Commission Regulation (EC) No 2094/2004 of 8 December 2004 opening and providing for the administration of a tariff quota of 10000 tonnes of oat grains otherwise worked falling within CN code 11042298
Date: 2004-12-08
Institutions: European Commission
Subjects: import, import licence, marketing, oats, tariff quota

L 362/12

EN

Official Journal of the European Union

9.12.2004

COMMISSION REGULATION (EC) No 2094/2004

of 8 December 2004

opening and providing for the administration of a tariff quota of 10 000 tonnes of oat grains
otherwise worked falling within CN code 1104 22 98

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1784/2003 of
29 September 2003 on the common organisation of
the
market in cereals (1), and in particular Article 12(1) thereof,

Whereas:

(1)

(2)

(3)

its international commitments,

In order to meet
the
Community has established for each marketing year
since 1 January 1996 a zero duty tariff quota for oat
grains otherwise worked falling within CN code
1104 22 98.

Up to the 2004/05 marketing year this tariff quota has
been managed under Commission Regulation (EC)
No 2369/96 of 12 December 1996 opening and
providing for the administration of a Community tariff
quota for 10 000 tonnes of oat grains otherwise worked
falling within CN code 1104 22 98 (2). This Regulation
provides for management through import licences, for
which applications are submitted monthly.

Commission Regulation (EC) No 2454/93 of 2 July 1993
laying down provisions
the implementation of
for
Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code (3) codifies the management
rules for tariff quotas designed to be used following the
chronological order of dates of customs declarations and
for surveillance of preferential imports.

(4) With a view to simplification and given the small volume
of
the tariff quota for oat grains otherwise worked
falling within CN code 1104 22 98, Regulation (EC) No
2454/93 should be applied to the management of this
quota from the 2005/06 marketing year on, and Regu-
lation (EC) No 2369/96 should be repealed. For admin-
istrative reasons a new serial number must be introduced
for the quota in question.

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 323, 13.12.1996, p. 8. Regulation as last amended by Regu-

lation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

(3) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

Article 9(1) of Regulation (EC) No 1784/2003 provides
for an exemption from the requirement to submit an
import licence for products having no significant appre-
the cereals
ciable impact on the supply situation of
market. The Community annually imports an average
of 6 000 tonnes of oat grains otherwise worked falling
within CN code 1104 22 98. This involves a limited
quantity of very specific products for industrial use,
with no impact on the cereals market. The exemption
from the
requirement provided for
in Article 9(1) of Regulation (EC) No 1784/2003 can
therefore be applied.

import

licence

(6)

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

The tariff quota in the Annex is hereby opened for each
marketing year running from 1 July to 30 June.

Article 2

The tariff quota referred to in Article 1 shall be managed by the
Commission in accordance with the Articles 308a, 308b and
308c of Regulation (EEC) No 2454/93.

Article 3

Imports of oat grains under the tariff quota referred to in Article
1 shall not require the submission of an import licence.

Article 4

Regulation (EC) No 2369/96 is hereby repealed.

Article 5

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

It shall apply from 1 July 2005.

9.12.2004

EN

Official Journal of the European Union

L 362/13

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

Done at Brussels, 8 December 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

ANNEX

Tariff quota with a quota period running from 1 July to 30 June

Serial
number

CN code

Description (1)

Quota volume in
net weight
(tonnes)

Tariff quota duty

Origin

09.0043

1104 22 98

Oat grains otherwise
worked

10 000

0

All third
countries
(erga omnes)

(1) Without prejudice to the rules for interpreting the Combined Nomenclature, the wording for the description of the products is to be
considered as having no more than an indicative value, the preferential treatment being determined, in the context of this Annex, by
the coverage of the CN codes as they exist at the time of adoption of this Regulation.