CELEX: 51994EC2019
Language: en
Date: 2006-11-29
Title: Draft Commission Regulation (EC) No …/.. of […] on imports of residues from the manufacture of starch from maize from the United States of America (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

                        on imports of residues from the manufacture of starch from maize from the United States of America

                                                                (Codified version)

                                            ê 2019/94 (adapted)

                                                      COMMISSION REGULATION (EC) No 2019/94

                                                                      of […]

                        on imports of residues from the manufacture of starch from maize from the United States of America

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No Ö 1784/2003 Õ of Ö 29 September 2003 Õ on the common organization of the market in  cereals[1] ,  and
in particular Article 9(2) thereof,

Whereas:

                                            ê.

   1) Commission Regulation (EC) No 2019/94 of 2 August 1994 on imports of residues from the manufacture of starch from  maize  from  the  United
      States of America[2] has been substantially amended several times[3]. In the interests of  clarity  and  rationality  the  said  Regulation
      should be codified.

                                            ê 2019/94 Recital 1

   2) Within the framework of the GATT, the Community and the USA have agreed to clarify the tariff definition of residues from  the  manufacture
      of starch from maize; whereas imports of these products into the Community are subject to laboratory analysis to  verify  their  conformity
      with the tariff definition. The Federal Grain Inspection Service (FGIS) of the United States Department of  Agriculture  and  the  USA  wet
      milling industry, under the regular review of the USA authorities, will certify that imports of  these  products  from  the  USA  into  the
      Community are in conformity with the agreed definition.

                                            ê 2019/94 Recital 2 (adapted)

   3) On the basis of the establishment of a system of accompanying certificates for checking the conformity  of  imports  from  the  USA  it  is
      appropriate that the customary measures for checking should  continue  to  be  applied  to  imports  from  the  USA  accompanied  by  these
      certificates.

                                            ê 2019/94 Recital 3

   4) The regular communication by Member States to the Commission of the quantities  and  value  of  products  imported  under  cover  of  these
      certificates is one of the elements agreed with the USA to enable a more effective monitoring of the implementation of the above agreement;

   5) ê 2019/94 Recital 4 (adapted)

   6) Ö The measures laid down in this Regulation are in accordance with the opinion of the Management Committee for Cereals , Õ

                                            ê 2019/94 (adapted)
                                            è1 396/96 Art. 1.1

HAS ADOPTED THIS REGULATION:

                                                                    Article 1

1. Ö A laboratory analysis shall be carried out to verify the conformity of Õ residues from the manufacture of starch from  maize  imported  into
the Community from the USA under CN code è1 2309 90 20 ç with this code for all  shipments  not  accompanied  by  a  certificate  issued  by  the
Ö Federal Grain Inspection Service Õ (FGIS) and a certificate issued by the USA wet milling industry as set out in the Annex I .

2. Shipments from the USA which are accompanied by two certificates Ö referred to in paragraph 1 Õ are subject  to  the  customary  measures  for
checking imports.

                                                                    Article 2

The Member States shall communicate to the Commission before the end of each month the quantities and value of products  imported  under  the  CN
code è1 2309 90 20 ç during the previous month and accompanied by the certificates of conformity specified in Article 1(1).

                                            ê .

                                                                    Article 3

Regulation (EC) No 2019/94 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 2019/94 (adapted)

                                                                    Article 4

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

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 2019/94

                                                                     ANNEX I

                                                                      [pic]

                                                                    [pic][pic]

                                            ê 2060/2002 Art.1

                                                                      [pic]

                                                                 ________________

                                            é

                                                                     ANNEX II

                                                Repealed Regulation with its successive amendments

|Commission Regulation (EC) No 2019/94                                                |(OJ L 203, 6.8.1994, p.5)                      |
|Commission Regulation (EC) No 396/96                                                |(OJ L 54, 5.3.1996, p.22)                     |
|Commission Regulation (EC) No 2060/2002[4]                                          |(OJ L 317, 21.11.2002, p.20)                  |

                                                                  _____________

                                                                    ANNEX III

                                                                Correlation Table

|Regulation (EC) No 2019/94                                           |This Regulation                                                      |
|Article 1                                                            |Article 1                                                            |
|Article 2                                                            |Article 2                                                            |
|________                                                             |Article 3                                                            |
|Article 3                                                            |Article 4                                                            |
|Annex                                                                |Annex I                                                              |
|________                                                             |Annex II                                                             |
|________                                                             |Annex III                                                            |

                                                                   ____________

                                                             -----------------------
[1]    Ö OJ L 270, 21.10.2003, p.78. Õ
[2]   OJ L 203, 6.8.1994, p.5. Regulation as last amended by Regulation (EC) No. 2060/2002 (OJ L 317, 21.11.2002, p.20).
[3]   See Annex II.
[4]   Article 2 of Commission Regulation (EC) No 2060/2002: “Certificates issued in accordance with Regulation (EC) No 2019/94  before  the  date
      of entry into force of this Regulation shall continue to be valid.”