Commission Regulation (EC) No 607/2004 of 31 March 2004 providing for reallocation of import rights under Regulation (EC) No 1146/2003 and derogating from that Regulation
Date: 2004-03-31
Institutions: European Commission
Subjects: beef, customs duties, frozen product, import

L 97/42

EN

Official Journal of the European Union

1.4.2004

COMMISSION REGULATION (EC) No 607/2004

of 31 March 2004

providing for reallocation of import rights under Regulation (EC) No 1146/2003 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 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (1), and in particular Article 32(1) thereof,

(3)

(4)

Taking account of this error has resulted in an adminis-
trative delay. The deadlines for application and commu-
nication referred to in Article 9(4) should be extended
therefore.

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

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

Commission Regulation (EC) No 1146/2003 of 27 June
2003 opening and providing for the administration of
an import
intended for
tariff quota for frozen beef
processing (1 July 2003 to 30 June 2004) (2) provides
for the opening of a tariff quota from 1 July 2003 to 30
June 2004 for 50 700 tonnes of frozen beef intended for
processing. Article 9 of that Regulation provides for the
reallocation of unused quantities on the basis of the
actual utilisation of import rights for A-products and B-
products respectively by the end of February 2004.

Article 1

By derogation from Article 9 of Regulation (EC) No 1146/
2003, the competent Danish authority is hereby authorised to
allocate import rights for 72,199 tonnes of beef to the operator
who submitted an application for import rights for 225 tonnes
of beef but who, as a result of an error, was taken into consid-
eration in respect of 40 tonnes only under Article 5 of Regu-
lation (EC) No 1146/2003.

An operator submitted an application for import rights
for 225 tonnes of beef for the production of A-products
under Article 5(2) of Regulation (EC) No 1146/2003. As
a result of an administrative error by the competent
Danish authority, the application from that operator,
forwarded to the Commission in accordance with Article
5(3), concerned 40 tonnes only. The national administra-
tion discovered the error only on completion of the
procedure for the allocation of import rights referred to
in Article 5(4) and notified the Commission accordingly.
In order that the operator who submitted the application
correctly should not be put at a disadvantage, the neces-
sary measures should be taken to permit the competent
Danish authority to remedy the administrative error in
an appropriate way. Consequently, by derogation from
Article 9 of the above Regulation steps should be taken,
firstly,
to reduce the overall quantity established in
accordance with paragraph 1 of that Article by a quan-
tity corresponding to the difference between the import
rights which the operator could legitimately have hoped
to receive on the basis of his application and the import
rights which he actually received and, secondly,
to
provide that the competent Danish authority may allo-
cate import rights to the operator concerned on the
basis of
the application which he submitted under
Article 5 of Regulation (EC) No 1146/2003.

Article 2

1.
The quantities to be allocated in accordance with Article
9(1) of Regulation (EC) No 1146/2003 amount to 406,58
tonnes.

The breakdown referred to in Article 9(2) of Regulation

2.
(EC) No 1146/2003 shall be as follows:

— 321,20 tonnes intended for A-products,

— 85,38 tonnes intended for B-products.

Article 3

By derogation from Article 9(4) of Regulation (EC) No 1146/
2003, the date for application shall be 7 April 2004 and the
date for communication shall be 16 April 2004.

Article 4

(1) OJ L 160, 26.6.1999 p. 21. Regulation as last amended by Regu-

lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(2) OJ L 160, 28.6.2003, p. 59.

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

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Official Journal of the European Union

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

Done at Brussels, 31 March 2004.

For the Commission

Franz FISCHLER

Member of the Commission