Commission Regulation (EC) No 1067/2008 of 30 October 2008 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EC) No 1234/2007 (Codified version)
Date: 2008-10-30
Institutions: European Commission
Subjects: common wheat, import licence, originating product, tariff quota, third country

31.10.2008

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Official Journal of the European Union

L 290/3

COMMISSION REGULATION (EC) No 1067/2008

of 30 October 2008

opening and providing for the administration of Community tariff quotas for common wheat of a
quality other than high quality from third countries and derogating from Council Regulation (EC)
No 1234/2007

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 144(1), in conjunction with Article 4 thereof,

Having regard to Council Decision 2006/333/EC of 20 March
2006 on the conclusion of an Agreement in the form of an
Exchange of Letters between the European Community and the
United States of America pursuant to Article XXIV:6 and Article
XXVIII of the General Agreement on Tariffs and Trade (GATT)
1994 relating to the modification of concessions
in the
schedules of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the
Republic of Poland, the Republic of Slovenia and the Slovak
Republic in the course of
their accession to the European
Union (2), and in particular Article 2 thereof,

Having regard to Council Decision 2007/444/EC of 22 February
2007 on the conclusion of an Agreement between the
European Community and the Government of Canada on the
conclusion of GATT Article XXIV:6 Negotiations (3), and in
particular Article 2 thereof,

Whereas:

(1)

(2)

(EC) No

2375/2002

Commission Regulation
of
27 December 2002 opening and providing for the ad­
ministration of Community tariff quotas for common
wheat of a quality other than high quality from third
countries and derogating from Council Regulation (EEC)
No 1766/92 (4) has been substantially amended several
times (5). In the interests of clarity and rationality the said
Regulation should be codified.

trade negotiations,

Following
changed the conditions for
wheat of

low and medium quality,

the Community has
the import of common
is common

that

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 124, 11.5.2006, p. 13.
(3) OJ L 169, 29.6.2007, p. 53.
(4) OJ L 358, 31.12.2002, p. 88.
(5) See Annex I.

wheat of a quality other than high quality, as defined in
Annex I to Commission Regulation (EC) No 1249/96 of
28 June 1996 on rules of application (cereal sector
import
for Council Regulation (EEC) No
1766/92 (6), by creating an import quota.

duties)

This import quota relates to a maximum annual quantity
including 572 000 tonnes for
of 2 989 240 tonnes,
imports originating in the United States and 38 853
tonnes for imports originating in Canada.

(EC) No

1301/2006

Commission Regulation
of
31 August 2006 laying down common rules for the
tariff quotas for agricultural
administration of
licences (7)
products managed by a system of
import
tariff quota periods
to import
applies
starting from 1 January 2007.

licences

import

for

Regulation (EC) No 1301/2006 applies without prejudice
to additional conditions or derogations which might be
laid down by this Regulation.

To ensure that imports of the common wheat covered by
these tariff quotas are orderly and not speculative, they
should be made subject to the issue of import licences.

To ensure the proper management of
these quotas,
deadlines for the lodging of licence applications should
be laid down and the information to be included in
applications and licences should be specified.

To take account of supply conditions, a derogation
should be made concerning the period of validity of
the licences.

To ensure sound management of the quotas, the security
on the import licences should be set at a relatively high
level, notwithstanding 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 (8).

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(6) OJ L 161, 29.6.1996, p. 125.
(7) OJ L 238, 1.9.2006, p. 13.
(8) OJ L 189, 29.7.2003, p. 12.

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Official Journal of the European Union

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(10)

Rapid two-way communication should be established
between the Commission and the Member States
regarding the quantities applied for and imported.

(11)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

in the take-up of subquotas I or

2. Where, in the course of a year, it emerges that there is a
serious shortfall
the
Commission may, with the agreement of
the third country
concerned, adopt arrangements to transfer the unused quantities
in accordance with the procedure
to the other subquotas,
referred to in Article 195(2) of Regulation (EC) No 1234/2007.

II,

Subquota

3.
subperiods, covering the following dates and quantities:

shall be divided into four quarterly

III

HAS ADOPTED THIS REGULATION:

(a) subperiod 1: 1 January to 31 March — 594 597 tonnes;

Article 1

Notwithstanding Article 135 and Article 136(1) of Regulation
(EC) No 1234/2007, the import duty for common wheat falling
in CN code 1001 90 99, of a quality other than high quality as
defined in Annex I to Regulation (EC) No 1249/96, shall be
fixed in the framework of the quota opened by this Regulation.

(b) subperiod 2: 1 April to 30 June — 594 597 tonnes;

(c) subperiod 3: 1 July to 30 September — 594 597 tonnes;

(d) subperiod 4: 1 October

to 31 December — 594 596

Article 135 of Regulation (EC) No 1234/2007 shall apply to
imports of the products referred to in this Regulation in excess
of the quantities provided for in Article 3.

tonnes.

Article 2

1.
A tariff quota of 2 989 240 tonnes of common wheat
falling within CN code 1001 90 99, of a quality other than
high quality, is hereby opened on 1 January each year.

Duties on imports within the tariff quota shall be levied at

2.
a rate of EUR 12 per tonne.

Commission Regulations (EC) No 376/2008 (1), (EC) No
3.
1342/2003 and (EC) No 1301/2006 shall apply, save as
otherwise provided for in this Regulation.

Article 3

The overall

1.
subquotas:

tariff quota shall be divided into three

— subquota I (serial number 09.4123): 572 000 tonnes for the

United States of America,

— subquota II
Canada,

(serial number 09.4124): 38 853 tonnes for

— subquota III (serial number 09.4125): 2 378 387 tonnes for

other third countries.

(1) OJ L 114, 26.4.2008, p. 3.

4. Where the quantities for one of the subperiods 1, 2 or 3
are exhausted, the Commission may bring forward the opening
of the following subperiod in accordance with the procedure
referred to in Article 195(2) of Regulation (EC) No 1234/2007.

Article 4

applicants may not

Notwithstanding Article 6(1) of Regulation (EC) No
1.
than one
1301/2006,
licence application per serial number and per week. Where
those
applicants lodge more than one application, none of
applications
lodged
when the applications were submitted shall be forfeited to the
Member State concerned.

shall be admissible and the securities

submit more

Import licence applications shall be lodged with the competent
authorities of the Member States each week no later than Friday
at 13.00 (Brussels time).

Each licence application shall

2.
kilograms (whole numbers) which may not exceed:

indicate a quantity in

— for subquotas I and II, the total quantity opened for the year

for the subquota concerned,

— for subquota III, the total quantity opened for the subperiod

concerned.

The import licence application and the import licence shall
mention a single country of origin.

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No later

than 18.00 (Brussels time) on the Monday
3.
following the week in which the licence application was
lodged, the competent authorities shall send the Commission,
by electronic means, a notification showing, by serial number,
each application with the origin of the product and the quantity
applied for, including ‘nil’ notifications.

Licences shall be issued on the fourth working day
the notification referred to in

4.
following the deadline for
paragraph 3.

Member States shall communicate to the Commission, by elec­
tronic means, on the day of issue of the import licences, the
information on the
referred to in
Article 11(1)(b) of Regulation (EC) No 1301/2006, with the
total quantities for which import licences have been issued.

issued as

licences

Article 7

Notwithstanding Article 12(a) and (b) of Regulation (EC) No
1342/2003, the security for the import licences provided for
in this Regulation shall be EUR 30 per tonne.

Article 8

In the framework of the tariff quota, the release into free circu­
lation in the Community of common wheat of a quality other
than high quality originating in a third country shall be condi­
tional upon production of a certificate of origin issued by the
competent national authorities of that country,
in accordance
with Article 47 of Commission Regulation (EEC) No
2454/93 (1).

Article 5

Article 9

Regulation (EC) No 2375/2002 is repealed.

In accordance with Article 22(2) of Regulation (EC) No
376/2008,
the licence shall be
the period of validity of
calculated from the actual day of issue.

Article 6

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex II.

Section 8 of the import licence application and the import
licence shall contain the name of the country of origin and
‘Yes’ shall be marked with a cross. Licences shall be valid
only for products originating in the country indicated in
section 8.

Article 10

This Regulation shall enter into force on the 20th 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, 30 October 2008.

For the Commission
The President

José Manuel BARROSO

(1) OJ L 253, 11.10.1993, p. 1.

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ANNEX I

Repealed Regulation with list of its successive amendments

Commission Regulation (EC) No 2375/2002
(OJ L 358, 31.12.2002, p. 88).

Commission Regulation (EC) No 531/2003
(OJ L 79, 26.3.2003, p. 3).

Commission Regulation (EC) No 1111/2003
(OJ L 158, 27.6.2003, p. 21).

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

Commission Regulation (EC) No 491/2006
(OJ L 89, 28.3.2006, p. 3).

Commission Regulation (EC) No 971/2006
(OJ L 176, 30.6.2006, p. 51).

Commission Regulation (EC) No 2022/2006
(OJ L 384, 29.12.2006, p. 70).

Commission Regulation (EC) No 932/2007
(OJ L 204, 4.8.2007, p. 3).

Commission Regulation (EC) No 1456/2007
(OJ L 325, 11.12.2007, p. 76).

Only Article 12

Only Article 1

Only Article 1

Only Article 2

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ANNEX II

Correlation Table

Regulation (EC) No 2375/2002

This Regulation

Articles 1, 2 and 3

Articles 1, 2 and 3

Article 5

Article 6

Article 9

Article 10

Article 11

—

Article 12, first paragraph

Article 12, second paragraph

—

—

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

—

Annex I

Annex II