31.12.2002 Official Journal of the European Communities L 358/101 COMMISSION REGULATION (EC) No 2378/2002 of 27 December 2002 derogating from Regulation (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92 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 1666/ 2000 (3, and in particular Article 10(4) thereof, Whereas: (1) By its decision of 19 December 2002 () and its decision of 19 December 2002 (*), the Council approved the conclusion 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 General Agreement on Tariffs and Trade (GATT). The Agreements amend the condi- tions for importing barley and medium and low quality common wheat by fixing import quotas for these products from 1 January 2003. (2) By 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 Regulation. To allow the Agreements approved by the Council to be implemented in full, the rules of application should also be adapted temporarily as regards the import duties in the cereals sector laid down by Commission Regulation (EC) No 1249/96 (), as last amended by Regulation (EC) No 1900/2002 (9. (3)  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. Article 2, Article 4(1) and Article 5 of Regulation (EC) No 1249/96 shall not apply to the following products: (a) common wheat falling within CN code ex 1001 90 99 of a quality other than the standard high quality as defined in Annex [ to that Regulation; 1 J L 181, 1.7.1992, p. 21. ) OJ L 193, 29.7.2000, p. 1. ot yet published in the Official Journal. ot yet published in the Official Journal. JL 161, 29.6.1996, p. 125. J L 287, 25.10.2002, p. 15. 3 5 6 () © () O ()N (‘)N () © () © (b) barley falling within CN codes 10030010 and 1003 00 90. 2. Article 4(2) and (3) and Article 6(1) of Regulation (EC) No 1249/96 and Annexes I and II thereto shall not apply to the product referred to in paragraph 1(a) of this Article. Atticle 2 Qualifying for the flat-rate reduction on import duties of EUR 14 per tonne for standard high-quality common wheat referred to in the first indent of the first subparagraph of Article 2(5) of Regulation (EC) No 1249/96 shall no longer depend on fulfilling the conditions set out in the second subparagraph of Article 2(5) of that Regulation. Atticle 3 In addition to what is set out in Article 4(1), second subpara- graph, second indent, of Regulation (EC) No 1249/96, a nega- tive premium (‘discount’) of an amount of EUR 30 per tonne is retained with regard to the durum wheat of low quality under the commercial premiums referred to in Article 4(1)(b) of the aforementioned Regulation. Atrticle 4 The imposition of the import duty of the common wheat of low quality for the durum wheat of low quality provided for in Article 6(1), fifth subparagraph, second sentence, of Regulation (EC) No 1249/96 is no longer applicable. Atrticle 5 1. Notwithstanding the second indent of Article 5 of Regula- tion (EC) No 1249/96, import licence applications for high- quality common wheat shall be valid only if the applicant gives a written commitment to lodge with the relevant competent body on the date of acceptance of the declaration of release for free circulation a specific security additional to those required under Commission Regulation (EC) No 116295 (). This addi- tional security shall be EUR 95 per tonne. However, in case import licence applications are accompanied by certificates of conformity issued by Federal Grain Inspection Service (FGIS) and by the Canadian Grain Commission (CGC) as referred to in Article 6, the additional security required is EUR 5 per tonne. () OJL 117, 24.5.1995, p. 2.