Commission Regulation (EC) No 664/2004 of 7 April 2004 laying down transitional measures as regards import licences for milk and milk products pursuant to Regulation (EC) No 2535/2001, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union
Date: 2004-04-07
Institutions: European Commission
Subjects: import licence, milk, milk product

L 104/106

EN

Official Journal of the European Union

8.4.2004

COMMISSION REGULATION (EC) No 664/2004

of 7 April 2004

laying down transitional measures as regards import licences for milk and milk products pursuant
to Regulation (EC) No 2535/2001, by reason of the accession of the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to the Treaty of Accession of
the Czech
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 paragraph of
Article 41, thereof,

Whereas:

(1)

(2)

Chapter I, Section 2, of Title 2 of Commission Regu-
lation (EC) No 2535/2001 of 14 December 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 (1) lays
down specific provisions on the approval of applicants
for import licences. In order to ensure access for opera-
tors from the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
(new Member States) to import licences as from the date
of accession of those countries to the European Union,
transitional measures should be adopted.

For the period 1 May to 30 June 2004, operators from
the new Member States should be allowed to apply for
import licences under the tariff quotas as referred to in
the Annexes to Regulation (EC) No 2535/2001 without
prior approval. They should prove their status and
regular activity as traders. As regards the requirement on
the proof of trade performance, the applicants in the
new Member States should be allowed to consider not
only trade with the Community but trade with all third
countries. They should have the opportunity to choose
as a reference year for the trade performance 2002
instead of 2003 if they can prove that they were not
able to import or export the required quantities of milk
products during 2003 as a result of exceptional circum-

(1) OJ L 341, 22.12.2001, p. 29. Regulation as last amended by Regu-

lation (EC) No 50/2004 (OJ L 7, 13.1.2004, p. 9).

stances. The new Member States authorities should by
to the Commission
15 May 2004 transmit a list
including all eligible operators. In order to enable each
applicant to be identified more easily, and to facilitate
the transfer of licences, the data to be forwarded for
each operator should be specified. Moreover, eligible
operators of the new Member States should be allowed
to purchase import licences.

(3)

(4)

(5)

For the period 1 July 2004 to 30 June 2005 operators
from the new Member States
should be approved
provided they submit a request before 1 June including
the necessary documents and information, or provided
they have been included in the list of eligible operators
to be transmitted to the Commission by 15 May 2004.

It is therefore necessary to provide for certain deroga-
tions from Regulation (EC) No 2535/2001.

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
By way of derogation from Chapter I, Section 2 of Title 2
of Regulation (EC) No 2535/2001, operators established in the
Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia (hereinafter ‘new Member
States’) may apply for import licences for the quotas covering
the period 1 May to 30 June 2004 without prior approval of
the competent authorities of the Member State in which they
are established.

2.
By way of derogation from Article 11 of Regulation (EC)
No 2535/2001, operators established in the new Member
States may apply for import licences for the quotas referred to
in paragraph 1 only in the Member State where they are estab-
lished.

8.4.2004

EN

Official Journal of the European Union

L 104/107

Licence applications shall be admissible only where the appli-
cant attaches the following documents:

The Commission shall forward these lists to the compe-

4.
tent authorities of the other Member States.

(a) proof

that

in 2003 the applicant has imported and/or
exported at least 25 tonnes of milk products covered by
Chapter 04 of the Combined Nomenclature in at least four
separate operations;

(b) any document and information adequately substantiating

the identity and status of the applicant, in particular:

(i) documents relating to business accounts and/or tax
arrangements drawn up in accordance with national
law; and

(ii) the VAT number, if provided for under national law;
(iii) the registration in the commercial register, if provided

for under national law.

In case of point (a) of the second subparagraph, the reference
year shall be 2002 if the importer concerned can prove that
he/she was not able to import or export the required quantities
of milk products during 2003 as a result of exceptional circum-
stances.

For the purposes of application of this paragraph, inward —
and outward — processing transactions shall not be considered
as imports and exports.

3.
The competent authorities of the new Member States
shall send to the Commission by 15 May 2004 lists of opera-
tors having applied for import licences for the quotas covering
the period 1 May to 30 June 2004 in accordance with para-
graph 1 and complying with the conditions laid down in para-
graph 2. These lists shall be established in accordance with the
model in Annex XIV to Regulation (EC) No 2535/2001, excep-
tion made of the approval number.

import

By way of derogation from Article 16(4) of Regulation
5.
(EC) No 2535/2001,
licences issued for the quotas
covering the period 1 May to 30 June 2004 may be transferred
only to natural or legal persons approved in accordance with
Section 2 of that regulation and to natural or legal persons
appearing on the lists referred to in paragraph 3.

Article 2

By way of derogation from Article 8 of Regulation (EC) No
2535/2001, for the quotas covering the period 1 July 2004 to
30 June 2005, approval shall be granted to:

(a) operators established in the new Member States who
submit, before 1 June 2004, a request to the competent
authorities of the Member State in which they are estab-
lished, together with the documents referred to in Article
1(2); or

(b) operators established in the new Member States who
submit, before 1 June 2004, a request to the competent
authorities of the Member State in which they are estab-
lished and who are included in the list referred to in Article
1(3).

Article 3

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

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

Done at Brussels, 7 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission