Commission Regulation (EC) No 1157/2003 of 30 June 2003 amending Regulation (EC) No 2535/2001 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, and derogating from that Regulation
Date: 2003-06-30
Institutions: European Commission
Subjects: import, milk, tariff quota

1.7.2003

EN

Official Journal of the European Union

L 162/19

COMMISSION REGULATION (EC) No 1157/2003

of 30 June 2003

amending Regulation (EC) No 2535/2001 laying down detailed rules for applying Council Regula-
tion (EC) No 1255/1999 as regards the import arrangements for milk and milk products and
opening tariff quotas, and derogating from that Regulation

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
806/2003 (2), and in particular Article 29(1) thereof,

Council Decision 2003/465/EC of 16 June 2003
concerning the conclusion of the Agreement in the form
of an Exchange of Letters between the European
Community and the Kingdom of Norway concerning
certain agricultural products (8), provides inter alia for
changes in the quotas for cheese imports into the
Community. The agreement also relates to replacing the
method of managing these quotas, currently based on
the issuing of IMA 1 certificates as described in Chapter
III, Title 2 of Regulation (EC) No 2535/2001, by mana-
ging them on the basis of an import licence alone, as
provided for in Chapter I, Title 2 of the said Regulation.

Whereas:

(4)

The details relating to the issuing body for Canada, set
out in Annex XII to Regulation (EC) No 2535/2001,
should be updated.

(1)

(2)

Commission Regulation (EC) No 2535/2001 (3), as last
amended by Regulation (EC) No 787/2003 (4),
lays
down, inter alia, detailed rules for the application to milk
and milk products of the import arrangements provided
for in the Europe Agreements between the Community
and its Member States, of the one part, and certain
Central and East European countries, of the other part.
In order to implement the concessions provided for by
Council Decision 2003/286/EC of 8 April 2003 on the
conclusion of a Protocol adjusting the trade aspects of
establishing an association
the Europe Agreement
between the European Communities and their Member
States, of the one part, and the Republic of Bulgaria, of
the other part (5), the new import tariff quotas should be
opened and certain existing quotas should be increased.

Council Decision 2003/285/EC (6), which approved the
Protocol adjusting the trade aspects of the Europe Agree-
ment establishing an association between the European
Communities and their Member States, of the one part,
and the Republic of Hungary, of the other part, to take
account of the outcome of negotiations between the
Parties on new mutual agricultural concessions, repealed
Council Regulation (EC) No 1408/2002 (7). The refer-
ences made to that Regulation in Regulation (EC) No
2535/2001 should, therefore, be replaced.

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 341, 22.12.2001, p. 29.
(4) OJ L 115, 9.5.2003, p. 18.
(5) OJ L 102, 24.4.2003, p. 60.
(6) OJ L 102, 24.4.2003, p. 32.
(7) OJ L 205, 2.8.2002, p. 9.

(5)

Regulation (EC) No 2535/2001 should be amended
accordingly.

(6)

(7)

Article 14(1) of Regulation (EC) No 2535/2001 lays
down that the licence applications may be lodged only
during the first 10 days of each six-month period. In
order to enable this Regulation to be implemented
correctly and ensure that all the importers concerned
have 10 days to lodge applications for the second half of
2003, provision should be made to derogate from the
said Article.

Article 7 of Regulation (EC) No 2535/2001 lays down
that applicants for import licences must be approved in
advance by the competent authority of
the Member
States in which they are established. Provision should be
made to derogate from the said Article and from Article
11 in the case of importers wishing, for the period 1
July 2003 to 31 December 2003, to have access to the
quotas provided for in the Agreement with Norway.

(8)

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

(8) OJ L 156, 25.6.2003, p. 48.

L 162/20

EN

Official Journal of the European Union

1.7.2003

HAS ADOPTED THIS REGULATION:

Article 1

4. Article 24 is amended as follows:

(a) in paragraph 1, (b) is deleted;

(b) paragraph 2 is replaced by the following:

Annex III to this Regulation sets out the duties to
‘2.
be applied and, in the case of imports as referred to in
paragraph 1(a), the maximum quantities to be imported
each year and the import year.’;

5. Annex I is amended as follows:

Regulation (EC) No 2535/2001 is amended as follows:

(a) in Part I.B, point 6 is replaced by the text in Annex I to

1. Article 5 is amended as follows:

(a) point (b) is replaced by the following:

(EC) No 1151/2002 (**),

‘(b) the quotas provided for in Council Regulations (EC)
(EC)
No 2475/2000 (*),
No 1361/2002 (***), (EC) No 1362/2002 (****) and
in Council Decisions 2003/18/EC (*****), 2003/
263/EC (******), 2003/285/EC (*******), 2003/286/
EC (********), 2003/298/EC (*********) and 2003/
299/EC (**********);

(*) OJ L 286, 11.11.2000, p. 15.
(**) OJ L 170, 29.6.2002, p. 15.
(***) OJ L 198, 27.7.2002, p. 1.
(****) OJ L 198, 27.7.2002, p. 13.
(*****) OJ L 8, 14.1.2003, p. 18.
(******) OJ L 97, 15.4.2003, p. 53.
(*******) OJ L 102, 24.4.2003, p. 32.
(********) OJ L 102, 24.4.2003, p. 60.
(*********) OJ L 107, 30.4.2003, p. 12.
(**********) OJ L 107, 30.4.2003, p. 36.’;

this Regulation;

(b) the text in Annex II to this Regulation is added as Part

H;

6.

in Annex III, Part B is deleted;

7.

in Annex XI, G and H are deleted;

8. Annex XII is amended as follows:

(a) the details relating to location in respect of Canada are

replaced by the following:

‘Building 55, NCC Driveway
Central Experimental Farm
960 Carling Avenue
Ottawa, Ontario K1A 0Z2
Telephone: 1 (613) 792-2000
Fax: 1 (613) 792-2009’

(b) the details relating to Norway are deleted.

(b) the following point (h) is added:

Article 2

‘(h) the quotas provided for in Council Decision 2003/

465/EC (*).

(*) OJ L 156, 25.6.2003, p. 48.’;

2. the second subparagraph of Article 13(2) is replaced by the

following:

‘However, in the case of the quotas referred to in Article
5(c), (d), (e), (g) and (h), licence applications shall relate to at
least 10 tonnes and to no more than the quantity fixed for
each period in accordance with Article 6.’;

3. Article 19(1) is amended as follows:

(a) the first part of

the sentence is

replaced by the

following:

‘The reduced rate of duty shall be applied only on
presentation of the declaration of release for free circula-
tion accompanied by the import licence and, in the case
of the imports referred to below, the proof of origin
issued, respectively, under the following instruments:’

(b) the following point (h) is added:

1.
By way of derogation from Article 14(1) of Regulation
(EC) No 2535/2001, in the case of the quotas opened on 1 July
2003 referred to in Annex I, Part B, point 6 and in Annex I,
Part H, applications for import licences shall be submitted
within 10 days of the date of entry into force of this Regula-
tion.

2.
By way of derogation from Article 7 of Regulation (EC)
No 2535/2001, the approval provided for is not required for
the period 1 July to 31 December 2003 in the case of the
quotas opened on 1 July 2003 referred to in Annex I, Part H to
this Regulation.

3.
For the period referred to in paragraph 2, by way of dero-
gation from Article 11 of Regulation (EC) No 2535/2001,
licence applications for the quotas referred to in the said para-
graph 2 shall be submitted in the Member State in which the
applicants are established.

Article 3

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

‘(h) rules referred to in point 10 of the Agreement with

Norway.’;

It shall apply from 1 July 2003.

1.7.2003

EN

Official Journal of the European Union

L 162/21

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

Done at Brussels, 30 June 2003.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX I

‘6. Products originating in Bulgaria

Applicable duty
(% of MFN)

Annual quantities
(tonnes)
from 1.7.2002 to
30.6.2003

Annual quantities
(tonnes)
from 1.7.2003 to
30.6.2004

Quantities opened on
1.7.2003

Quantities opened on
1.1.2004

Annual increase
from 1.7.2004

Exemption

250

500

500

250

0

Quota No

CN code

Description (1)

09.4675

0403 10 11
0403 10 13
0403 10 19
0403 10 31
0403 10 33
0403 10 39

09.4660

0406

Exemption

6 100

6 400

3 200

3 200

300’

L

1
6
2
/
2
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

.

.

1
7
2
0
0
3

1.7.2003

EN

Official Journal of the European Union

L 162/23

ANNEX II

‘I.H

TARIFF QUOTAS UNDER ANNEX I TO THE AGREEMENT WITH THE KINGDOM OF NORWAY

Quota number

CN code

Description (1)

Customs duty

Quota from 1 July to 30 June
quantities in tonnes from 1.7.2003

annual

six-monthly

09.4781

ex 0406 90 23

Norwegian Edam

0406 90 39

Jarlsberg

ex 0406 90 78

Norwegian Gouda

Other cheeses

0406 90 86
0406 90 87
0406 90 88

9

>>>>>>>>>>=
>>>>>>>>>>;

Exemption

3 467

1 733,5

09.4782

0406 10

Fresh cheeses

Exemption

533

266,5

(1) Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to
be considered as having no more than an indicative value, the preferential arrangements being determined, within the context of this
Annex, by the coverage of the CN codes.’