L 158/12 Official Journal of the European Union 27.6.2003 COMMISSION REGULATION (EC) No 1110/2003 of 26 June 2003 amending Regulation (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 176692 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1), as last amended by Regulation (EC) No 1104/ 2003 (3, and in particular Article 10(4) thereof, Whereas: 1 ( ( ( ( ( ( ( ( 1 2 3 4 5 6 8 ) ) ) ) ) ) ) ) S 0O 0O 0O 0O 0O 0O 0O J L 181, 1.7.1992,fp. 21. ee page 1 of this Offi ] ] ] ] ] J Following discussions of interpretation concerning the method for the fixation and adjustment of import duties and relevant costs associated with sea freight, it is neces- sary to modify the relevant provisions of Commission Regulation (EC) No 1249/96 (}), as last amended by Regulation (EC) No 1900/2002 (%), in order to improve clarity. In accordance with Decision 2003/254/EC (°) and Deci- sion 2003/253/EC (), the Council approved the conclu- sion of Agreements in the form of an Exchange of Letters between the European Community and the United States of America, and the European Community and Canada, respectively, relating to the modification of concessions with respect to cereals provided for in Sche- dule CXL annexed to the GATT. The Agreements amend the conditions for importing barley and medium and low quality common wheat by fixing import quotas for these products from 1 January 2003. Pursuant to the above Decisions the Council authorised the Commission to derogate temporarily for these products from the system of import duties provided for in Article 10(2) of Regulation (EEC) No 1766/92, pending approval of a formal amendment of that Regu- lation. To allow the Agreements approved by the Council to be implemented as from 1 January 2003, the Commission adopted temporary implementing provi- sions in Regulation (EC) No 2378/2002 ('), as amended by Regulation (EC) No 611/2003 (). These temporary arrangements expire on 30 June 2003. At this stage, the permanent rules of application of the Agreements approved by the Council should be adopted. Consequently, it is appropriate to insert in Regulation (EC) No 1249/96, on a permanent basis, the provisions of Regulation (EC) No 2378/2002, since they have oper- ated satisfactorily during the first semester of 2003. cial Journal. L 161, 29.6.1996, p. 125. L 287, 25.10.2002, p. 15. L 95, 11.4.2003, p. 40. L 95, 11.4.2003, p. 36. L 358, 31.12.2002, p. 101. L 87, 4.4.2003, p. 4. (6) Taking into consideration that the malting barley deduc- tion is abolished and the high quality milling wheat deduction will operate as a premium, specific product abatements linked to end-use provisions will be applic- able only to flint maize. In these conditions, current arrangements for end-use provisions need to be simpli- fied and harmonised with general customs legislation. In cases where certificates of conformity are accepted for high quality products (high quality common and durum wheat with Canada and the United States and flint maize with Argentina), it is important to limit the amount of the securities to the minimum level possible. The only security applicable in the case of certification of confor- mity should be the security linked to the import licence. Regulation (EC) No 1249/96 should therefore be amended accordingly. The Management Committee for Cereals has not deliv- ered an opinion within the time limit laid down by its chairman, HAS ADOPTED THIS REGULATION: Atrticle 1 Regulation (EC) No 1249/96 is amended as follows: (1) Article 2 is amended as follows: (a) Paragraphs 1 and 2 are replaced by the following: ‘1. The import duties indicated in Article 10(2) of Regulation (EEC) No 1766/92 on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 shall be calculated daily but fixed on the 15th day and the last working day of each month by the Commission for application from the 16th day of the month and the first day of the following month. Where the 15th is not a Commission working day the duties shall be fixed on the working day preceding the 15th of the month in question. However, if during the period of application of the duties thus fixed the average import duty calculated differs by EUR 5 per tonne or more from that fixed, the corresponding adjustment shall be made.