Commission Regulation (EC) No 2809/98 of 22 December 1998 laying down detailed rules for the application in the cereals sector of Council Regulation (EC) No 1706/98 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States)

COMMISSION REGULATION (EC) No 2809/98 of 22 December 1998 laying down detailed rules for the application in the cereals sector of Council Regulation (EC) No 1706/98 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1706/98 of 20 July 1998 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) and repealing Regulation (EEC) No 715/90 (1), and in particular Article 30 thereof,
Whereas pursuant to Article 12 of Regulation (EC) No 1706/98 certain products in the cereals sector originating in ACP countries are to be imported into the Community with total or partial exemption from common customs tariff duties within the limit of certain annual ceilings;
Whereas detailed rules for the application of those arrangements should be laid down;
Whereas the detailed rules should be either in addition to or replace the provisions of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (2), as last amended by Regulation (EC) No 1044/98 (3), or the provisions of Commission Regulation (EC) No 1162/95 of 23 May 1995 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (4), as last amended by Regulation (EC) No 444/98 (5);
Whereas it should be laid down that import licences for the products in question within the quantities set are to be issued after a period for reflection and subject, where applicable, to the fixing of a single percentage reduction in the quantities applied for; whereas where a single percentage reduction is applied, operators may withdraw their applications;
Whereas the details to be included in applications and licences notwithstanding Articles 8 and 21 of Regulation (EEC) No 3719/88 should be specified;
Whereas to ensure effective management of the arrangements, the security relating to import licences, notwithstanding Article 10 of Regulation (EC) No 1162/95 should be ECU 25 per tonne; whereas, in order to avoid speculation, rights arising from import licences should not be transferable;
Whereas it should be pointed out that the partial reimbursement of import duties resulting from the reduction in duties applicable from 1 January 1996 is to be in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (6), as last amended by Regulation (EC) No 82/97 (7), and Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/93 establishing the Community Customs Code (8), as last amended by Regulation (EC) No 1677/98 (9);
Whereas Commission Regulation (EEC) No 865/90 of 4 April 1990 laying down detailed rules for the application of the special arrangements for imports of grain sorghum and millet originating in the African, Caribbean and Pacific States (ACP) or in the overseas countries and territories (OCT) (10), as last amended by Regulation (EC) No 1575/98 (11), should be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,