Commission Regulation (EC) No 381/2002 of 28 February 2002 derogating from Regulation (EC) No 2535/2001 as regards import licence applications for cheese from South Africa
Date: 2002-02-28
Institutions: European Commission
Subjects: South Africa, cheese, import licence, originating product, tariff quota

L 60/28

EN

Official Journal of the European Communities

1.3.2002

COMMISSION REGULATION (EC) No 381/2002

of 28 February 2002

derogating from Regulation (EC) No 2535/2001 as regards import licence applications for cheese
from South Africa

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), as last amended by Regulation (EC) No
1670/2000 (2), and in particular Articles 26(3) and 29(1)
thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 2535/2001 of 14
December 2001 laying down detailed rules for applying
Council Regulation (EC) No 1255/1999 as regards the
import arrangements for milk and milk products and
opening tariff quotas (3) provides in particular for the
breakdown of the quantities to be imported in each
six-month period,
the period for the submission of
import licence applications and the carry-over of the
remaining quantities to the following import period.

Applications for licences to import cheese originating in
South Africa from 1 January to 30 June 2002 have been
negligible owing to the uncertainty regarding the very
possibility of importing cheese originating in that third
country. In order to ensure compliance with the health
rules, establishments in third countries producing food-
stuffs for human consumption must be approved in
accordance with Council Directive 92/46/EEC of 16 June
1992 laying down the health rules for the production
and placing on the market of raw milk, heat-treated milk
and milk-based products (4),
amended by
Directive 94/71/EC (5), but during the period for the
submission of licence applications from 1 to 10 January
2002 there was approved no establishment producing
milk products in the Republic of South Africa, which
therefore made it impossible to export to the European
Community.

last

as

As the approval procedure has been concluded, milk
products originating in South Africa can now be
exported to the European Community. To allow the
quota to be used to the maximum and to avoid waiting
for the second half of 2002 before opening the second
period for the submission of applications in respect of
almost the whole quota, a further period should be
opened, by way of derogation from Regulation (EC) No
2535/2001, for all operators to submit cheese import
licence applications covering the remaining quantity for
the first half of 2002.

(4)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

Article 6, Article 14(1) and the second subparagraph of
1.
Article 16(2) of Regulation (EC) No 2535/2001 notwith-
standing, applications for licences to import up to 2 730
tonnes of cheese originating in South Africa from 1 January to
30 June 2002 may be submitted from 1 to 10 March 2002
under quota 09.4151 as referred to in Part E of Annex I to that
Regulation.

notwithstanding,

The second paragraph of Article 12 of Regulation (EC)
2.
No
have
2535/2001
submitted import licence applications under the quota referred
to in paragraph 1 during the submission period from 1 to 10
January 2002 may submit a further application under this
Regulation.

operators who

Article 2

This Regulation shall enter
into force on the third day
following its publication in the Official Journal of the European
Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 February 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 341, 22.12.2001, p. 29.
(4) OJ L 268, 14.9.1992, p. 1.
(5) OJ L 368, 31.12.1994, p. 33.