L 101/36 Official Journal of the European Communities 16.4.1999 COMMISSION REGULATION (EC) No 778/1999 of 15 April 1999 opening and providing for the administration of tariff quotas for 300 000 tonnes of quality wheat and 50 000 tonnes of durum wheat and repealing Regulations (EC) No 529/97 and (EC) No 2228/96 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 part of its World Trade Organisation (WTO) commitments, undertook to estab- lish 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 and, for each marketing year, a zero-duty tariff quota for 50 000 tonnes of durum wheat with a minimum vitreous kernel content of 73 %; whereas imports under those quotas are governed by Commission Regulations (EC) No 529/97 (?), amended by Regulation (EC) No 850/97 (}), and (EC) No 2228/96 (*), amended by Regulation (EC) No 2410/98 (°), respectively; whereas those Regulations have failed to prevent specula- tion; whereas they should therefore be repealed; Whereas speculation can be prevented by requiring that the cereals be available for import at the time applications are submitted; whereas this requirement must be applied so as not to prevent the Community from meeting its international commitments; Whereas an import licence must be presented for these imports; whereas, in order to prevent discrimination between importers, import licences must be issued to applicants for licences after a date fixed in advance by the Commission; whereas, in view of the quality of wheat required for these quotas, applicants for import licences must be able to prove that the goods they hold are of adequate quality to qualify for a licence and that they are in a position actually to carry out the import operation during the period laid down for that purpose by the Commission; whereas, to enable the goods to be imported to be transported, that period has been set at 45 days; () OJ L 146, 20.6.1996, p. 1. () O] L 82, 22.3.1997, p. 44. () OJ L 122, 14.5.1997, p. 10. (% OJ L 298, 22.11.1996, p. 8. () OJ L 298, 7.11.1998, p. 4. whereas, therefore, 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, given the likelihood of speculation inherent in the system because no duty is payable, access to the quotas in question should be restricted to those who lodge an import security, who provide proof that they have been operating commercially in the cereals sector for at least twelve months and who are registered in the Member State where the application is made; Whereas in order to prevent speculation, import licences should be valid for no more than seven days; Whereas the special provisions on organisation of the imports and, in particular, on the notices opening periods during which application may be made for import licences are to be adopted in accordance with the pro- cedure 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. The importation each calendar year at zero duty of 300 000 tonnes of durum wheat falling within CN code 1001 10 00 and common wheat falling within CN code 1001 90 99, of a minimum quality satisfying the criteria laid down in Annex I, shall be subject to an import licence issued in accordance with this Regulation. 2. The importation each marketing year at zero duty of 50 000 tonnes of durum wheat falling within CN code 1001 10 00 with a minimum vitreous kernel content of 73 % shall be subject to an import licence issued in accordance with this Regulation. ¢y OJ L 181, 1.7.1992, p. 21. () OJ L 126, 24.5.1996, p. 37.