CELEX: 52002EC2377
Language: en
Date: 2008-09-23
Title: Draft Commission Regulation (EC) no …/.. of […] on opening and providing for the administration of a Community tariff quota for malting barley from third countries and derogating from Council Regulation (EC) No 1234/2007 (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C(2008)

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

 on opening and providing for the administration of a Community tariff quota for malting barley from third countries and derogating from Council
                                                           Regulation (EC) No 1234/2007

                                                                (Codified version)

                                            ê 2377/2002 (adapted)

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

 on opening and providing for the administration of a Community tariff quota for malting barley from third countries and derogating from Council
                                                         Regulation (EC) No Ö 1234/2007 Õ

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No Ö 1234/2007 Õ of Ö 22 October 2007 Õ Ö establishing a common  organisation  of  agricultural  markets
and on specific provisions for certain agricultural products (Single CMO Regulation) Õ[1], and in particular Article  Ö 144(1),  in  relation  to
Article 4 Õ thereof,

Having regard to Council Decision Ö 2006/333/EC Õ Ö 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] Õ  and  in  particular  Article  2
thereof,

Having regard to Council Decision Ö 2007/444/EC Õ of Ö 22 February 2007 Õ Ö 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] Õ and in particular Article 2 thereof,

Whereas:

                                            ê 

   1) Commission Regulation (EC) No 2377/2002 of 27 December 2002 on opening and providing for the administration of a Community tariff quota for
      malting barley 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.

                                            ê 2377/2002 Recital 1 (adapted)

   2) Following trade negotiations, the Community has changed the conditions for the import of common wheat of low  and  medium  quality  and  of
      barley by creating import quotas . For barley, the Community has decided to replace the ‘margin of preference’ system by two tariff quotas:
      one tariff quota of 50 000 tonnes for malting barley and one tariff quota of 300 000 for barley. This Regulation concerns the tariff  quota
      of 50 000 tonnes of malting barley.

                                            ê 2377/2002 Recital 2

   3) Under the Community's international commitments, malting barley for import must be intended for use in the manufacture of beer aged in vats
      containing beechwood. In this respect, provisions should be adopted  relating  to  the  quality  criteria  for  barley  and  to  processing
      requirements similar to those of Commission Regulation (EC) No 1234/2001 of 22 June 2001 laying down detailed rules  for  applying  Council
      Regulation (EC) No 822/1999 and providing for the partial reimbursement of import duties levied on a quota of barley for malting[6].

                                            ê 2022/2006 Recital 1

   4) Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the  administration  of  import  tariff  quotas  for
      agricultural products managed by a system of import licences[7] applies to import licences for tariff quota periods starting from 1 January
      2007.

                                            ê 2022/2006 Recital 4 (adapted)

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

                                            ê 2377/2002 Recital 4 (adapted)

   6) To ensure that imports of the barley covered by this tariff quota are orderly and not speculative, they should be made subject to the issue
      of import licences.

                                            ê 2377/2002 Recital 5

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

                                            ê 2377/2002 Recital 6

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

                                            ê 2377/2002 Recital 7 (adapted)

   9) Taking account of the obligation to apply a high level of guarantee to insure adequate execution of the quota and that this guarantee would
      have to be in place during all the processing period, it is  adequate  to  exempt  importers  whose  consignments  of  malting  barley  are
      accompanied by a certificate of conformity agreed with the government of the United States  of  America  according  to  the  administrative
      cooperation procedure provided for in Articles 63 to 65 of Commission Regulation (EEC) No 2454/93 Ö of 2 July 1993 laying  down  provisions
      for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code Õ[8].

                                            ê 2377/2002 Recital 9 (adapted)

  10) To ensure sound management of this quota, the security on the import licences should be set at a  relatively  high  level,  notwithstanding
      Article Ö 12 Õ of Commission Regulation (EC) Ö 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[9] Õ

                                            ê 2377/2002 Recital 10

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

                                            ê 2377/2002 Recital 11 (adapted)

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

                                            ê 2377/2002

HAS ADOPTED THIS REGULATION:

                                                                    Article 1

Notwithstanding Articles 135 and 136(1) of Regulation (EC) No 1234/2007, the import duty for malting barley falling in CN code ex  1003 00  shall
be fixed in the framework of the quota opened by this Regulation.

Article 135 of Regulation (EC) No 1234/2007 shall apply to imports of the products referred to in this  Regulation  in  excess  of  the  quantity
provided for in Article 2.

                                                                    Article 2

                                            ê 2022/2006 Art. 2 pt. 1(a) (adapted)

1. A tariff import quota of 50 000 tonnes of malting barley falling in CN code ex 1003 00  to  be  used  in  the  manufacture  of  beer  aged  in
beechwood vats is hereby opened Ö on 1 January each year. It carries the Õ serial number 09.4061.

                                            ê 2377/2002 (adapted)

2. Duties on imports within the tariff quota shall be levied at a rate of EUR 8 per tonne.

                                            ê 2022/2006 Art. 2 pt. 1(b) (adapted)

3. Regulations (EC) Nos 1291/2000 Ö [10] Õ , 1342/2003[11] and 1301/2006 shall apply, save as otherwise provided for in this Regulation.

                                            ê 2377/2002 Art. 4

                                                                    Article 3

For the purposes of applying this Regulation:

(a)   ‘damaged grains’ means grains of barley, other cereals or wild oats that display damage, including deterioration caused by disease,  frost,
       heat, insects or fungus, bad weather and all other forms of physical damage;

(b)   ‘sound and fair merchantable barley’ means barley grains or pieces of grains that are not damaged as defined in point  (a),  except  grains
       damaged by frost or fungus.

                                            ê 2377/2002 Art. 5

                                                                    Article 4

1. The benefit of the tariff quota shall be granted provided the imported barley meets the following criteria:

(a)   specific weight: minimum 60,5 kg/hl;

(b)   damaged grains: maximum 1 %;

(c)   moisture: maximum 13,5 %;

(d)   sound and fair merchantable barley: minimum 96 %.

2. Compliance with the quality criteria set out in paragraph 1 shall be certified by one of the following documents:

(a)   a certificate of analysis carried out at the importer's request by the customs office of release for free circulation, or

(b)   a certificate of conformity for the imported barley issued by a government authority of  the  country  of  origin  and  recognised  by  the
       Commission.

                                            ê 2377/2002 Art. 6

                                                                    Article 5

1. The benefit of access to this quota shall be granted provided the following conditions are fulfilled:

(a)   the imported barley must be malted within six months from the date of release for free circulation;

(b)   the resulting malt must be used in the manufacture of beer aged in vats containing beechwood within no more than  150  days  following  the
       date on which the barley is processed into malt.

2. Applications for import licences under the tariff quota shall be accepted only if they are accompanied by:

                                            ê 2022/2006 Art. 2 pt. 3

(a)   the proof or proofs provided for in Article 5 of Regulation (EC) No 1301/2006;

                                            ê 2377/2002 Art. 6

(b)   proof that the applicant has lodged a security of EUR 85 per tonne with the competent authority of the Member State  of  release  for  free
       circulation. In case the malting barley consignments are accompanied by a certificate of conformity issued by the Federal Grain Inspection
       Service (FGIS) as referred to in Article 7, the security is reduces to EUR 10 per tonne;

(c)   a written undertaking by the applicant that all the imported goods will be processed, within six months from  the  date  of  acceptance  of
       entry for free circulation, into malt for use in the manufacture of beer aged in vats containing beechwood within 150 days  following  the
       date on which the barley was processed into malt. He shall specify the processing location by stating either a processing firm and  Member
       State or a maximum of five processing plants. Before the goods are consigned for processing a control copy T5 shall be  made  out  of  the
       office of customs clearance in accordance with Commission Regulation (EEC) No 2454/93. The information required in the first paragraph and
       the name and location of the processing plant shall be given in box 104 of the T5.

3. Processing of the imported barley into malt shall be deemed to have taken place when the malting barley has undergone  steeping.  The  use  of
the malt to manufacture beer aged in vats containing beechwood within no more than 150 days following the date on which the barley  is  processed
into malt shall be subject to verification by the competent authority.

                                            ê 2377/2002 Art. 7

                                                                    Article 6

1. The security provided for in Article 5(2)(b) shall be released provided the following conditions are fulfilled:

(a)   the quality of the barley, established on the basis of the certificate of conformity or analysis certificate, meets the criteria laid  down
       in Article 4(1);

(b)   the certificate applicant provides proof of the specific final use referred to in Article 4(1), certifying that this use  has  taken  place
       within the time limit provided for in the written undertaking referred to in Article 5(2)(c). That proof, possibly in the form of  the  T5
       control copy, must demonstrate to the satisfaction of the competent authorities of the Member State of importation that all the quantities
       imported have been processed into the product referred in Article 5(2)(c).

                                            ê 626/2003 Art. 1 pt. 1

2. Where the quality criteria and/or the conditions relating to processing set out in Articles 4 and 5 of this Regulation are not fulfilled,  the
security for import licences referred to in Article 12(a) of Regulation (EC) No 1342/2003 and the additional  security  referred  to  in  Article
5(2)(b) of this Regulation shall be forfeited.

                                            ê 2377/2002 Art. 8 (adapted)

                                                                    Article 7

A blank specimen of the certificates to be issued by theFGIS is given in Annex I. Certificates issued by theFGIS for malting barley  destined  to
be used in the manufacture of beer aged in vats containing beechwood shall be officially recognised by the Commission  under  the  administrative
cooperation procedure as specified in Articles 63 to 65  of  Regulation  (EEC)  No  2454/93.  When  the  analytical  parameters  entered  in  the
certificate of conformity issued byFGIS show  conformity  with  the  malting  barley  quality  standards  established  in  Article  4  Ö of  this
Regulation Õ samples shall be taken of at least 3 % of the cargoes arriving at each entry port during the marketing  year.  Reproduction  of  the
stamp and signatures authorised by the Government of the United States of America shall be published in the C series of the Official  Journal  of
the European Union.

                                            ê 2022/2006 Art. 2 pt. 4
                                            è1 1456/2007 Art. 3 pt. (a)

                                                                    Article 8

1. Notwithstanding Article 6(1) of Regulation (EC) No 1301/2006, applicants may not submit more than one licence  application  per  month.  Where
applicants lodge more than one application, none of those applications shall be admissible and the securities lodged when the  applications  were
submitted shall be forfeited to the Member State concerned.

Import licence applications shall be lodged with the competent authorities of the Member States no later than  the  second  è1 Friday ç  of  each
month at 13.00 (Brussels time).

2. Each licence application shall indicate a quantity in kilograms (whole numbers).

                                            ê 1456/2007 Art. 3 pt. (b)

3. No later than 18:00 (Brussels time) on the Monday following submission of the licence application, the competent authorities  shall  send  the
Commission, by electronic means, a notification showing each application with the quantity applied for, including ‘nil’ notifications.

                                            ê 1456/2007 Art. 3 pt. (c)

4. Licences shall be issued on the fourth working day following the deadline for the notification referred to in paragraph 3.

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

                                            ê 2377/2002 Art. 10

                                                                    Article 9

Import licences shall be valid for 60 days from the day of issue. 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.

                                            ê 2022/2006 Art. 2 pt. 7

                                                                    Article 10

Section 20 of the import licence application and the import licence shall contain the name of the processed product to be made from  the  cereals
concerned.

                                            ê

                                                                    Article 11

Regulation (EC) No 2377/2002 is repealed.

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 III.

                                            ê 2377/2002 Art. 14 (adapted)

                                                                    Article 12

This Regulation shall enter into force on the Ö twentieth Õ day following Ö that of Õ 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, […]

      For the Commission
      […]
      Member of the Commission

                                            ê 2377/2002

                                                                     ANNEX I

    Blank certificate of conformity authorised by the Government of the United States of America for malting barley destined to be used in the
                                              manufacture of beer aged in vats containing beechwood

                                                                      [pic]

                                                                  _____________

                                            é

                                                                     ANNEX II

                                                Repealed Regulation with its successive amendments

|Commission Regulation (EC) No 2377/2002                                               |                                                   |
|(OJ L 358, 31.12.2002, p. 95)                                                         |                                                   |
|Commission Regulation (EC) No 159/2003                                               |                                                 |
|(OJ L 25, 30.1.2003, p. 37)                                                          |                                                 |
|Commission Regulation (EC) No 626/2003                                               |                                                 |
|(OJ L 90, 8.4.2003, p. 32)                                                           |                                                 |
|Commission Regulation (EC) No 1112/2003                                              |                                                 |
|(OJ L 158, 27.6.2003, p. 23)                                                         |                                                 |
|Commission Regulation (EC) No 777/2004                                               |Only Article 13                                  |
|(OJ L 123, 27.4.2004, p. 50)                                                         |                                                 |
|Commission Regulation (EC) No 2022/2006                                              |Only Article 2                                   |
|(OJ L 384, 29.12.2006, p. 70)                                                        |                                                 |
|Commission Regulation (EC) No 1456/2007                                              |Only Article 3                                   |
|(OJ L 325, 11.12.2007, p. 76)                                                        |                                                 |

                                                                  _____________

                                                                    ANNEX III

                                                                Correlation Table

|Regulation (EC) No 2377/2002                                         |This Regulation                                                      |
|Articles 1 and 2                                                     |Articles 1 and 2                                                     |
|Article 4                                                            |Article 3                                                            |
|Article 5                                                            |Article 4                                                            |
|Article 6                                                            |Article 5                                                            |
|Article 7                                                            |Article 6                                                            |
|Article 8                                                            |Article 7                                                            |
|Article 9                                                            |Article 8                                                            |
|Article 10                                                           |Article 9                                                            |
|Article 13                                                           |Article 10                                                           |
|__                                                                   |Article 11                                                           |
|Article 14 first paragraph                                           |Article 12                                                           |
|Article 14 second paragraph                                          |__                                                                   |
|Annex I                                                              |Annex I                                                              |
|__                                                                   |Annex II                                                             |
|__                                                                   |Annex III                                                            |

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                                                             -----------------------
[1]   OJ L Ö 299, 16.11.2007, p. 1 Õ.
[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. 95. Regulation as last amended by Regulation (EC) No 1456/2007 (OJ L 325, 11.12.2007, p. 76).
[5]   See Annex II.
[6]   OJ L 168, 23.6.2001, p. 12.
[7]   OJ L 238, 1.9.2006, p. 13. Regulation as last amended by Regulation (EC) No 289/2007 (OJ L 78, 17.3.2007, p. 17).
[8]   OJ L 253, 11.10.1993, p. 1. Ö Regulation as last amended by Regulation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6) Õ.
[9]   OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regulation (EC) No 1996/2006 (OJ L 398, 30.12.2006, p. 1).
[10]  OJ L 152, 24.6.2000, p. 1.
[11]  OJ L 189, 29.7.2003, p. 12.