No L 82/44 Official Journal of the European Communities 22. 3. 97 COMMISSION REGULATION (EC) No 529/97 of 21 March 1997 opening and administering a tariff quota of 300 000 tonnes of quality wheat and repealing Regulation (EC) No 1854/94 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, . Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations ('), and in particular Article 1 thereof, Whereas the Community, as parts of its World Trade Organization commitments, undertook to establish for each calendar year a zero-duty tariff quota for 300 000 tonnes of quality wheat falling within CN codes 1001 10 00 and 1001 90 99; whereas these imports have been governed by Commission Regulation (EC) No 1854/94(3), as amended by Regulation (EC) No 2547/94 (%), since the initial introduction of this quota; where this Regulation should be repealed; Whereas an import licence must be presented for these imports; whereas it is necessary to specify the terms under which these licences are issued; Whereas in order to ensure the proper administration of the imports, a guarantee system should be introduced; whereas, given the likelihood of speculation inherent in the system because no duty is payable, access to the imports in question should be limited to those who lodge an import guarantee, who provide proof that they have been operating commercially in the cereals sector for twelve months at least and who are registered in the Member State where the application is made; Whereas, to prevent speculation, the validity of the import licences should be no more than seven days and the plant where the imported wheat is to be processed should be identified; " Whereas the specific provisions governing the organiza- tion of the imports, in particular those relating to notices inviting applications for import licences, will be adopted in accordance with the procedure laid down in Article 23 of Council Regulation (EEC) No 1766/92 (%), as last amended by Commission Regulation (EC) No 923/96 (%) () OJ No L 146, 20. 6. 1996, p. 1. ) OJ No L 192, 28. 7. 1994, p. 31. () OJ No L 270, 21. 10. 1994, p. 7. () OJ No L 181, 1. 7. 1992, p. 21. () OJ No L 126, 24. 5. 1996, p. 37. Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 1. The importation of 300 000 tonnes of quality wheat falling within CN codes 1001 10 00 and 1001 90 99 of a minimum quality satisfying the criteria laid down in Annex I shall be subject to an import licence obtained in accordance with this Regulation. 2. In order to ensure the quality of the imported product, eligibility to import at the zero duty shall be dependent upon the importer lodging with the competent authorities, on the day the declaration of release into free circulation is accepted, an import guarantee equal to the import duty on low-quality common wheat, plus ECU § per tonne. Article 2 1. An application for an import licence in relation to the quantity referred to in Article 1 shall be admissible provided it complies with the following conditions: (a) it relates to a quantity of wheat of between 500 tonnes at least and 10 000 tonnes at most; (b) where the application is submitted by an agent, it contains the name and address of the principal; and (c) it is accompanied by: — proof that the applicant is a natural or legal person and has been operating commercially in the cereals sector for twelve months at least, and that the applicant is registered in the Member State where the application is made, — proof that a guarantee has been lodged of ECU 15 per tonne with the competent authority of the Member State concerned guaranteeing good faith on the part of the applicant, — a written undertaking by the applicant that all the produce imported will be processed within six months of the date of acceptance for free circula- tion. The importer shall specify where processing is to take place: