Commission Regulation (EC) No 2012/2003 of 14 November 2003 correcting 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: 2003-11-14
Institutions: European Commission
Subjects: import, milk, tariff quota

15.11.2003

EN

Official Journal of the European Union

L 297/19

COMMISSION REGULATION (EC) No 2012/2003

of 14 November 2003

correcting 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,

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
1787/2003 (2), and in particular Article 29(1) thereof,

Whereas:

(1)

In order to implement the concessions provided for by
Council Decision 2003/263/EC of 27 March 2003 on
the signature and conclusion of a Protocol adjusting the
trade aspects of the European Agreement establishing an
association between the European Communities and
their Member States, of the one part, and the Republic
of Poland, of the other part, to take account of the
outcome of negotiations between the parties on new
mutual agricultural concessions (3), Commission Regula-
tion (EC) No 787/2003 (4) replaces, inter alia, point 1 of
part I.B of Annex I to Commission Regulation (EC) No
2535/2001 (5), as last amended by Regulation (EC) No
1157/2003 (6), with effect from 1 May 2003. On that
occasion, a reference to a footnote stating that importa-
tion under the quota is reserved for products not having
received any form of export subsidy in Poland, erro-
neously also referred to products not subject to that
condition. The condition should therefore be abolished
for the products concerned with effect
from 1 May
2003.

(2)

Following its last amendment, Regulation (EC) No 2535/
2001 now incorporates the implementing provisions
deriving from Council Decision 2003/465/EC (7), which
relates to the conclusion of an Agreement between the
Community and Norway concerning certain agricultural
products.

provided for in Title 2, Chapter III of Regulation (EC) No
2535/2001, by management on the basis of an import
licence alone as provided for in Chapter I of the said
Title 2.

That management is characterised by an approval proce-
dure which requires operators to submit approval appli-
cations by 1 April each year.

Regulation (EC) No 1157/2003 exempts operators from
the approval procedure for opening on 1 July 2003 the
first tranche of quotas for importation from Norway,
referred to in Annex I, part H, to Regulation (EC) No
2535/2001, given that it was no longer possible to meet
the 1 April deadline for submitting approval applica-
tions. For opening the second tranche of those quotas,
scheduled for January 2004, transitional approval proce-
dures should be laid down for the operators concerned.

Regulation (EC) No 2535/2001 should be corrected and
derogated from as a result.

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)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

In Annex I, part I.B, to Regulation (EC) No 2535/2001, point 1
shall be replaced by the text in the Annex to this Regulation.

(3)

The said Agreement relates, inter alia, to the replacement,
from 1 July 2003, of the quota management method,
previously based on issuing IMA 1 certificates as

Article 2

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 270, 21.10.2003, p. 121.
(3) OJ L 97, 15.4.2003, p. 53.
(4) OJ L 115, 9.5.2003, p. 18.
(5) OJ L 341, 22.12.2001, p. 29.
(6) OJ L 162, 1.7.2003, p. 19.
(7) OJ L 156, 25.6.2003, p. 48.

1.
By derogation from Article 8(1) of Regulation (EC) No
2535/2001, for the tariff quotas referred to in Annex I, part H,
of
the said Regulation, and opened on 1 January 2004,
approval shall be granted to any operator who submits by 1
December 2003 an approval application in accordance with
the procedures laid down in said Article.

L 297/20

EN

Official Journal of the European Union

15.11.2003

By derogation from Article 9 of Regulation (EC) No

2.
2535/2001:

(a) the competent authority shall inform approval applicants
for the quotas referred to in Annex I, part H, of the said
Regulation of the outcome of the approval procedure by
15 December 2003;

(b) the approval shall be valid for only six months.

By derogation from Article 10(1) of Regulation (EC) No

3.
2535/2001:

(a) Member States shall communicate to the Commission, by
20 December 2003, in accordance with paragraph 3 of the
said Article, the list of operators approved to take part in
the allocation of the quotas referred to in Annex I, part H,
of the said Regulation, opened on 1 January 2004;

(b) only the operators shown on the list referred to under
point (a) shall be authorised to submit licence applications
during the period 1 January to 30 June 2004 for the quotas
referred to in Annex I, part H, of the said Regulation,
opened on 1 January 2004.

Article 3

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

It shall apply from its date of entry into force except for Article
1, which shall apply from 1 May 2003.

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

Done at Brussels, 14 November 2003.

For the Commission

Franz FISCHLER

Member of the Commission

15.11.2003

EN

Official Journal of the European Union

L 297/21

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