Commission Regulation (EC) No 228/2004 of 3 February 2004 laying down transitional measures applicable to Regulation (EC) No 565/2002 by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
Date: 2004-02-03
Institutions: European Commission
Subjects: bulb vegetable, enlargement of the Union, import licence, tariff quota, transitional period (EU)

L 39/10

EN

Official Journal of the European Union

11.2.2004

COMMISSION REGULATION (EC) No 228/2004

of 3 February 2004

laying down transitional measures applicable to Regulation (EC) No 565/2002 by reason of the
accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

the Czech
Having regard to the Treaty of Accession of
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia, and in particular Article 2(3)
thereof,

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular the first subparagraph
of Article 41 thereof,

Whereas:

(1)

(2)

(3)

(4)

Transitional measures should be laid down in order to
from the Czech Republic, Estonia,
allow importers
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia (hereinafter referred to as the new
Member States), to benefit from the provisions contained
in Regulation (EC) No 565/2002 Commission Regu-
lation (EC) No 565/2002 of 2 April 2002 establishing
the method for managing tariff quotas and introducing a
system of certificates of origin for garlic imported from
third countries (1).

Arrangements should be laid down for the year 2004 to
ensure that, as from the date of Accession, a distinction
between traditional importers and new importers from
new Member States is made in compliance with Regu-
lation 565/2002.

The definition of ‘reference quantity’ in Article 2(d) of
Regulation (EC) No 565/2002 should be adapted so that
importers from the new Member States may benefit
from the system.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Fresh Fruit and Vegetables,

2.

‘new Member States’
shall mean the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia.

Article 2

By way of derogation from Article 2(b) of Regulation (EC) No
565/2002, and only for the new Member States,
‘importers’
shall mean operators, natural or legal persons, individuals or
groups whose residence or head office is located in one of the
new Member States, having imported in at least one of the
previous two calendar years and from countries other than the
current Member States or the new Member States, at least 50
tonnes per year of fruit and vegetables as referred to in Article
1(2) of Regulation (EC) No 2200/96 (2).

Article 3

By way of derogation from Article 2©) of Regulation (EC) No
565/2002 and only for the new Member States,
‘traditional
importers’ shall mean importers who have imported garlic into
the current Member States or the new Member States in at least
two of the three previous import periods, from origins other
than the current or the new Member States.

Article 4

By way of derogation from Article 2(d) of Regulation (EC) No
565/2002 and only for the new Member States,
‘reference
quantity’ shall mean the maximum quantity of annual imports
of garlic carried out by a traditional importer, from countries
other than the new Member States or the current Member
States, during the three import periods preceding that
for
which a licence application has been presented.

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation:

1.

‘current Member States’ shall mean the Member States of the
Community as constituted on 30 April 2004;

Article 5

This Regulation shall enter into force on 1 May 2004 subject
to the entry into force of the Treaty of Accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia.

(1) OJ L 86, 3.4.2002, p. 11.

(2) OJ L 297, 21.11.1996, p. 1.

11.2.2004

EN

Official Journal of the European Union

L 39/11

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

Done at Brussels, 3 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission