Commission Regulation (EC) No 1302/2003 of 23 July 2003 derogating from Regulation (EC) No 1439/95 laying down detailed rules for the application of Council Regulation (EEC) No 3013/89 as regards the import and export of products in the sheepmeat and goatmeat sector
Date: 2003-07-23
Institutions: European Commission
Subjects: Namibia, goatmeat, import licence, originating product, sheepmeat

24.7.2003

EN

Official Journal of the European Union

L 185/3

COMMISSION REGULATION (EC) No 1302/2003

of 23 July 2003

derogating from Regulation (EC) No 1439/95 laying down detailed rules for the application of
Council Regulation (EEC) No 3013/89 as regards the import and export of products in the sheep-
meat and goatmeat sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2529/2001 of 19
December 2001 on the common organisation of the market in
sheepmeat and goatmeat (1), and in particular Article 16
thereof,

(4)

(5)

In order to enable the Commission to take a decision
with regard to the issuing of import licences for the first
quarter of 2003 following the applications of importers
of products under CN code 0204 originating in Namibia,
it is appropriate to provide for derogations from the
relevant provisions of Regulation (EC) No 1439/95.

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

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 2366/2002 of 27
December 2002 opening Community tariff quotas for
2003 for sheep, goats, sheepmeat and goatmeat (2), as
amended by Regulation (EC) No 915/2003 (3), provides
for the right of importers to import products of the CN
code 0204 originating in the ACP countries under
country group 5 of the Annex to Regulation (EC) No
2366/2002 (GATT/WTO contingent), i.e. free of any ad
valorem and specific duties as from 1 January 2003.

The second subparagraph of Article 15 of Commission
Regulation (EC) No 1439/95 (4), as last amended by
Regulation (EC) No 272/2001 (5), provides that during
each of the first three quarters of each year,
import
licences referred to in its first subparagraph shall be
issued within the limits of one quarter of the quantities
referred to in the annual tariff quota regulation.

Article 16(4) and (5) of Regulation (EC) No 1439/95
provides for the procedure and, in particular, the time
periods to be applied in respect of the issuing of import
licences. Commission Regulation (EC) No 285/2003 of
14 February 2003 on the issue of import licences for
sheepmeat and goatmeat products under GATT-WTO
non-country-specific tariff quotas for the first quarter of
2003 (6) established the percentage of
the quantities
applied for to be accepted prior to the amendment of
Regulation (EC) No 2366/2002 by Regulation (EC) No
915/2003. The importers applying for the issuing of
import licences in respect of the first quarter of 2003
concerning products originating in one of
the ACP-
countries, Namibia, could not be given access to the
GATT/WTO contingents prior to that amendment.

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from the second subparagraph of Article
15 of Regulation (EC) No 1439/95, with regard to the first
quarter of 2003, import licences shall be issued to applicants
for import licences for products under CN code 0204 origi-
nating in Namibia under the same conditions as those fixed by
Articles 1 and 3 of Regulation (EC) No 285/2003, for the
import of such products from South Africa.

Article 2

1.
By way of derogation from Article 16(4) of Regulation
(EC) No 1439/95 the Commission shall, before 26 July 2003,
authorise the issuing of import licences for the first quarter of
2003 in respect of applications lodged during the first 10 days
of January 2003 for products under CN code 0204 originating
in Namibia in accordance with Article 1 of this Regulation.

2.
By way of derogation from Article 16(5) of Regulation
(EC) No 1439/95 licences referred to in paragraph 1 of this
Article shall be issued, at the latest, on 30 July 2003.

(1) OJ L 341, 22.12.2001, p. 3.
(2) OJ L 351, 28.12.2002, p. 73.
(3) OJ L 130, 27.5.2003, p. 5.
(4) OJ L 143, 27.6.1995, p. 7.
(5) OJ L 41, 10.2.2001, p. 3.
(6) OJ L 42, 15.2.2003, p. 28.

Article 3

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

L 185/4

EN

Official Journal of the European Union

24.7.2003

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

Done at Brussels, 23 July 2003.

For the Commission

Franz FISCHLER

Member of the Commission