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Date: 2023-12-21 Category: Not Applicable State: Union Government Country: Europe

Commission Delegated Regulation (EU) 2023/2835 of 10 October 2023 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards rules on import in the sectors of rice, cereals, sugar and hops, and repealing Commission Regulations (EC) No 3330/94, (EC) No 2810/95, (EC) No 951/2006, (EC) No 972/2006, (EC) No 504/2007, (EC) No 1375/2007, (EC) No 402/2008, (EC) No 1295/2008, (EC) No 1312/2008 and (EU) No 642/2010, (EEC) No 1361/76, (EEC) No 1842/81, (EEC) No 3556/87, (EEC) No 3846/87, (EEC) No 815/89, (EC) No 765/2002, (EC) No 1993/2005, (EC) No 1670/2006, (EC) No 1731/2006, (EC) No 1741/2006, (EC) No 433/2007, (EC) No 1359/2007, (EC) No 1454/2007, (EC) No 508/2008, (EC) No 903/2008, (EC) No 147/2009, (EC) No 612/2009, (EU) No 817/2010, (EU) No 1178/2010, (EU) No 90/2011 and Commission Implementing Regulation (EU) No 1373/2013

Issued by European Commission · Directorate-General for Agriculture and Rural Development

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Executive Summary & Key Takeaways

Executive Summary: Commission Delegated Regulation (EU) 2023/2835, dated 10 October 2023, supplements Regulation (EU) No 1308/2013 regarding import rules for rice, cereals, sugar, and hops. It specifies import conditions, particularly for Basmati rice, and includes provisions for guarantees on certain cereals and the suspension of duties on molasses. The regulation also addresses quality checks and attestations for hops. It repeals numerous existing regulations to streamline the legal framework. Key Points / Main Content: Rice: * Applies to specific husked Basmati rice varieties under CN codes 1006 20 17 and 1006 20 98. * Establishes a zero rate of import duty for specified Basmati rice, contingent on an import license. * Requires import license applications to include proof of prior rice export/free circulation (minimum 25t) and a product authenticity certificate. * Prohibits the transfer of rights derived from import licenses for Basmati rice. Cereals: * Requires a specific guarantee for imported flint maize unless accompanied by a certificate of conformity from Argentine Senasa. * Requires a specific guarantee for imported high-quality common wheat and durum wheat unless accompanied by a certificate of conformity from FGIS or CGC. The guarantee may not be required if import duties have been suspended or are zero. Sugar: * Allows the Commission to suspend or reduce import duties on molasses (CN code 1703 10 00 or 1703 90 00) when CIF representative prices and import duties exceed 8.21 EUR/100 kg. * Provides for the possibility of not applying the duty suspension if it may adversely affect the Union market in molasses. Hops: * Requires Member States to report results of checks on compliance with minimum market requirements for imported hops. * Mandates Member States to notify the Commission if imported hop product characteristics do not conform to the attestation of equivalence. * Exempts small packages (≤1 kg for cones/powder, ≤300g for extracts) of hops for specific uses (private use, experiments, fairs) from attestation and labeling requirements, provided the packaging indicates the description, weight and final use of the product. Repeals: * Repeals listed Commission Regulations related to trade with third countries in the sugar sector, residues from starch manufacture, rye importation, hops, rice processing, and cereal sector import duties. * Repeals listed Commission Regulations and Implementing Regulations related to export refunds. Impact Analysis: Member States: * Impact: Must enforce new import rules, conduct quality checks on hops, and report findings to the Commission. * Action Required: Implement the new regulations, establish monitoring and reporting systems, and ensure compliance by importers. Importers of Rice, Cereals, Sugar, and Hops: * Impact: Must comply with new import requirements, including licensing, guarantees, and certification. * Action Required: Understand and adhere to the new rules, obtain necessary licenses and certificates, and adjust import procedures accordingly. Commission: * Impact: Responsible for monitoring the implementation of the regulation, setting representative prices for molasses, and managing the list of authorized third-country authorities for hops attestations. * Action Required: Monitor market conditions, set prices, and update lists of authorized authorities as needed. Develop and implement the ELAN system. Third Country Authorities: * Impact: Those issuing attestations of equivalence for hops must ensure their standards align with EU requirements. * Action Required: Maintain standards to avoid being removed from the authorized list.

Key Entities Referenced

Regulation (EU) No 1308/2013: Regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products. European Union Single Window Environment for Customs: Electronic system for DG AGRI noncustoms formalities ELAN based on TRACES.NT and linked to the EU Single Window Environment for customs. Basmati rice: Specific rules for imports of Basmati rice falling within CN codes 1006 20 17 and 1006 20 98. Commission Delegated Regulation (EU) 2016/1237: Commission Delegated Regulation supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of import and export licences Commission Implementing Regulation (EU) 2016/1239: Commission Implementing Regulation laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences. India: Country which has an agreement with the European Community regarding rice imports under GATT 1994 Article XXVIII Pakistan: Country which has an agreement with the European Community regarding rice imports under GATT 1994 Article XXVIII GATT 1994: General Agreement on Tariffs and Trade 1994, which is relevant to agreements with India and Pakistan regarding rice imports.
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Official Journal EN of the European Union L series 2023/2835 21.12.2023 COMMISSION DELEGATED REGULATION (EU) 2023/2835 of 10 October 2023 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards rules on import in the sectors of rice, cereals, sugar and hops, and repealing Commission Regulations (EC) No 3330/94, (EC) No 2810/95, (EC) No 951/2006, (EC) No 972/2006, (EC) No 504/2007, (EC) No 1375/2007, (EC) No 402/2008, (EC) No 1295/2008, (EC) No 1312/2008 and (EU) No 642/2010, (EEC) No 1361/76, (EEC) No 1842/81, (EEC) No 3556/87, (EEC) No 3846/87, (EEC) No 815/89, (EC) No 765/2002, (EC) No 1993/2005, (EC) No 1670/2006, (EC) No 1731/2006, (EC) No 1741/2006, (EC) No 433/2007, (EC) No 1359/2007, (EC) No 1454/2007, (EC) No 508/2008, (EC) No 903/2008, (EC) No 147/2009, (EC) No 612/2009, (EU) No 817/2010, (EU) No 1178/2010, (EU) No 90/2011 and Commission Implementing Regulation (EU) No 1373/2013 THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1), and in particular Article 190(3), Article 193a(1) and Article 223(2), Having regard to Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013(2), and in particular Article 64(3), Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013laying down the Union Customs Code(3), and in particular Article 212(b), Whereas: (1) Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 1234/2007(4). Regulation (EU) No 1308/2013 lays down rules on trade with third countries of agricultural products and empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the trade of the products in the sectors of rice, cereals, sugar and hops in the new legal framework, certain rules have to be adopted by means of such acts. This Regulation and Commission Implementing Regulation (EU) 2023/2834(5) should replace such currently existing rules. (2) Pursuant to the Agreement in the form of an Exchange of Letters between the European Community and India pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994, approved by Council Decision 2004/617/EC(6), the duty applicable to imports from India of husked rice of certain Basmati varieties is fixed at zero. (1) OJ L 347, 20.12.2013, p. 671. (2) OJ L 435, 6.12.2021, p. 187. (3) OJ L 269, 10.10.2013, p. 1. (4) Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1). (5) Commission Implementing Regulation (EU) 2023/2834 of 10 October 2023 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards imports in the sectors of rice, cereals, sugar and hops (OJ L, 2023/2834, 21.12.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2834/oj). (6) Council Decision 2004/617/EC of 11 August 2004 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and India pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994 (OJ L 279, 28.8.2004, p. 17). ELI: http://data.europa.eu/eli/reg_del/2023/2835/oj 1/8EN OJ L, 21.12.2023 (3) Pursuant to the Agreement in the form of an Exchange of Letters between the European Community and Pakistan pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994, approved by Council Decision 2004/618/EC(7), the duty applicable to imports of husked rice of certain Basmati varieties originating in Pakistan is fixed at zero. (4) To ensure the sound administrative management of imports of Basmati rice, special rules, whether additional to or derogating from Commission Delegated Regulation (EU) 2016/1237(8) and from Commission Implementing Regulation (EU) 2016/1239(9), should be adopted concerning the obligation for an import licence and other issues, especially as regards proof of trade and transferability of a licence. (5) In order to ensure that importers of cereals respect the provisions of this Regulation and of Implementing Regulation (EU) 2023/2834, a guarantee for the quality of the products imported should be required from them. (6) In order to ensure that the Union market is adequately supplied by imports of molasses from third countries, the Commission should have the power to suspend in whole or in part import duties for molasses falling within CN code 1703. (7) For products of the hops sector imported from third countries, an attestation of equivalence certifies that they respect the quality standards equivalent to those adopted for like products harvested within the Union or made from such products. It is important that Member States carry out controls to ensure that imported products of the hops sector meet the criteria laid down in the attestation of equivalence and inform the Commission of any findings which would necessitate the removal of the issuing competent authority from the list of third country authorities that are authorised to issue such attestations. (8) In order to reduce the administrative burden, small packages of products of the hops sector for sale to private individuals for their own use, hops for scientific and technical experiments and for fairs covered by the special customs arrangements for fairs should be imported without an attestation of equivalence, as long as certain entries appear on the packaging which ensure that the product is not put in free circulation, but only destined for one of the uses to which the exception applies. (9) Trade of certain agricultural products between the EU and certain third countries often requires that the products are accompanied for imports by documents that certify the implementation of certain formalities (so-called ‘non- customs formalities) required by the EU agricultural legislation, currently predominantly in the paper form. The Commission intends to digitise the whole process by establishing an electronic system for DG AGRI non-customs (7) Council Decision 2004/618/EC of 11 August 2004 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Pakistan pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994 (OJ L 279, 28.8.2004, p. 23). (8) Commission Delegated Regulation (EU) 2016/1237 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of import and export licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the rules on the release and forfeit of securities lodged for such licences, amending Commission Regulations (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 951/2006, (EC) No 341/2007 and (EC) No 382/2008 and repealing Commission Regulations (EC) No 2390/98, (EC) No 1345/2005, (EC) No 376/2008 and (EC) No 507/2008 (OJ L 206, 30.7.2016, p. 1). (9) Commission Implementing Regulation (EU) 2016/1239 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences (OJ L 206, 30.7.2016, p. 44). 2/8 ELI: http://data.europa.eu/eli/reg_del/2023/2835/ojEN OJ L, 21.12.2023 formalities (ELAN) based on TRACES.NT and linked to the EU Single Window Environment for customs as established by Regulation (EU) 2022/2399 of the European Parliament and of the Council(10). ELAN will define the digital processes in the future and will allow users to issue, store, and retrieve the necessary documents. ELAN will be divided into 2 parts and part 2 called ELAN2-C is to include, among others, also different documents covered by this Regulation and by Implementing Regulation 2023/2834. After defining those digital processes the legal provisions of the two Regulations will be amended accordingly. (10) As this Regulation updates the currently applicable rules, replaces the existing rules and abolishes obsolete rules as laid down in Commission Regulations (EC) No 3330/94(11), (EC) No 2810/95(12), (EC) No 951/2006(13), (EC) No 972/2006(14), (EC) No 504/2007(15), (EC) No 1375/2007(16), (EC) No 402/2008(17), (EC) No 1295/2008(18), (EC) No 1312/2008(19)and (EU) No 642/2010(20), those regulations should be repealed. (10) Regulation (EU) 2022/2399 of the European Parliament and of the Council of 23 November 2022 establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 (OJ L 317, 9.12.2022, p. 1). (11) Commission Regulation (EC) No 3330/94 of 21 December 1994 on the tariff classification of certain poultry cuts and amending Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 350, 31.12.1994, p. 52). (12) Commission Regulation (EC) No 2810/95 of 5 December 1995 on the tariff classification of pig carcases and half- carcases and amending Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 291, 6.12.1995, p. 24). (13) Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (OJ L 178, 1.7.2006, p. 24). (14) Commission Regulation (EC) No 972/2006 of 29 June 2006 laying down special rules for imports of Basmati rice and a transitional control system for determining their origin (OJ L 176, 30.6.2006, p. 53). (15) Commission Regulation (EC) No 504/2007 of 8 May 2007 laying down detailed rules for the application of the arrangements for additional import duties in the milk and milk products sector (OJ L 119, 9.5.2007, p. 7). (16) Commission Regulation (EC) No 1375/2007 of 23 November 2007 on imports of residues from the manufacture of starch from maize from the United States of America (OJ L 307, 24.11.2007, p. 5). (17) Commission Regulation (EC) No 402/2008 of 6 May 2008 on procedures for the importation of rye from Turkey (OJ L 120, 7.5.2008, p. 3). (18) Commission Regulation (EC) No 1295/2008 of 18 December 2008 on the importation of hops from third countries (OJ L 340, 19.12.2008, p. 45). (19) Commission Regulation (EC) No 1312/2008 of 19 December 2008 fixing the conversion rates, the processing costs and the value of the by-products for the various stages of rice processing (OJ L 344, 20.12.2008, p. 56). (20) Commission Regulation (EU) No 642/2010 of 20 July 2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No 1234/2007 (OJ L 187, 21.7.2010, p. 5). ELI: http://data.europa.eu/eli/reg_del/2023/2835/oj 3/8EN OJ L, 21.12.2023 (11) Commission regulations on export refunds (EEC) No 1361/76(21), (EEC) No 1842/81(22), (EEC) No 3556/87(23), (EEC) No 3846/87(24), (EEC) No 815/89(25), (EC) No 765/2002(26), (EC) No 1993/2005(27), (EC) No 1670/2006(28), (EC) No 1731/2006(29), (EC) No 1741/2006(30), (EC) No 433/2007(31), (EC) No 1359/2007(32), (EC) No 1454/2007(33), (EC) No 508/2008(34), (EC) No 903/2008(35), (EC) No 147/2009(36), (EC) No 612/2009(37), (EU) No 817/2010(38), (EU) No 1178/2010(39)and (EU) No 90/2011(40)and Commission Implementing Regulation (EU) No 1373/2013(41) should be repealed as this system has been abolished by Regulation (EU) 2021/2117 of the European Parliament and of the Council(42), (21) Commission Regulation (EEC) No 1361/76 of 14 June 1976 laying down certain detailed rules for applying the export refund on rice and on mixtures of rice (OJ L 154, 15.6.1976, p. 11). (22) Commission Regulation (EEC) No 1842/81 of 3 July 1981 laying down detailed rules for implementing Regulation (EEC) No 1188/81 relating to general rules for granting refunds adjusted in the case of cereals exported in the form of certain spirituous beverages (OJ L 183, 4.7.1981, p. 10). (23) Commission Regulation (EEC) No 3556/87 of 26 November 1987 laying down additional detailed rules for the application of the system of advance-fixing certificates in the case of certain cereal sector products exported in the form of pasta falling within heading No 19.03 of the Common Customs Tariff (OJ L 337, 27.11.1987, p. 57). (24) Commission Regulation (EEC) No 3846/87 of 17 December 1987 establishing an agricultural product nomenclature for export refunds (OJ L 366, 24.12.1987, p. 1). (25) Commission Regulation (EEC) No 815/89 of 30 March 1989 on the grant of refunds for coloured barley (OJ L 86, 31.3.1989, p. 34). (26) Commission Regulation (EC) No 765/2002 of 3 May 2002 on the collection of samples and the adoption of certain detailed rules in connection with physical checks on boneless beef cuts qualifying for export refunds (OJ L 117, 4.5.2002, p. 6). (27) Commission Regulation (EC) No 1993/2005 of 7 December 2005 on the adjustment of the export refunds on malt under Article 15(4) of Council Regulation (EC) No 1784/2003 (OJ L 320, 8.12.2005, p. 26). (28) Commission Regulation (EC) No 1670/2006 of 10 November 2006 laying down certain detailed rules for the application of Council Regulation (EC) No 1784/2003 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks (OJ L 312, 11.11.2006, p. 33). (29) Commission Regulation (EC) No 1731/2006 of 23 November 2006 on special detailed rules for the application of export refunds in the case of certain preserved beef and veal products (OJ L 325, 24.11.2006, p. 12). (30) Commission Regulation (EC) No 1741/2006 of 24 November 2006 laying down the conditions for granting the special export refund on boned meat of adult male bovine animals placed under the customs warehousing procedure prior to export (OJ L 329, 25.11.2006, p. 7). (31) Commission Regulation (EC) No 433/2007 of 20 April 2007 laying down the conditions for granting special export refunds for beef and veal (OJ L 104, 21.4.2007, p. 3). (32) Commission Regulation (EC) No 1359/2007 of 21 November 2007 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals (OJ L 304, 22.11.2007, p. 21). (33) Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (OJ L 325, 11.12.2007, p. 69). (34) Commission Regulation (EC) No 508/2008 of 6 June 2008 on the definition, applicable to the granting of export refunds, of hulled grains and pearled grains of cereals (OJ L 149, 7.6.2008, p. 55). (35) Commission Regulation (EC) No 903/2008 of 17 September 2008 on special conditions for granting export refunds on certain pigmeat products (OJ L 249, 18.9.2008, p. 3). (36) Commission Regulation (EC) No 147/2009 of 20 February 2009 on defining the destination zones for export refunds, export levies and certain export licences for cereals and rice (OJ L 50, 21.2.2009, p. 5). (37) Commission Regulation (EC) No 612/2009 of 7 July 2009 on laying down common detailed rules for the application of the system of export refunds on agricultural products (OJ L 186, 17.7.2009, p. 1). (38) Commission Regulation (EU) No 817/2010 of 16 September 2010 laying down detailed rules pursuant to Council Regulation (EC) No 1234/2007 as regards requirements for the granting of export refunds related to the welfare of live bovine animals during transport (OJ L 245, 17.9.2010, p. 16). (39) Commission Regulation (EU) No 1178/2010 of 13 December 2010 laying down detailed rules for implementing the system of export licences in the egg sector (OJ L 328, 14.12.2010, p. 1). (40) Commission Regulation (EU) No 90/2011 of 3 February 2011 laying down detailed rules for implementing the system of export licences in the poultrymeat sector (OJ L 30, 4.2.2011, p. 1). (41) Commission Implementing Regulation (EU) No 1373/2013 of 19 December 2013 laying down detailed rules for implementing the system of export licences in the pigmeat sector (OJ L 346, 20.12.2013, p. 29). (42) Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union (OJ L 435, 6.12.2021, p. 262). 4/8 ELI: http://data.europa.eu/eli/reg_del/2023/2835/ojEN OJ L, 21.12.2023 HAS ADOPTED THIS REGULATION: SECTION 1 SCOPE Article 1 Subject matter This Regulation lays down specific rules for imports in the sectors of rice, cereals, sugar and hops, and in particular on: (a) imports of Basmati rice; (b) lodging a guarantee for the imports of flint maize, common wheat and durum wheat; (c) the suspension or reduction of import duties for molasses; (d) checks on imported hops and exemption from the attestation of equivalence and the labelling requirements for imports of hops. SECTION 2 RICE Article 2 Specific rules for imports of Basmati rice 1. This Section shall apply to husked Basmati rice falling within CN codes 1006 20 17and 1006 20 98, of the following varieties: (a) Basmati 217; (b) Basmati 370; (c) Basmati 386; (d) Kernel (Basmati); (e) Pusa Basmati; (f) Ranbir Basmati; (g) Super Basmati; (h) Taraori Basmati (HBC-19); (i) Type-3 (Dehradun). 2. Notwithstanding the rates of import duty fixed in the Common Customs Tariff, Basmati rice referred to in paragraph 1 shall qualify for a zero rate of import duty under the conditions laid down in this Section and when accompanied by an import licence issued in accordance with Delegated Regulation (EU) 2016/1237 and Implementing Regulation (EU) 2016/1239. Article 3 Applicable rules Delegated Regulation (EU) 2016/1237 and Implementing Regulation (EU) 2016/1239 shall apply, unless otherwise provided for in this Regulation. ELI: http://data.europa.eu/eli/reg_del/2023/2835/oj 5/8EN OJ L, 21.12.2023 Article 4 Import licence applications Import licence applications for Basmati rice referred to in Article 2(1) shall be accompanied by: (a) a proof that the applicant exported from the Union or released for free circulation in the Union a minimum quantity of 25 t of rice referred to in Article 1(2), point (b), of Regulation (EU) No 1308/2013 during one of the previous 2 calendar years; (b) a product authenticity certificate issued by a competent body in the exporting country, as made public by the Commission on its website. That certificate may be stored and made available in the electronic system ELAN to be set up by the Commission. Article 5 Transfer of rights from import licences By way of derogation from Article 6 of Delegated Regulation (EU) 2016/1237, rights deriving from import licences for Basmati rice referred to in Article 2(1) of this Regulation shall not be transferable. SECTION 3 CEREALS Article 6 Lodging of guarantee for the importation of flint maize By way of derogation from Article 211(3), point (c), of Regulation (EU) No 952/2013, for flint maize, the importer shall lodge with the customs authority a specific guarantee, except where the declaration of release for free circulation is accompanied by a certificate of conformity issued by the Argentine Servicio National de Sanidad y Calidad Agroalimentaria (Senasa) in accordance with Article 21(2), first subparagraph, point (a) of Implementing Regulation (EU) 2023/2834. Article 7 Lodging of a guarantee for the importation of common wheat and durum wheat 1. For high quality common wheat, the importer shall lodge with the customs authority a specific guarantee on the date of acceptance of the declaration of release for free circulation except where that declaration is accompanied by a certificate of conformity issued by the Federal Grain Inspection Service (FGIS) or by the Canadian Grain Commission (CGC) in accordance with Article 21(2), first subparagraph, point (b) or (c), of Implementing Regulation (EU) 2023/2834. If, however, import duties for all quality categories of common wheat have been suspended in accordance with Article 219 of Regulation (EU) No 1308/2013, the specific guarantee shall not be required for the entire period of suspension. 2. For durum wheat, the importer shall lodge with the customs authority a specific guarantee on the date of acceptance of the declaration of release for free circulation, except where that declaration is accompanied by a certificate of conformity issued by the Federal Grain Inspection Service (FGIS) or by the Canadian Grain Commission (CGC) in accordance with Article 21(2), first subparagraph, point (b) or (c), of Implementing Regulation (EU) 2023/2834. However, where the import duty applicable to the different qualities of durum wheat is zero, the specific guarantee shall not be required. 6/8 ELI: http://data.europa.eu/eli/reg_del/2023/2835/ojEN OJ L, 21.12.2023 SECTION 4 SUGAR Article 8 Suspension and reduction of import duties for molasses Where the CIF representative prices for molasses referred to in Article 25 of Implementing Regulation (EU) 2023/2834 and the import duty applicable to cane molasses falling within CN code 1703 10 00, or to beet molasses falling within CN code 1703 90 00, exceed 8,21 EUR/100 kg, the import duty shall be suspended or reduced to the amount found by the Commission. This amount shall be fixed at the same time as the representative prices referred to in that Article. However, where there is a risk that the suspension of import duties may have adverse effects on the Union market in molasses, provision may be made in accordance with the procedure referred to in Article 183, first paragraph, point (a), of Regulation (EU) No 1308/2013, for not applying that suspension for a specific period. SECTION 5 HOPS Article 9 Checks on imported hops that they comply with the minimum marketing requirements 1. The Member States shall report to the Commission the results of the checks on compliance with minimum market requirements that were carried out over the year preceding that of 30 June as laid down in Article 43(2) of Implementing Regulation (EU) 2023/2834. 2. If a Member State discovers that the characteristics of a hop product do not conform to the details listed on the accompanying attestation of equivalence, it shall notify the Commission thereof. The Commission may decide to withdraw the agency having issued the attestation of equivalence for such products from the list referred to in Article 37(2) of Implementing Regulation (EU) 2023/2834. 3. The notifications referred to in paragraph 2 and the reports referred to in Article 43(2) of Implementing Regulation (EU) 2023/2834 shall be made through the notification system established by Commission Delegated Regulation (EU) 2017/1183(43)and Commission Implementing Regulation (EU) 2017/1185(44). Article 10 Exemption from the attestation of equivalence and the labelling requirements 1. By way of derogation from Article 35(2) of Implementing Regulation (EU) 2023/2834, for the import of hops and hop products, neither the attestation referred to in that Article nor compliance with Article 39 of that Implementing Regulation shall be required for their release for free circulation where the weight per individual package does not exceed 1 kg in the case of hop cones and hop powder and 300 g in the case of hop extracts imported for the following purposes: (a) small packages for sale to private individuals for their own use; (43) Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100). (44) Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113). ELI: http://data.europa.eu/eli/reg_del/2023/2835/oj 7/8EN OJ L, 21.12.2023 (b) for scientific and technical experiments; (c) for fairs covered by the special customs arrangements for fairs. 2. The description, weight and final use of the product shall appear on the packaging. SECTION 6 FINAL PROVISIONS Article 11 Repeals The following Regulations are repealed: (a) Regulations (EC) No 3330/94, (EC) No 2810/95, (EC) No 951/2006, (EC) No 972/2006, (EC) No 504/2007, (EC) No 1375/2007, (EC) No 402/2008, (EC) No 1295/2008, (EC) No 1312/2008 and (EU) No 642/2010; (b) Regulations (EEC) No 1361/76, (EEC) No 1842/81, (EEC) No 3556/87, (EEC) No 3846/87, (EEC) No 815/89, (EC) No 765/2002, (EC) No 1993/2005, (EC) No 1670/2006, (EC) No 1731/2006, (EC) No 1741/2006, (EC) No 433/2007, (EC) No 1359/2007, (EC) No 1454/2007, (EC) No 508/2008, (EC) No 903/2008, (EC) No 147/2009, (EC) No 612/2009, (EU) No 817/2010, (EU) No 1178/2010, (EU) No 90/2011 and Implementing Regulation (EU) No 1373/2013. Article 12 Entry into force This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 10 October 2023. For the Commission The President Ursula VON DER LEYEN 8/8 ELI: http://data.europa.eu/eli/reg_del/2023/2835/oj

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