COMMISSION REGULATION (EC) No 1950/2005
of 28 November 2005
adapting several Regulations concerning the cereal, rice and potato starch markets by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 57(2) thereof,
Whereas:
(1)
Certain technical amendments are necessary in several Commission Regulations concerning the cereal, rice and potato starch markets in order to carry out the necessary adaptations by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, (hereinafter referred to as the ‘new Member States’) to the European Union.
(2)
Commission Regulations (EEC) No 2692/89 (1), (EEC) No 862/91 (2), (EEC) No 1722/93 (3), (EC) No 2058/96 (4), (EC) No 196/97 (5), (EC) No 327/98 (6), (EC) No 638/2003 (7) and (EC) No 2236/2003 (8) contain certain entries in all Community languages. They should also include those entries in the languages of the new Member States.
(3)
Commission Regulation (EEC) No 2145/92 of 29 July 1992 redefining the destination zones for export refunds, export levies and certain export licenses for cereals and rice (9) contains certain references to the new Member States as destinations for export refunds. Those references should be deleted.
(4)
Regulations (EEC) No 2692/89, (EEC) No 862/91, (EEC) No 2145/92, (EEC) No 1722/93, (EC) No 2058/96, (EC) No 196/97, (EC) No 327/98, (EC) No 638/2003 and (EC) No 2236/2003 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2692/89 is hereby amended as follows:
1.
Article 13(7) is replaced by the following:
‘7. The application for a subsidy document and the document itself shall include in section 20 and section 22 one of the entries listed in points A and B respectively of Annex I, written in red or underlined in red.
The heading of the export licence or advance fixing certificate and section 21 shall be crossed out in red.’;
2.
Article 14(2)(b) and (c) are replaced by the following:
‘(b)
section 104 shall be annotated accordingly and one of the entries listed in Annex II shall be added
(c)
section 106 shall be annotated accordingly and one of the entries listed in Annex III shall be added.’;
3.
in Article 15(1), the second subparagraph is replaced by the following:
‘If the quality requirements referred to in the first subparagraph are found not to be met when the declaration of release for consumption on Réunion is accepted, one of the entries listed in Annex IV shall be entered under “Remarks” in section J of the control copy referred to in Article 14.’;
4.
the text in Annex I to this Regulation is added as Annexes I, II, III and IV.
Article 2
Regulation (EEC) No 862/91 is hereby amended as follows:
1.
in Article 2(1), the second subparagraph is replaced by the following:
‘The certificate of origin to be used shall be made out on a form, a specimen of which is given in Annex I.’;
2.
Article 3(1) is replaced by the following:
‘1. The proof referred to in the first indent of Article 1(2) of Regulation (EEC) No 3491/90 shall be constituted by the competent authorities in Bangladesh entering under “Remarks” in the certificate of origin one of the entries listed in Annex II.’;
3.
Article 4(1)(a) is replaced by the following:
‘(a)
in boxes 20 and 24, one of the entries listed in Annex III;’
4.
the title of the Annex is replaced by ‘Annex I’;
5.
the text in Annex II to this Regulation is added as Annexes II and III.
Article 3
In the Annex to Regulation (EEC) No 2145/92 the names of following countries are hereby deleted:
1.
in Zone I: Malta, Cyprus;
2.
in Zone II: Poland, Czech and Slovak Federal Republic, Hungary, Estonia, Latvia, and Lithuania;
3.
in Zone III: Slovenia.
Article 4
Regulation (EEC) No 1722/93 is hereby amended as follows:
1.
Article 10(6) is replaced by the following:
‘6. When the product in question is the subject of intra-Community trade or is exported to third countries via the territory of another Member State, a T 5 control copy shall be issued in accordance with Commission Regulation (EEC) No 2454/93 (10)
Box 104 of the control copy shall include, under the heading “Other”, one of the entries listed in Annex IV.
2.
the text in Annex III to this Regulation is added as Annex IV.
Article 5
Regulation (EC) No 2058/96 is hereby amended as follows:
1.
Article 2(4)(a) and (b) are replaced by the following:
‘(a)
in box 20 one of the entries listed in Annex I;
(b)
in box 24, one of the entries listed in Annex II.’;
2.
Article 5(3)(a) and (b) are replaced by the following:
‘(a)
in box 104, one of the entries listed in Annex III;
(b)
in box 107, one of the entries listed in Annex IV.’;
3.
the text in Annex IV to this Regulation is added as Annexes I, II, III and IV.
Article 6
Regulation (EC) No 196/97 is hereby amended as follows:
1.
Article 3(1)(b) is replaced by the following:
‘(b)
in box 24, one of the entries listed in the Annex must be given;’
2.
the text in Annex V to this Regulation is added as an Annex.
Article 7
Regulation (EC) No 327/98 is hereby amended as follows:
1.
Article 4(4) is replaced by the following:
‘4. Section 24 of the licences shall bear one of the following entries:
(a)
in the case of the quota referred to in Article 1(1)(a), one of the entries listed in Annex V;
(b)
in the case of the quota referred to in Article 1(1)(b), one of the entries listed in Annex VI;
(c)
in the case of the quota referred to in Article 1(1)(c), one of the entries listed in Annex VII.’;
2.
the text in Annex VI to this Regulation is added as Annexes V, VI and VII.
Article 8
Regulation (EC) No 638/2003 is hereby amended as follows:
1.
Article 7(2) is replaced by the following:
‘2. Proof that the export charge has been collected shall be provided by the indication of the amount in national currency and the insertion by the customs authorities of the exporting country of one of the entries listed in Annex III, together with the signature and stamp of the customs office, in section 12 of the export licence in accordance with the specimen in Annex I, issued by the exporting country.’;
2.
Article 16(3) is replaced by the following:
‘3. Section 24 of the licences shall bear one of the following entries:
(a)
for imports originating in the ACP states: one of the entries listed in Annex IV;
(b)
for imports originating in the OCTs: one of the entries listed in Annex V.’;
3.
the text in Annex VII to this Regulation is added as Annexes III, IV and V.
Article 9
Regulation (EC) No 2236/2003 is hereby amended as follows:
1.
Article 13(3)(a) is replaced by the following:
‘(a)
an export licence issued to the starch-producing undertaking in question by the competent authority of the Member State referred to in paragraph 2 bearing one of the entries listed in the Annex, by way of derogation from Article 3 of Commission Regulation (EC) No 1518/95 (11);
2.
the text in Annex VIII to this Regulation is added as an Annex.
Article 10
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall not affect the validity of licences applied for or issued between 1 May 2004 and the date of the entry into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 2005.