Commission Regulation (EC) No 2040/2005 of  14 December 2005  laying down rules of application in the pigmeat sector for the import arrangements provided for in the Europe Agreements with Bulgaria and Romania
Date: 2005-12-14
Institutions: European Commission
Subjects: Bulgaria, Romania, import, import licence, pigmeat, tariff exemption, tariff quota

L 328/34

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Official Journal of the European Union

15.12.2005

COMMISSION REGULATION (EC) No 2040/2005

of 14 December 2005

laying down rules of application in the pigmeat sector for the import arrangements provided for in
the Europe Agreements with Bulgaria and Romania

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 2759/75 of
29 October 1975 on the common organisation of the market
in pigmeat (1), and in particular Article 8(2) thereof,

Whereas:

(1)

(2)

by

Protocols

approved

The
Council Decision
2003/286/EC of 8 April 2003 concerning the conclusion
of a Protocol adjusting the trade aspects of the Europe
Agreement
establishing an association between the
European Communities and their Member States, of the
one part, and the Republic of Bulgaria, of the other part,
to take account of the outcome of negotiations between
the Parties on new mutual agricultural concessions (2)
and Council Decision 2003/18/EC of 19 December
2002 on the conclusion of a Protocol adjusting the
trade aspects of the Europe Agreement establishing an
association between the European Communities and
their Member States, of the one part, and Romania, of
the other part, to take account of the outcome of nego-
tiations between the Parties on new mutual agricultural
concessions (3), provide
for
certain
for
the tariff quotas
imported under
pigmeat products
opened in accordance with those Agreements.

concessions

and Commission Decision

2005/430/EC,
Council
Euratom of 18 April 2005 on the conclusion of the
Additional Protocol
to the Europe Agreement estab-
lishing an association between the European Commu-
nities and their Member States, of the one part, and
to take
the Republic of Bulgaria, of
the
account of
the accession of
the
Republic of Estonia,
the
Republic of Latvia,
the
Republic of Hungary,
Republic of Poland, the Republic of Slovenia and the
Slovak Republic to the European Union (4), and Council
and Commission Decision 2005/431/EC, Euratom of
the Additional
25 April 2005 on the conclusion of

the other part,
the Czech Republic,
the Republic of Cyprus,
the Republic of Lithuania,
the Republic of Malta,

(1) OJ L 282, 1.11.1975, p. 1. Regulation last amended by Regulation

(EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2) OJ L 102, 24.4.2003, p. 60.
(3) OJ L 8, 14.1.2003, p. 18.
(4) OJ L 155, 17.6.2005, p. 1.

to take account of

Protocol to the Europe Agreement establishing an asso-
ciation between the European Communities and their
Member States, of the one part, and Romania, of the
other part,
the
Czech Republic, the Republic of Estonia, the Republic
the Republic of
of Cyprus,
Lithuania,
the Republic of
Malta, the Republic of Poland, the Republic of Slovenia
and the Slovak Republic to the European Union (5),
provide for additional concessions as regards pigmeat
products.

the Republic of Latvia,
the Republic of Hungary,

the accession of

The arrangements should be managed by means of
import licences, and detailed rules on the submission
of applications and the particulars which are to appear
on applications and licences
in
accordance with Commission Regulation (EC) No
1291/2000 of 9 June 2000 laying down common
detailed rules
the system of
import and export licences and advance fixing certificates
for agricultural products (6).

should be defined,

the application of

for

Licences should be issued after a period of consideration
and should be subject, where applicable, to a uniform
percentage reduction.

In order to ensure proper management of the quantities,
the expiry date for licences should be set at the end of
each quota year.

to ensure

the amount of

efficient management of

the
In order
arrangements,
the security for import
licences under those arrangements should be fixed. In
view of
in the
arrangements in the pigmeat sector, traders' access to
the arrangements should be subject to compliance with
specific conditions.

speculation inherent

risk of

the

to guarantee proper management of
should provide

the
In order
arrangements, Member
the
States
Commission with precise information on the quantities
actually imported. For reasons of clarity, a single form is
to be used for the transmission of information on quan-
tities between the Member States and the Commission.

(3)

(4)

(5)

(6)

(7)

(5) OJ L 155, 17.6.2005, p. 26.
(6) OJ L 152, 24.6.2000, p. 1. Regulation last amended by Regulation

(EC) No 1856/2005 (OJ L 297, 15.11.2005, p. 7).

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(8)

(9)

In order to guarantee a smooth transition to the new
in particular, ensure that products
arrangements and,
serial numbers 09.4752 and 09.4756
falling under
which are imported under
from 1 July
licences as
2005 in the context of the additional Protocols benefit
from the lowering of customs duty to 0 %, provision
should be made for refunding the amounts paid in
excess, in accordance with the conditions laid down in
Council Regulation (EEC) No 2913/92 of 12 October
1992 establishing the Community Customs Code (1)
and by Commission Regulation (EEC) No 2454/93 of
2 July 1993 laying down provisions for the implemen-
tation of Council Regulation (EEC) No 2913/92 estab-
lishing the Community Customs Code (2).

the Czech Republic,
the Republic of Cyprus,
the Republic of Lithuania,
the Republic of Malta,

Following the accession of
the
Republic of Estonia,
the
Republic of Latvia,
the
the
Republic of Hungary,
Republic of Poland, the Republic of Slovenia and the
Slovak Republic to the European Union, Commission
Regulation (EC) No 1898/97 of 29 September 1997
laying down rules of application in the pigmeat sector
for the arrangements covered by the Europe Agreements
with Bulgaria, the Czech Republic, the Slovak Republic,
Romania, the Republic of Poland and the Republic of
Hungary (3) now relate to only Bulgaria and Romania.
to repeal Regulation (EC)
It
No 1898/97 and adopt a new Regulation laying down
detailed rules for applying the trade aspects of the Europe
Agreements with those two countries in the pigmeat
sector.

is necessary,

therefore,

HAS ADOPTED THIS REGULATION:

Article 1

licences

Import
into the
shall be presented for
Community from Bulgaria or Romania of products falling
under serial numbers 09.4671, 09.4752 and 09.4756, as
referred to in Annex I hereto, under the arrangements laid
down by Decisions 2003/286/EC and 2005/430/EC and by
Decisions 2003/18/EC and 2005/431/EC.

imports

The annual quantities of products eligible for the arrangements
and the reduced rate of customs duty established by the
Common Customs Tariff are laid down in Annex I for each
tariff quota with a serial number appearing in that Annex.

Article 2

The annual quantities referred to in Article 1 shall be spread
over four periods as follows:

(a) 25 % from 1 July to 30 September,

(b) 25 % from 1 October to 31 December,

(10)

The annual quantities to be imported are set for periods
beginning on 1 July.

(c) 25 % from 1 January to 31 March,

(11)

(12)

(13)

The Additional Protocols to the Europe Agreements with
Bulgaria and Romania are to enter into force on the first
day of
in which the last
instrument of approval is lodged.

the month following that

(d) 25 % from 1 April to 30 June.

Article 3

For Bulgaria, the date of entry into force of the Addi-
tional Protocol to the Europe Agreement is 1 July 2005.
Provision should therefore be made for this Regulation to
apply to Bulgaria from that date.

1.
Applications for import licences may be presented only by
natural or legal persons who, at the time of lodging the appli-
cation, are able to prove to the satisfaction of the competent
authorities of the Member States that they have been engaged in
trade in pigmeat with third countries for at least twelve months.

For Romania, the date of entry into force of the Addi-
tional Protocol to the Europe Agreement is 1 August
2005. Provision should therefore be made for this Regu-
lation to apply to Romania from that date.

However, retail or catering establishments selling their products
to the final consumer shall be ineligible for the arrangements
referred to in Article 1.

(14)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Pigmeat.

Licence applications shall mention only one of the serial

2.
numbers referred to in Annex I.

(1) OJ L 302, 19.10.1992, p. 1. Regulation last amended by Regulation
(EC) No 648/2005 of the European Parliament and of the Council
(OJ L 117, 4.5.2005, p. 13).

(2) OJ L 253, 11.10.1993, p. 1. Regulation last amended by Regulation

(EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).

(3) OJ L 267, 30.9.1997, p. 58. Regulation last amended by Regulation

(EC) No 1467/2003 (OJ L 210, 20.8.2003, p. 11).

Licence applications may cover several products falling under
different Combined Nomenclature codes and originating in a
single country. In such cases, all the Combined Nomenclature
codes and the relevant descriptions shall be entered in boxes 16
and 15 of the application respectively.

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Licence applications shall be for a minimum of 1 tonne and a
maximum of 25% of the quantity available under the serial
number concerned during one of the quarters referred to in
Article 2.

Licences shall be issued as soon as possible after the
taken a decision in accordance with

2.
Commission has
paragraph 1.

3.
Box 8 of the licence application and the licence shall show
the country of origin. Licences are valid only for imports of
products originating in that country.

Box 20 of the licence application and the licence shall

4.
contain one of the references appearing in Annex II.

Box 24 of the licence shall contain one of the references

5.
appearing in Annex III.

Article 4

Licence applications may be lodged only in the first seven
the month preceding each period referred to in

1.
days of
Article 2.

2.
Licence applications shall be admissible only if applicants
declare in writing that they have not lodged and will not lodge,
for the relevant period as referred to in Article 2, other appli-
cations for products falling under the same serial number in the
Member State where the application is lodged or in another
Member State. If applicants lodge more than one application
for products coming under the same serial number, none of
their applications shall be admissible.

3. Member States shall notify the Commission, on the third
working day following the end of the period for lodging appli-
cations, of the applications lodged for each of the products
falling under the serial numbers in question. Such notification
shall
include a list of the applicants and a summary of the
quantities for each serial number.

shall be made by electronic mail or

Notifications
fax in
accordance with the specimen in Annex IV if no applications
have been lodged, or in accordance with the specimens in
Annexes IV and V if applications have been lodged.

Article 5

The Commission shall decide as soon as possible to what

1.
extent the licence applications can be granted.

The

3.
Community.

licences

issued shall be valid throughout

the

Article 6

Member States shall notify the Commission, before the end of
the fourth month following each annual period referred to in
Annex I, of the quantities actually imported under this Regu-
lation during the period in question.

Notifications,
including those indicating that no imports have
taken place, shall be made in accordance with the specimen in
Annex VI.

Article 7

For the purposes of Article 23(2) of Regulation (EC)
import licences shall be valid for 150 days

1.
No 1291/2000,
from their actual date of issue.

They shall however expire on 30 June of the year in which they
were issued.

Import licences issued under this Regulation shall not be

2.
transferable.

Article 8

Security of EUR 20 per 100 kilograms shall be lodged against
applications for import licences.

Article 9

The provisions of Regulation (EC) No 1291/2000 shall be
applicable except as otherwise provided by this Regulation.

By way of derogation from Article 8(4) of Regulation (EC)
1291/2000, quantities imported under this Regulation shall
not exceed the amount indicated in boxes 17 and 18 of the
import licence. To that end ‘0’ shall be entered in box 19 of the
licence.

Article 10

the quantities

If
in respect of which licences have been
requested exceed those available, the Commission shall set a
single acceptance percentage for the quantities requested.

The rules of origin applicable to imports under this Regulation
the Europe
shall be those provided for
in Protocol 4 of
Agreement with Bulgaria and in Protocol 4 of
the Europe
Agreement with Romania.

If
the overall quantity for which applications have been
submitted is less than the quantity available, the Commission
shall calculate the residual quantity, which shall be added to the
quantity available for the following period specified in Article 2.

Article 11

The duties exceeding the amount legally due booked to account
since 1 July 2005 shall be reimbursed or returned.

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To this end interested parties are hereby invited to lodge appli-
cations in accordance with Article 236 of Regulation (EEC)
No 2913/92 establishing the Community Customs Code and
with the relevant implementing provisions contained in Regu-
lation (EEC) No 2454/93.

Quantities which are provided for the periods from 1 July to 30
September 2005, from 1 October to 31 December 2005 and
from 1 January to 31 March 2006 under this Regulation and
were not allocated under Regulation (EC) No 1898/97 shall be
added to the quantity available for the period from 1 April to
30 June 2006.

Article 12

Regulation (EC) No 1898/97 is hereby repealed as from 1 July
2005.

Article 13

It shall, however, continue to apply to imports from Romania
until 31 July 2005.

Licences issued under Regulation (EC) No 1898/97 for use
during the periods from 1 July to 30 September 2005, from
1 October to 31 December 2005 and from 1 January to 31
March 2006 shall be valid for the same periods under this
Regulation.

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

It shall apply to imports from Bulgaria as from 1 July 2005.

It shall apply to imports from Romania as from 1 August 2005.

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

Done at Brussels, 14 December 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

A. PRODUCTS ORIGINATING IN BULGARIA

Duty
applicable
(% of MFN)

Annual
quantity
from 1.7.2005
to 30.6.2006
(tonnes)

Annual
increase as
from 1.7.2006
(tonnes)

Specific
provisions

Exemption

4 400

500

(2) (3)

Serial No

CN Code

Description (1)

09.4671

ex 0203

0210 11
0210 12
0210 19

Meat of domestic swine, fresh,
chilled or frozen

Meat of swine, salted or in
brine, dried or smoked

1601 00

Sausages and similar products

1602 41
1602 42
1602 49

Prepared or preserved meat,
meat offal or blood of swine

B. PRODUCTS ORIGINATING IN ROMANIA

Serial No

CN Code

Description (1)

Duty
applicable
(% of MFN)

Annual
quantity
from 1.7.2005
to 30.6.2006
(tonnes)

Annual
increase as
from 1.7.2006
(tonnes)

Specific
provisions

Preserved meat of domestic
swine

Exemption

2 125

0

09.4752

1602 41 10
1602 42 10
1602 49 11
1602 49 13
1602 49 15
1602 49 19
1602 49 30
1602 49 50

09.4756

ex 0203

0210 11
0210 12
0210 19

Meat of domestic swine, fresh,
chilled or frozen

Meat of swine, salted or in
brine, dried or smoked

Exemption

15 625

0

(3)

(1) By way of derogation from the rules on the interpretation of the Combined Nomenclature, the wording of the description of the
products shall be considered as having no more than indicative value, the preferential scheme being determined, within the context of
this Annex, by the coverage of the CN code. Where ex CN codes are indicated, the preferential scheme shall be determined by
application to the CN code and corresponding description taken together.

(2) This concession shall apply only to products not benefiting from any kind of export subsidy.
(3) Excluding tenderloin presented alone.

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ANNEX II

Entries referred to in Article 3(4)

— In Spanish:

Reglamento (CE) no 2040/2005

— In Czech:

Nařízení (ES) č. 2040/2005

— In Danish:

— In German:

Forordning (EF) nr. 2040/2005

Verordnung (EG) Nr. 2040/2005

— In Estonian:

Määrus (EÜ) nr 2040/2005

— In Greek:

Κανονισμός (ΕΚ) αριθ. 2040/2005

— In English:

— In French:

— In Italian:

— In Latvian:

Regulation (EC) No 2040/2005

Règlement (CE) no 2040/2005

Regolamento (CE) n. 2040/2005

Regula (EK) Nr. 2040/2005

— In Lithuanian: Reglamentas (EB) Nr. 2040/2005

— In Hungarian: 2040/2005/EK rendelet

— In Maltese:

— In Dutch:

Regolament (KE) Nru 2040/2005

Verordening (EG) nr. 2040/2005

— In Polish:

Rozporządzenie (WE) nr 2040/2005

— In Portuguese: Regulamento (CE) n.o 2040/2005

— In Slovak:

Nariadenie (ES) č. 2040/2005

— In Slovene:

Uredba (ES) št. 2040/2005

— In Finnish:

— In Swedish:

Asetus (EY) N:o 2040/2005

Förordning (EG) nr 2040/2005

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ANNEX III

Entries referred to in Article 3(5)

— In Spanish:

Reducción del derecho de aduana en virtud del Reglamento (CE) no 2040/2005

— In Czech:

Snížení cla stanovené nařízením (ES) č. 2040/2005

— In Danish:

— In German:

Nedsættelse af importafgiften jf. forordning (EF) nr. 2040/2005

Ermäßigung des Zollsatzes nach dem GZT gemäß Verordnung (EG) Nr. 2040/2005

— In Estonian:

Tollimaksu vähendamine vasatavalt määrusele (EÜ) nr 2040/2005

— In Greek:

Μείωση του δασμού όπως προβλέπεται στον κανονισμό (ΕΚ) αριθ. 2040/2005

— In English:

Customs duty reduction as provided for in Regulation (EC) No 2040/2005

— In French:

Réduction du droit de douane comme prévu au règlement (CE) no 2040/2005

— In Italian:

Riduzione del dazio doganale a norma del regolamento (CE) n. 2040/2005

— In Latvian:

Regulā (EK) Nr. 2040/2005 paredzētais muitas nodokļa pazeminājums

— In Lithuanian: Reglamente (EB) Nr. 2040/2005 numatytas muito sumažinimas

— In Hungarian: Csökkentett vám az 2040/2005/EK rendeletnek megfelelően

— In Maltese:

— In Dutch:

Tnaqqis tad-dazju tad-Dwana kif ipprovdut fir-Regolament (KE) Nru 2040/2005

Douanerecht verlaagd overeenkomstig Verordening (EG) nr. 2040/2005

— In Polish:

Obniżka cła przewidziana w rozporządzeniu (WE) nr 2040/2005

— In Portuguese: Redução do direito aduaneiro conforme previsto no Regulamento (CE) n.o 2040/2005

— In Slovak:

Zníženie cla v zmysle nariadenia (ES) č. 2040/2005

— In Slovene:

Znižanje carin, kakor je predvideno v Uredbi (ES) št. 2040/2005

— In Finnish:

— In Swedish:

Tullialennus, josta on säädetty asetuksessa (EY) N:o 2040/2005

Nedsättning av tullavgiften enligt förordning (EG) nr 2040/2005

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ANNEX IV

Application of Regulation (EC) No 2040/2005

EUROPEAN COMMISSION

Addressee: DG AGRI/D/2 — e-mail: AGRI-IMP-PORK@cec.eu.int or fax: +32 2 2921739

Import licence application

Date

Period

Member State:

Consignor:

Contact person:

Telephone:

Fax:

Serial No

09.4671

09.4752

09.4756

Quantity requested

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ANNEX V

Application of Regulation (EC) No 2040/2005

EUROPEAN COMMISSION
Addressee: DG AGRI/D/2 — e-mail: AGRI-IMP-PORK@cec.eu.int or fax: +32 2 292 17 39

Import licence application

Date

Period

Member State:

Serial No

CN Code

Applicant
(name and address)

Quantity

Country of origin

(tonnes)

09.4671

Total

Serial No

CN Code

Applicant
(name and address)

Quantity

Country of origin

(tonnes)

09.4752

Total

Serial No

CN Code

Applicant
(name and address)

Quantity

Country of origin

(tonnes)

09.4756

Total

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ANNEX VI

Notification of quantities actually imported

Member State:

........................................................................................................................................................................................................

Application of second paragraph of Article 6 of Regulation (EC) No 2040/2005

Quantities of products actually imported:

....................................................................................................................................................

EUROPEAN COMMISSION
Addressee: DG AGRI/D/2 — e-mail: AGRI-IMP-PORK@cec.eu.int or fax: +32 2 2921739

Serial No

Quantity actually imported

Country of origin