Commission Regulation (EC) No 748/2004 of 22 April 2004 amending 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: 2004-04-22
Institutions: European Commission
Subjects: import policy, milk, tariff quota

23.4.2004

EN

Official Journal of the European Union

L 118/3

COMMISSION REGULATION (EC) No 748/2004

of 22 April 2004

amending Regulation (EC) No 2535/2001 laying down detailed rules for applying Council Regu-
lation (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), and in particular Article 26(3) and
Article 29(1) thereof,

Whereas:

(1)

(2)

(3)

The second subparagraph of Article 13(2) of Commis-
sion Regulation (EC) No 2535/2001 lays down that in
the case of the quotas for which the number of licence
applications is limited, licence applications may relate to
quantities equal to the quantity available for each period.
Experience shows that this is the case for the quotas
referred to in Annex I(F) to Regulation (EC) No 2535/
2001.

Under the bilateral agreement concluded between the
European Community and the Swiss Confederation,
approved by Decision 2002/309/EC, Euratom of
the
Council and of the Commission (2), certain Swiss cheeses
qualify for reduced customs duty on importation into
the Community where they meet certain conditions
regarding composition and maturation time. The Swiss
authorities have requested a change to the description of
certain cheeses following an amendment to the specifica-
tion of
those cheeses. The description contained in
Commission Regulation (EC) No 2535/2001 (3) should
therefore be amended accordingly.

Chapter I of Title 2 of Regulation (EC) No 2535/2001
concerns quotas allocated on the basis of two six-month
periods in January and July each year. In view of enlarge-
ment on 1 May 2004, Commission Regulation (EC) No
50/2004 provides
to be
special
opened in May 2004 to enable operators in the new
Member States to participate in the Community quotas
from that date.

import quotas

for

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p.
6).

(2) OJ L 114, 30.4.2002, p. 1.
(3) 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).

(4)

(5)

(6)

(7)

Article 14(1) of Regulation (EC) No 2535/2001 stipu-
lates that licence applications may be lodged only during
the first 10 days of each six-month period. So that Regu-
lation (EC) No 50/2004 can be implemented,
there
should be a derogation from the said Article and provi-
sion should be made for the period for lodging applica-
tions to run from 1 May to 10 May 2004.

Article 16(3) of Regulation (EC) No 2535/2001 lays
down that the period of validity of licences may not
extend beyond the end of the import year for which the
licence is issued. Application of this provision would
make licences issued in May 2004 expire on 30 June
2004 and might
in licences not being used
because the period of their validity was too short. There
should therefore be a derogation from the said Article,
specifying a period of validity of 150 days from the date
of issue of the licences.

result

Regulation (EC) No 2535/2001 should be amended
accordingly and provision should be made for a deroga-
tion therefrom.

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2535/2001 is hereby amended as follows:

(a) The second subparagraph of Article 13(2) is replaced by

the following:

‘However, in the case of the quotas referred to in Article
5(c), (d), (e), (f), (g) and (h), licence applications shall relate
to at least 10 tonnes and to no more than the quantity
available for each period.’

(b) In Annex II.D to that Regulation, the description relating to
CN code ex 0406 90 18 is replaced by the Annex to this
Regulation.

L 118/4

EN

Official Journal of the European Union

23.4.2004

Article 2

1.
By way of derogation from Article 14(1) of Regulation (EC) No 2535/2001, import licence applica-
tions may be lodged from 1 May to 10 May 2004 for the quotas for the period 1 May 2004 to 30 June
2004 referred to in Annex I.A, points 5 and 6 of Annex I.B, Annex I.F and Annex I.H.

By way of derogation from Article 16(3) of Regulation (EC) No 2535/2001, the period of validity of
2.
licences issued in connection with the quotas referred to in paragraph 1 may extend beyond the end of the
import year for which the licence is issued. The licences shall be valid for 150 days from their actual date
of issue.

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

Article 3

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

Done at Brussels, 22 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

‘ex 0406 90 18

Fromage fribourgeois (3), Vacherin Mont d'Or, Tête de moine of a fat
content by weight of 45 % or more in the dry matter and matured:
— for at least two months in the case of fromage fribourgeois,
— for at least 17 days in the case of Vacherin Mont d'Or,
— for at least 75 days in the case of Tête de moine.

exemption’