7.11.2009   

EN

Official Journal of the European Union

L 291/14

(1)

Under the Agreement in the form of an Exchange of Letters between the European Community and the United States of America in accordance with Article XXIV:6 and Article XXVIII of the 1994 General Agreement on Tariffs and Trade (GATT) relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic as part of their accession to the European Union (2), approved by Council Decision 2006/333/EC (3), and the Agreement between the European Community and the Government of Canada on the conclusion of GATT Article XXIV:6 Negotiations (4), approved by Council Decision 2007/444/EC (5), the Community has undertaken to open, on an annual basis, an import tariff for malting barley of 50 000 tonnes.

(2)

The implementation rules relating to the administration of this quota are currently laid down by Commission Regulation (EC) No 1215/2008 of 5 December 2008 on opening and providing for the administration of a Community tariff quota for malting barley from third countries and derogating from Council Regulation (EC) No 1234/2007 (6).

(3)

The use of the first-come, first-served principle has proved to have been successful in other agricultural sectors, and in the interest of administrative simplification, this quota should now be administered using the method indicated in Article 144(2)(a) of Regulation (EC) No 1234/2007. This should be done in accordance with Articles 308a, 308b and 308c(1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (7).

(4)

Due to the particularities involved in the transfer from one management system to another, Article 308c(2) and (3) of Regulation (EEC) No 2454/93 should not apply to the tariff period from 1 January 2010 to 31 December 2010.

(5)

Article 166 of Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (8) provides for the customs supervision of goods released for free circulation at a reduced rate of duty on account of their specific use. It should be ensured that malting barley imported under this tariff quota is designed to be used for producing beer aged in vats containing beechwood, in accordance with the Community’s international commitments.

(6)

Provision needs to be made for a high level of security in order to ensure the sound management of the tariff and to maintain such security throughout processing.

(7)

Taking into account the specific nature of the barley imported from the United States of America under this quota, the amount of the security in respect of imports which are accompanied by a compliance certificate agreed upon with the United States Government, in accordance with the administrative co-operation procedure provided for in Articles 63, 64 and 65 of Regulation (EEC) No 2454/93, should be reduced.

(8)

Regulation (EC) No 1215/2008 should therefore be repealed and replaced by a new Regulation. However, it would be expedient to continue to apply Regulation (EC) No 1215/2008 to the import licences issued for the import quota periods prior to those covered by this Regulation.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

(a)

‘damaged grains’ shall mean grains of barley, other cereals or wild oats that display damage, including deterioration caused by disease, frost, heat, insects or fungus, bad weather and all other forms of physical damage;

(b)

‘sound and fair merchantable barley’ shall mean barley grains or pieces of grain that are not damaged, as defined in a), except grains damaged by frost or fungus.

(a)

specific weight: minimum 60,5 kg/hl;

(b)

damaged grains: maximum 1 %;

(c)

moisture content: maximum 13,5 %;

(d)

sound and fair merchantable barley grains: minimum 96 %.

(a)

a certificate of analysis carried out at the importer’s request by the customs office of release for free circulation; or

(b)

a certificate of conformity for the imported barley issued by a government authority of the country of origin and recognised by the Commission.

(a)

it is malted within six months from the date of release for free circulation; and

(b)

the resulting malt must be used in the manufacture of beer aged in vats containing beechwood within no more than 150 days following the date on which the barley is processed into malt.

(a)

the quality of the barley, established on the basis of the certificate of conformity or the analysis certificate, meets the criteria laid down in Article 3(1),

(b)

the processing obligation referred to in paragraph 1 has been complied with within the timeframe specified.