1.Imports into the Community, or exports therefrom, of any of the products listed in Article 1 shall be subject to presentation of an import or export licence. However, a derogation can be foreseen for products having no significant impact on the supply situation of the cereals market.
Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Articles 12 to 17.
Import and export licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence. Except in cases of force majeure, the security shall be forfeited in whole or in part if the import or export is not carried out, or is carried out only partially, within that period.
2.The term of validity of licences and other detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 25(2).
1.Unless this Regulation provides otherwise, the rates of import duty in the Common Customs Tariff shall apply to the products listed in Article 1.
2.Notwithstanding paragraph 1, the import duty on products covered by CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005, other than hybrid seed, and ex 1007 other than hybrid for sowing, shall be equal to 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, that duty may not exceed the rate of duty in the Common Customs Tariff.
3.For the purposes of calculating the import duty referred to in paragraph 2 representative cif import prices shall be established on a regular basis for the products referred to in that paragraph.
4.Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 25(2).
The detailed rules shall in particular specify:
(a)the minimum requirements for high quality common wheat,
(b)the price quotations to be taken into consideration,
(c)the possibility, where appropriate in specific cases, of giving operators the opportunity to know the duty applicable before the arrival of the consignments concerned.
1.Without prejudice to Article 10(2), in order to prevent or counteract adverse effects on the market of the Community which may result from imports of certain products listed in Article 1, imports of one or more of such products at the rate of duty laid down in Article 10 shall be subject to the payment of an additional import duty if the conditions to be determined by the Commission pursuant to paragraph 4 of this Article are fulfilled, unless the imports are unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective.
2.Imports made at a price below the level notified by the Community to the World Trade Organisation (‘the trigger price’) may be subject to an additional import duty.
If the volume of imports in any year in which the adverse effects referred to in paragraph 1 arise or are likely to arise exceeds a level based on market access opportunities defined as the percentage of the corresponding domestic consumption during the three previous years (‘the trigger volume’), an additional import duty may also be imposed.
3.The import prices to be taken into consideration for imposing an additional import duty pursuant to the first subparagraph of paragraph 2, shall be determined on the basis of the cif import prices of the consignment under consideration.
Cif import prices shall be checked to that end against the representative prices for the product on the world market or on the Community import market for that product.
4.Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 25(2). Such detailed rules shall specify in particular the products to which additional import duties may be applied.
1.Tariff quotas for imports of the products listed in Article 1 resulting from agreements concluded in accordance with Article 300 of the Treaty or from any other act of the Council shall be opened and administered by the Commission under detailed rules adopted in accordance with the procedure referred to in Article 25(2).
2.Tariff quotas shall be administered by applying one of the following methods or a combination of them:
(a)a method based on the chronological order of the lodgement of applications (‘first come, first served’ principle);
(b)a method of distribution in proportion to the quantities requested when the applications were lodged (using the ‘simultaneous examination method’);
(c)a method based on taking traditional trade patterns into account (using the ‘traditional/new arrival method’).
Other appropriate methods may be adopted. They must avoid any unjustified discrimination between the operators concerned.
3.The method of administration adopted shall, where appropriate, give due weight to the supply requirements of the Community market and the need to safeguard the equilibrium of that market.
4.The detailed rules referred to in paragraph 1 shall provide for the annual tariff quotas, if necessary suitably phased over the year, shall determine the administrative method to be used and, where appropriate, shall include:
(a)guarantees covering the nature, provenance and origin of the product;
(b)recognition of the document used for verifying the guarantees referred to in point (a);
(c)the conditions under which import licences shall be issued and their term of validity.
In the case of tariff quota for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quota for import into Portugal of 500 000 tonnes of maize, those detailed rules shall also include the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the intervention agencies of the Member States concerned and their disposal on the markets of those Member States.
1.To the extent necessary to enable the following products to be exported on the basis of quotations or prices for those products on the world market and within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty, the difference between those quotations or prices and the prices in the Community may be covered by export refunds:
(a)the products listed in Article 1 to be exported without further processing;
(b)the products listed in Article 1 to be exported in the form of good listed in Annex III.
Export refunds on the products referred to in point (b) may not be higher than those applicable to such products exported without further processing.
2.The method to be adopted for the allocation of the quantities which may be exported with an export refund shall be the method which:
(a)is most suited to the nature of the product and the situation on the market in question, allowing the most efficient possible use of the resources available, account being taken of the efficiency and structure of Community exports without creating discrimination between large and small operators;
(b)is least cumbersome administratively for operators, account being taken of administration requirements;
(c)precludes discrimination between the operators concerned.
3.Export refunds shall be the same for the whole Community. They may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary. Refunds shall be fixed in accordance with the procedure referred to in Article 25(2). Refunds may be fixed:
(a)at regular intervals;
(b)by invitation to tender for products in respect of which provision was made for that procedure in the past.
Export refunds fixed at regular intervals, may, if necessary, be amended in the interval by the Commission, at the request either of a Member State or on its own initiative.
1.Export refunds on products listed in Article 1 and exported without further processing shall only be granted on application and on presentation of an export licence.
2.The export refund applicable to products listed in Article 1 exported without further processing shall be that applicable on the day of application for the licence and, in the case of a differentiated refund, that applicable on the same day:
(a)for the destination indicated on the licence,
or, where appropriate
(b)for the actual destination if this differs from the destination indicated on the licence. In that case, the amount applicable shall not exceed the amount applicable to the destination indicated on the licence.
Appropriate measures may be taken to prevent any abuse of the flexibility provided for in this paragraph.
3.The scope of paragraphs 1 and 2 of this Article may be extended to apply to products listed in Article 1 that are exported in the form of goods listed in Annex III, in accordance with the procedure laid down in Article 16 of Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products(1). Detailed implementing rules shall be adopted in accordance with that procedure.
4.Derogations from paragraphs 1 and 2 of this Article may be granted in the case of products listed in Article 1 on which export refunds are paid under food-aid operations, in accordance with the procedure referred to in Article 25(2).
1.Unless otherwise provided in accordance with the procedure referred to in Article 25(2), the refund on products listed in points (a) and (b) of Article 1 in accordance with article 14(2) shall be adjusted in line with the level of the monthly increases applicable to the intervention price and, where appropriate, changes in that price.
2.A corrective amount applicable to the export refunds may be set, in accordance with the procedure referred to in Article 25(2). However, where necessary, the Commission may amend the corrective amounts.
3.Paragraphs 1 and 2 of this Article may be applied, in whole or in part, to products listed in points (c) and (d) of Article 1 and to products listed in Article 1 and exported in the form of goods listed in Annex III. In that case, the adjustment referred to in paragraph 1 of this Article shall be corrected by applying to the monthly increase a coefficient expressing the ratio between the quantity of basic product and the quantity thereof contained in the processed product exported or used in the goods exported.
4.For the first three months of the marketing year, the refund applicable to exports of malt in storage at the end of the previous marketing year or made from barley in stock at that time shall be that which would have been applied in respect of the export certificate in question to exports during the last month of the preceding marketing year.
Insofar as is necessary to take account of the features of production peculiar to certain spirituous beverages obtained from cereals, the criteria for granting export refunds referred to in Article 13(1), and the procedure for verification, may be adapted to suit this particular situation.
Observance of the volume limits resulting from the agreements concluded in accordance with Article 300 of the Treaty shall be ensured on the basis of the export licences issued for the reference periods which apply to the products concerned. With regard to compliance with the obligations arising under the WTO Agreement on Agriculture, the expiry of a reference period shall not affect the validity of export licences.
Detailed rules for the application of this Section, including the provisions on the redistribution of exportable quantities which have not been allocated or utilised, and in particular those concerning the adaptation referred to in Article 16, shall be adopted in accordance with the procedure referred to in Article 25(2).
Annex III shall be amended in accordance with the same procedure.
1.To the extent necessary for the proper working of the common organisation of the market in cereals, the Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 37(2) of the Treaty, may prohibit in whole or in part the use of inward or outward processing arrangements:
(a)for products listed in Article 1 that are intended to be used in producing the products listed in points (c) and (d) of that Article; and
(b)in special cases, for products listed in Article 1 that are intended to be used in producing goods listed in Annex III.
2.By way of derogation from paragraph 1 of this Article, if the situation referred to therein arises with exceptional urgency and the Community market is disturbed or is liable to be disturbed by the inward or outward processing arrangements, the Commission shall, at the request of a Member State or on its own initiative, decide on the necessary measures in accordance with the procedure referred to in Article 25(2). The Council and the Member States shall be notified of such measures, which shall be valid for no more than six months and shall be immediately applicable. If the Commission receives a request from a Member State, it shall take a decision thereon within a week following receipt of the request.
3.Measures decided on by the Commission may be referred to the Council by any Member State within a week from the date on which they were notified. The Council, acting by a qualified majority, may confirm, amend or repeal the Commission's decision.
If the Council has not acted within three months following the date on which it was referred to it, the Commission's decision shall be deemed to have been repealed.
1.The general rules for the interpretation of the Combined Nomenclature and the detailed rules for its application shall apply to the tariff classification of products covered by this Regulation. The tariff nomenclature resulting from the application of this Regulation shall be incorporated into the Common Customs Tariff.
2.Unless otherwise provided for in this Regulation or in provisions adopted pursuant thereto, the following shall be prohibited in trade with third countries:
(a)the levying of any charge having equivalent effect to a customs duty;
(b)the application of any quantitative restriction or measure having equivalent effect.
1.When the quotations or prices on the world market of one or more of the products listed in Article 1 reach a level that disrupts or threatens to disrupt the availability of supply on the Community market and where that situation is likely to continue and deteriorate, appropriate measures may be taken as a safeguard measure in case of extreme emergency.
2.The detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 25(2).
1.If, by reason of imports or exports, the Community market in one or more of the products listed in Article 1 is affected by, or is threatened with, serious disturbance likely to jeopardise the achievement of the objectives set out in Article 33 of the Treaty, appropriate measures may be applied in trade with non-WTO member countries until such disturbance or threat of it has ceased.
2.If the situation referred to in paragraph 1 arises, the Commission shall, at the request of a Member State or on its own initiative, decide upon the necessary measures. The Member States shall be notified of such measures, which shall be immediately applicable. If the Commission receives a request from a Member State, it shall take a decision thereon within three working days following receipt of the request.
3.Measures decided on by the Commission may be referred to the Council by any Member State within three working days of the day on which they are notified. The Council shall meet without delay. It may, acting by a qualified majority, amend or repeal the measure in question within one month following the date on which it was referred to the Council.
4.Provisions adopted under this Article shall be applied having regard to the obligations arising from agreements concluded in accordance with Article 300(2) of the Treaty.
OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).