No L 298/8 Official Journal of the European Communities 22. 11. 96 COMMISSION REGULATION (EC) No 2228/96 of 21 November 1996 opening and providing for the administration of a tariff quota of 50 000 tonnes of durum wheat falling within CN code 1001 10 00 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, within the framework of the World Trade Or- ganization (WTO), the Community has undertaken to open a tariff quota at a zero rate of duty for 50 000 tonnes of durum wheat with a minimum vitreous kernel content of 73 % each marketing year and commencing on 1 January 1996; whereas the said quota is contained in the Community Schedule CXL forwarded to the WTO; Whereas imports of such wheat is subject to the presenta- tion of an import licence; whereas the conditions for granting such licences should be laid down; Whereas, in order to ensure the proper administration of the imports, a system of securities should be introduced; whereas in view of the likelihood of speculation inherent in the system because no duty is payable, access to such imports should be limited to those who lodge a security to import the wheat in question and who prove that they have carried on a commercial activity in the cereals sector for at least 12 months and are registered in the Member State where the application is made; Whereas the special provisions governing the organization of the imports and, 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 (%), 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. A tariff quota for 50 000 tonnes of durum wheat falling within CN code 1001 10 00 with a minimum vitreous kernel content of 73 % is hereby opened for () OJ No L 146, 20. 6. 1996, p. 1. () OJ No L 181, 1. 7. 1992, p. 21. () OJ No L 126, 24. 5. 1996, p. 37. each marketing year. The maximum quantity which may be imported in the 1995/96 marketing year, however, shall be 25000 tonnes. The import duty on the quota shall be zero. Import shall be subject to the presentation of an import licence issued in accordance with this Regu- lation. 2. The provisions of Commission Regulation (EEC) No 3719/88 (%) shall apply, save as otherwise provided in this Regulation. 3. The provisions of Commission Regulation (EC) No 1249/96 (°) shall not apply to import licences for durum wheat applied for under this Regulation, save as otherwise provided in this Regulation. Article 2 1. An application for an import licence relating to the quantity referred to in Article 1 (1) shall be admissible provided it complies with the following conditions: (a) it relates to a quantity of between 500 tonnes and 5000 tonnes of durum wheat; (b) where the application is submitted by an agent, it contains the name and address of the principal; (¢) it is accompanied by: — proof that the applicant is a natural or legal person who has, for at least 12 months, carried on a commercial activity in the cereals sector and is registered in the Member State where the applica- tion is made, — proof that a security of ECU § per tonne has been lodged with the competent authorities of the Member State concerned to guarantee the applic- ant’s good faith, — a written undertaking by the applicant to lodge a security with the customs authorities of the Member State concerned, at the time the declara- tion of release into free circulation is presented, guaranteeing that the wheat in question will be imported, equal to the duty provided for in Article 10 of Regulation (EEC) No 1766/92 applicable on the day the application is made, — a written declaration by the applicant that he has made only one application. In the event that an applicant submits more than one import licence application for the same product, all his applica- tions shall be rejected. () OJ No L 331, 2. 12. 1988, p. 1. () OJ No L 161, 29. 6. 1996, p. 125.