CELEX: 31997R2638
Language: en
Date: 1997-12-30 00:00:00
Title: COMMISSION REGULATION (EC) No 2638/97 of 30 December 1997 fixing the import duties in the cereals sector

31 . 12. 97           IENI               Official Journal of the European Communities                                 L 356/23
                                      COMMISSION REGULATION (EC) No 2638/97
                                                     of 30 December 1997
                                       fixing the import duties in the cereals sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas Regulation (EC) No 1249/96 lays down detailed
                                                                   rules for the application of Council Regulation (EEC) No
 Having regard to the Treaty establishing the European             1766/92 as regards import duties in the cereals sector,
 Community,
                                                                   Whereas the import duties are applicable until new duties
Having regard to Council Regulation (EEC) No 1766/92               are fixed and enter into force; whereas they also remain in
of 30 June 1992 on the common organization of the                  force in cases where no quotation is available for the
market in cereals ('), as last amended by Commission               reference exchange referred to in Annex II to Regulation
Regulation (EC) No 923/96 (2),                                     (EC) No 1249/96 during the two weeks preceding the
                                                                   next periodical fixing;
Having regard to Commission Regulation (EC) No                     Whereas, in order to allow the import duty system to
 1249/96 of 28 June 1996 laying down detailed rules for            function normally, the representative market rates
the application of Council Regulation (EEC) No 1766/92             recorded during a reference period should be used for
as regards import duties in the cereals sector (3), as last        calculating the duties;
amended by Regulation (EC) No 2092/97 (4), and in parti­
cular Article 2 (1 ) thereof,                                      Whereas application of Regulation (EC) No 1249/96
                                                                   results in import duties being fixed as set out in the
Whereas Article 10 of Regulation (EEC) No 1766/92                  Annex to this Regulation,
provides that the rates of duty in the Common Customs
Tariff are to be charged on import of the products                 HAS ADOPTED THIS REGULATION:
referred to in Article 1 of that Regulation; whereas,
however, in the case of the products referred to in para­
                                                                                            Article 1
graph 2 of that Article, the import duty is to be equal to
the intervention price valid for such products on importa­         The import duties in the cereals sector referred to in
tion and increased by 55 % , minus the cif import price            Article 10 (2) of Regulation (EEC) No 1766/92 shall be
applicable to the consignment in question;                         those fixed in Annex I to this Regulation on the basis of
                                                                   the information given in Annex II .
Whereas, pursuant to Article 10 (3) of Regulation (EEC)
 No 1766/92, the cif import prices are calculated on the                                    Article 2
basis of the representative prices for the product in ques­
tion on the world market;                                          This Regulation shall enter into force on 1 January 1998 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 30 December 1997.
                                                                             For the Commission
                                                                           Hans VAN DEN BROEK
                                                                         Member of the Commission
(') OJ L  181 , 1 . 7. 1992, p. 21 .
0   OJ L  126,  24. 5. 1996, p. 37.
(3) OJ L  161 , 29. 6. 1996, p. 125.
 4  OJ L 292,   25. 10 . 1997, p. 10.
 ---pagebreak--- L 356/24                 PEN                   Official Journal of the European Communities                                                         31 . 12. 97
                                                                         ANNEX I
                       Import duties for the products listed in Article 10 (2) of Regulation (EEC) No 1766/92
                                                                                                    Import duty
                                                                                            by land inland waterway              Import duty by air or
                                                                                                    or sea from                    by sea from other
        CN code                                 Description                                       Mediterranean,                          ports (2)
                                                                                                the Black Sea or                       (ECU/tonne)
                                                                                         Baltic Sea ports (ECU/tonne)
       1001 10 00        Durum wheat (')                                                                 0,00                               0,00
       1001 90 91        Common wheat seed                                                             35,42                               25,42
       1001 90 99        Common high quality wheat other than for sowing (3)                           35,42                               25,42
                         medium quality                                                                57,40                               47,40
                         low quality                                                                   65,55                               55,55
       1002 00 00        Rye                                                                           75,58                               65,58
       1003 00 10        Barley, seed                                                                  75,58                               65,58
       1003 00 90        Barley, other (3)                                                             75,58                               65,58
       1005 10 90        Maize seed other than hybrid                                                  84,56                               74,56
       1005 90 00        Maize other than seed (3)                                                     84,56                               74,56
       1007 00 90        Grain sorghum other than hybrids for sowing                                   75,58                               65,58
(') In the case of durum wheat not meeting the minimum quality requirements referred to in Annex I to Regulation (EC) No 1249/96, the duty applicable is
     that fixed for low-quality common wheat.
(■1) For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal (Article 2 (4) of Regulation (EC) No 1 249/96), the importer may benefit
     from a reduction in the duty of:
     — ECU 3 per tonne, where the port of unloading is on the Mediterranean Sea, or
     — ECU 2 per tonne, where the port of unloading is in Ireland, the United Kingdom, Denmark, Sweden, Finland or the Atlantic Coasts of the Iberian
         Peninsula .
(3) The importer may benefit from a flat-rate reduction of ECU 14 or 8 per tonne, where the conditions laid down in Article 2 (5) of Regulation (EC) No
     1249/96 are met.
 ---pagebreak--- 31 . 12. 97            EN                 Official Journal of the European Communities                                        L 356/25
                                                               ANNEX II
                                                    Factors for calculating duties
                                        (period from 15 December 1997 to 29 December 1997)
1 . Averages over the two-week period preceding the day of fixing:
                    Exchange quotations            Minneapolis      Kansas City       Chicago      Chicago     Minneapolis  Minneapolis
    Product (% proteins at 1 2 % humidity)         HRS2. 14%     HRW2. 11,5%          SRW2          YC3          HAD2       US barley 2
    Quotation (ECU/tonne)                            123,36            114,31         111,53        95,00      210,92 (')    100,22 (>)
    Gulf premium (ECU/tonne)                           —
                                                                        14,16           8,80         6,32          —            —
    Great Lakes premium (ECU/tonne)                   17,02              —              —            —             —            —
    (') Fob Duluth.
2. Freight/cost: Gulf of Mexico — Rotterdam: ECU 13,51 per tonne; Great Lakes — Rotterdam: ECU 23,60 per tonne.
3. Subsidy within the meaning of the third paragraph of Article 4 (2) of Regulation (EC) No 1249/96: ECU 0,00 per tonne (HRW2)
                                                                                                   : ECU 0,00 per tonne (SRW2).