CELEX: 31998R2857
Language: en
Date: 1998-12-30 00:00:00
Title: Commission Regulation (EC) No 2857/98 of 30 December 1998 fixing the import duties in the cereals sector

L 358/72             EN                 Official Journal of the European Communities                                 31. 12. 98
                                   COMMISSION REGULATION (EC) No 2857/98
                                                   of 30 December 1998
                                    fixing the import duties in the cereals sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas the import duties are applicable until new duties
                                                                   are fixed and enter into force; whereas they also remain in
Having regard to the Treaty establishing the European              force in cases where no quotation is available for the
Community,                                                         reference exchange referred to in Annex II to Regulation
                                                                   (EC) No 1249/96 during the two weeks preceding the
Having regard to Council Regulation (EEC) No 1766/92               next periodical fixing;
of 30 June 1992 on the common organization of the
market in cereals (1), as last amended by Commission               Whereas, in order to allow the import duty system to
Regulation (EC) No 923/96 (2),                                     function normally, the representative market rates
                                                                   recorded during a reference period should be used for
                                                                   calculating the duties;
Having regard to Commission Regulation (EC) No 1249/
96 of 28 June 1996 laying down detailed rules for the              Whereas application of Regulation (EC) No 1249/96
application of Council Regulation (EEC) No 1766/92 as              results in import duties being fixed as set out in the
regards import duties in the cereals sector (3), as last           Annex to this Regulation;
amended by Regulation (EC) No 2519/98 (4), and in
particular Article 2 (1) thereof,                                  Whereas Article 2 of Council Regulation (EC) No 1103/
                                                                   97 of 17 June 1997 on certain provisions relating to the
Whereas Article 10 of Regulation (EEC) No 1766/92                  introduction of the euro (5) provides that, as from 1
provides that the rates of duty in the Common Customs              January 1999, all references to the ecu in legal instru-
Tariff are to be charged on import of the products                 ments are to be replaced by references to the euro at the
referred to in Article 1 of that Regulation; whereas,              rate of EUR 1 to ECU 1; whereas, for the sake of clarity,
however, in the case of the products referred to in para-          the denomination ‘euro' should be used in this Regula-
graph 2 of that Article, the import duty is to be equal to         tion since it is to apply from 1 January 1999,
the intervention price valid for such products on
importation and increased by 55 %, minus the cif import
price applicable to the consignment in question; however,          HAS ADOPTED THIS REGULATION:
that duty may not exceed the rate of duty in the Common
Customs Tariff;                                                                               Article 1
Whereas, pursuant to Article 10 (3) of Regulation (EEC)            The import duties in the cereals sector referred to in
No 1766/92, the cif import prices are calculated on the            Article 10 (2) of Regulation (EEC) No 1766/92 shall be
basis of the representative prices for the product in ques-        those fixed in Annex I to this Regulation on the basis of
tion on the world market;                                          the information given in Annex II.
Whereas Regulation (EC) No 1249/96 lays down detailed                                         Article 2
rules for the application of Council Regulation (EEC) No
1766/92 as regards import duties in the cereals sector;            This Regulation shall enter into force on 1 January 1999.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 30 December 1998.
                                                                              For the Commission
                                                                               Karel VAN MIERT
                                                                          Member of the Commission
(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 161, 29. 6. 1996, p. 125.
(4) OJ L 315, 25. 11. 1998, p. 7.                                  (5) OJ L 162, 19. 6. 1997, p. 1.
 ---pagebreak--- 31. 12. 98                EN                      Official Journal of the European Communities                                                      L 358/73
                                                                         ANNEX I
                      Import duties for the products covered by 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                     (EUR/tonne)
                                                                                           Baltic Sea ports (EUR/tonne)
     1001 10 00         Durum wheat high quality                                                       55,52                               45,52
                        medium quality (1)                                                             65,52                               55,52
     1001 90 91         Common wheat seed                                                              49,73                               39,73
     1001 90 99         Common high quality wheat other than for sowing (3)                            49,73                               39,73
                        medium quality                                                                 79,22                               69,22
                        low quality                                                                    99,40                               89,40
     1002 00 00         Rye                                                                           108,75                               98,75
     1003 00 10         Barley, seed                                                                  108,75                               98,75
     1003 00 90         Barley, other (3)                                                             108,75                               98,75
     1005 10 90         Maize seed other than hybrid                                                  107,67                               97,67
     1005 90 00         Maize other than seed (3)                                                     107,67                               97,67
     1007 00 90         Grain sorghum other than hybrids for sowing                                   108,75                               98,75
(1) In the case of durum wheat not meeting the minimum quality requirements for durum wheat of medium quality, referred to in Annex I to Regulation (EC)
    No 1249/96, the duty applicable is that fixed for low-quality common wheat.
(2) For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal (Article 2(4) of Regulation (EC) No 1249/96), the importer may benefit
    from a reduction in the duty of:
    — EUR 3 per tonne, where the port of unloading is on the Mediterranean Sea, or
    — EUR 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 EUR 14 or 8 per tonne, where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96
    are met.
 ---pagebreak--- L 358/74               EN                             Official Journal of the European Communities                                 31. 12. 98
                                                                          ANNEX II
                                                                Factors for calculating duties
                                                  (period from 15 December 1998 to 29 December 1998)
1. Averages over the two-week period preceding the day of fixing:
                   Exchange quotations                 Minneapolis     Kansas-City    Chicago  Chicago   Minneapolis  Minneapolis Minneapolis
   Product (% proteins at 12 % humidity)              HRS2. 14 % HRW2. 11,5 %         SRW2      YC3       HAD2         Medium     US barley 2
                                                                                                                      quality (*)
   Quotation (EUR/tonne)                                 112,21          99,10         87,24    73,91      129,94       119,94      76,72
   Gulf premium (EUR/tonne)                               25,57          10,20          1,88     6,94        —            —           —
   Great Lakes premium (EUR/tonne)                         —               —            —        —           —            —           —
   (*) A discount of EUR 10 per tonne (Article 4(1) of Regulation (EC) No 1249/96).
2. Freight/cost: Gulf of Mexico — Rotterdam: EUR 10,87 per tonne; Great Lakes — Rotterdam: EUR 21,10 per tonne.
3. Subsidy within the meaning of the third paragraph of Article 4(2) of Regulation (EC) No 1249/96: EUR 0,00 per tonne (HRW2)
                                                                                                       EUR 0,00 per tonne (SRW2).