Commission Regulation (EC) No 2092/2002 of 26 November 2002 derogating from Regulation (EC) No 2535/2001 as regards the import licences for milk and milk products from Estonia for 2002
Date: 2002-11-26
Institutions: European Commission
Subjects: Estonia, derogation from EU law, extra-EU trade, import licence, powdered milk, tariff quota

L 322/28

EN

Official Journal of the European Communities

27.11.2002

COMMISSION REGULATION (EC) No 2092/2002

of 26 November 2002

derogating from Regulation (EC) No 2535/2001 as regards the import licences for milk and milk
products from Estonia for 2002

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Commission Regula-
tion (EC) No 509/2002 (2), and in particular Article 29(1)
thereof,

Whereas:

(1)

(2)

(3)

for

the milk powder for export

The Estonian authorities have informed the Commission
of planned supplementary veterinary checks to ensure
that
to the Community
under quota No 09.4546 as provided for by Council
Regulation (EC) No 1349/2000 of 19 June 2000 estab-
lishing certain concessions in the form of Community
certain agricultural products and
tariff quotas
providing for an adjustment, as an autonomous and
transitional measure, of certain agricultural concessions
provided for in the Europe Agreement with Estonia (3),
as amended by Regulation (EC) No 2677/2000 (4),
complies 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 (5), as last amended by Directive
94/71/EC (6), and with Council Directive 96/23/EC of 29
April 1996 on measures to monitor certain substances
and residues thereof in live animals and animal products
and repealing Directives 85/358/EEC and 86/469/EEC
and Decisions 89/187/EEC and 91/664/EEC (7).

These supplementary veterinary checks have caused diffi-
culties and delays for importers holding licences whose
validity expired on or before 30 June 2002.

Notwithstanding 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 (8), as last amended
by Regulation (EC) No 1667/2002 (9), provision should
exceptionally be made to allow those operators who
were unable to use the initial licences to apply for a new
licence for the quantities unused under the expired
licence. Holders of licences who have made amendments
to them other than the corrections provided for in

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 79, 22.3.2002, p. 15.
(3) OJ L 155, 28.6.2000, p. 1.
(4) OJ L 308, 8.12.2000, p. 7.
(5) OJ L 268, 14.9.1992, p. 1.
(6) OJ L 368, 31.12.1994, p. 33.
(7) OJ L 125, 23.5.1996, p. 10.
(8) OJ L 341, 22.12.2001, p. 29.
(9) OJ L 252, 20.9.2002, p. 8.

Article 26(2) of Commission Regulation (EC) No 1291/
2000 of 9 June 2000 laying down common detailed
rules for the application of the system of import and
export licences and advance fixing certificates for agri-
cultural products (10), as last amended by Regulation (EC)
No 954/2002 (11), should not be allowed this concession.

Provision should be made to allow securities that were
confiscated upon expiry of the licences to be released
proportionate to the quantities imported under the new
licence.

In order to obtain information on the use of the quota
concerned, provision should be made for notifications
from the Member States regarding the licences in ques-
tion.

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

(4)

(5)

(6)

HAS ADOPTED THIS REGULATION:

Article 1

1.
Notwithstanding Article 12 of Regulation (EC) No 2535/
2001, at the request of the interested party, a new licence may
be issued to the holder of a licence issued for the period
January-June 2002, for imports of products covered by quota
No 09.4546 listed in Annex I.B.7 to that Regulation, provided
that the licence could not be fully used during its term of
validity.

Should the competent authorities note that amendments other
than the corrections allowed under Article 26(2) of Regulation
(EC) No 1291/2000 have been made to a licence that expired
on 30 June 2002, no new licence shall be issued.

2.
Notwithstanding the first subparagraph of Article 13(2)
of Regulation (EC) No 2535/2001, applications for a new
licence and the new licence itself shall be for no more than the
unused quantity of the expired licence referred to in paragraph
1.

Notwithstanding Article 14(1) of Regulation (EC) No
3.
2535/2001, applications for a new licence shall be lodged no
later than 10 working days after the entry into force of this
Regulation.

(10) OJ L 152, 24.6.2000, p. 1.
(11) OJ L 147, 5.6.2002, p. 8.

27.11.2002

EN

Official Journal of the European Communities

L 322/29

Notwithstanding Article 14(2) of Regulation (EC) No
4.
2535/2001 and Article 15(2) of Regulation (EC) No 1291/
2000, the issue of a licence shall not require a security to be
lodged.

The security forfeited on the unused quantity in the expired
licence referred to in paragraph 1 above shall be released in
proportion to the quantities imported under the new licence.

5.
Notwithstanding Article 16(1) of Regulation (EC) No
2535/2001, the new licence shall be issued no later than five
working days after the day on which the application was
lodged.

6.
Notwithstanding Article 16(3) of Regulation (EC) No
2535/2001, the validity of the new licences shall be 90 days
from their actual date of issue under Article 23(2) of Regulation
(EC) No 1291/2000.

7.
Notwithstanding Article 18(1)(d) of Regulation (EC) No
2535/2001, the application for a new licence and the new
licence itself shall contain in box 20 the quota number and one
of the following:

— Certificado expedido de conformidad con lo dispuesto en el

artículo 1 del Reglamento (CE) no 2092/2002

— Licens udstedt efter artikel 1 i forordning (EF) nr. 2092/

2002

— Lizenz erteilt gemäß Artikel 1 der Verordnung (EG) Nr.

2092/2002

— Πιστοποιητικό που εκδόθηκε σύµφωνα µε τις διατάξεις του

άρθρου 1 του κανονισµού (ΕΚ) αριθ. 2092/2002

— Licence issued under Article 1 of Regulation (EC) No 2092/

2002

— Certificat émis conformément aux dispositions de l'article

1er du règlement (CE) no 2092/2002

— Titolo rilasciato conformemente alle disposizioni dell'arti-

colo 1 del regolamento (CE) n. 2092/2002

— Certificaat afgegeven overeenkomstig artikel 1 van Veror-

dening (EG) nr. 2092/2002

— Certificado emitido em conformidade com o disposto no

artigo 1.o do Regulamento (CE) n.o 2092/2002

— Asetuksen (EY) N:o 2092/2002 1 artiklan säännösten

mukaisesti myönnetty todistus

— Licens utfärdad i enlighet med artikel 1 i förordning (EG) nr

2092/2002.

Article 2

In the case of the licences issued pursuant to Article 1, the
Member States shall send to the Commission:

(a) before the end of the month following the month in which
they were issued, the licences' serial numbers and dates of
issue, the quantities of products for which they were issued,
broken down by Combined Nomenclature code and speci-
fying the importer's name and approval number;

(b) no later than one month after the expiry of the licences,
the
imported, broken down by
Combined Nomenclature code and specifying the importer's
name and approval number.

quantities

actually

Article 3

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, 26 November 2002.

For the Commission

Franz FISCHLER

Member of the Commission