 9

This Regulation shall enter into force on the 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, 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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ANNEX I

List of products originating in Poland referred to in Article 1(1) and (2)

CN code

Order No

Description

Rate of duty

Quantity from
1.7.2000 to
30.6.2001
(tonnes)

Yearly increase
as from
1.7.2001
(tonnes)

1001 90 91
1001 90 99

09.4831

Common wheat and
meslin

Free

200 000 (1) (2)

40 000

(1) The basic quantity for the purposes of the annual increases is 400 000 tonnes.
(2) The quantity of 200 000 shall apply from 1 January to 30 June 2001.

ANNEX II

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

Import quotas for common wheat from Poland opened by Council Decision 2003/263/EC

Quota

Product

Product codes

Quantity applied for
(tonnes)

Common wheat and meslin

1001 90 91
1001 90 99