Commission Regulation (EC) No 2108/2004 of 10 December 2004 amending Commission Regulation (EC) No 1420/2004 determining the extent to which applications for import rights lodged in respect of the quota for frozen meat of bovine animals, provided for in Regulation (EC) No 1203/2004, can be accepted and providing for the administrative rules for the allocation of certain import rights
Date: 2004-12-10
Institutions: European Commission
Subjects: CCT duties, beef, frozen product, import, tariff quota

11.12.2004

EN

Official Journal of the European Union

L 366/3

COMMISSION REGULATION (EC) No 2108/2004

of 10 December 2004

amending Commission Regulation (EC) No 1420/2004 determining the extent to which applications
for import rights lodged in respect of the quota for frozen meat of bovine animals, provided for in
Regulation (EC) No 1203/2004, can be accepted and providing for the administrative rules for the
allocation of certain import rights

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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),

Having regard to Commission Regulation (EC) No 1203/2004
of 29 June 2004 opening and providing for the administration
of a tariff quota for frozen meat of bovine animals covered by
CN code 0202 and products covered by CN code 0206 29 91
(1 July 2004 to 30 June 2005) (2), and in particular Article 5
thereof,

Whereas:

(1)

(2)

(3)

the quantity of

Article 1 of Regulation (EC) No 1203/2004 fixes at
53 000 tonnes
the
products covered by CN code 0202 and products
covered by the CN code 0206 29 91 in respect of
which Community importers can lodge an application
for import rights.

the quota for

As the import rights applied for exceeded the available
quantity referred to in Article 1 of Regulation (EC) No
1203/2004, the reduction coefficient of the import rights
applied for was fixed under Article 1 of Commission
Regulation (EC) No 1420/2004 (3),
in accordance with
Article 5 of Regulation (EC) No 1203/2004.

the

the publication of

abovementioned
Following
reduction coefficient, the Commission was informed by
the United Kingdom and Malta that
their communi-
cations to the Commission of applications for import
rights in accordance with Article 4(2) of Regulation
1203/2004 included certain administrative errors with
regard to the reference quantities referred to in Article
3 of that Regulation on the basis of which the level of
the rights of access of operators to the quota has to be
determined.

(1) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by
L 328,

(EC) No 1899/2004 (OJ

Commission Regulation
30.10.2004, p. 67).

(2) OJ L 230, 30.6.2004, p. 27.
(3) OJ L 258, 5.8.2004, p. 16.

(4)

(5)

(6)

(7)

(8)

Setting off quantities overdeclared on the one hand
against quantities underdeclared on the other leads to a
higher coefficient by which applications for import rights
can be accepted.

Consequently,
the reduction coefficient referred to in
Article 5 of Regulation (EC) No 1203/2004 shall be
recalculated on the basis of
corrected overall
reference quantity.

the

Regulation (EC) No 1420/2004 should be amended
accordingly.

The level of import rights for each operator who applied
under Regulation (EC) No 1203/2004 should, however,
only be recalculated on the basis of this new coefficient
in case the operator is still interested in receiving a higher
amount of rights. The appropriate rules, therefore, need
to be established.

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 1 of Regulation (EC) No 1420/2004 is replaced by the
following:

‘Article 1

Each application for import rights lodged in accordance
with Article 4(1) of Regulation (EC) No 1203/2004 shall
be accepted at a rate of 14,96825 % of the import rights
applied for.’

Article 2

An increased amount of import rights which results from a
recalculation of such rights on the basis of
the coefficient
fixed in Article 1 shall only be allocated on request of the
operator concerned. Prior to attributing the increased amount
of import rights, the operator concerned shall, together with the
request,
lodge a security for the quantities concerned to be
calculated by way of application mutatis mutandis of Article
6(1) of Regulation (EC) No 1203/2004.

Article 3

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

L 366/4

EN

Official Journal of the European Union

11.12.2004

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

Done at Brussels, 10 December 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission