30.5.2001 Official Journal of the European Communities L 144)21 COMMISSION REGULATION (EC) No 1034/2001 of 29 May 2001 amending Regulation (EC) No 6/2001 laying down detailed rules for the application of Council Regulation (EC) No 1804/98 as regards the opening of a tariff quota for imports of residues from the manufacture of starch from maize falling within CN codes 2303 10 19 and 2309 90 20 and originating in 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 180498 of 14 August 1998 establishing an autonomous duty applicable for residues from the manufacture of starch from maize falling within CN codes 2303 10 19 and 2309 90 20 and introducing a tariff quota on imports of residues from the manufacture of starch from maize (corn gluten feed) falling within CN codes 2303 10 19 and 2309 90 20 originating in the United States of America ('), and in particular Article 5 thereof, Whereas: ()  Commission Regulation (EC) No 6/2001 (?) opened a tariff quota for residues from the manufacture of starch from maize originating in the United States of America from the fifth day following the date of the decision of the WTO Dispute Settlement Body acknowledging that the safeguard measure applied by the United States in the form of a quantitative restriction on imports of wheat gluten originating, inter alia, in the Community was incompatible with the WTO Agreements. That decision was taken on 19 January 2001. Therefore, the quota was opened on 24 January 2001. (2)  In the light of the knowledge of the definitive date of the opening of the quota, the quota amount should be modified pro rata to the length of time during which it will be open, namely 128 days from 24 January 2001 to 31 May 2001. Therefore, the amount of the quota should be modified to 128/365ths of the quantity of the 2 730 000 tonnes foreseen in Council Regulation (EC) No 1804/98 for a full quota year, which is 957 370 tonnes. (3)  The measures provided for in this Regulation are in accordance with the opinion of the Management Commiittee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 The Annex to Regulation (EC) No 6/2001 is replaced by the following: ‘ANNEX Ord . ta fi 24 2001 . nurrnljerzr CN code Description Quo atoro;rll Ma}lf aggg? Tariff quota duty 09.0400 | 23031019 Residues from the 957 370 tonnes EUR 5/tonne’ 2309 90 20 manufacture of starch from maize Atticle 2 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. oL 2 () O] L 2, 5.1.2001, p. 4.