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

15.12.2005 EN Official Journal of the European Union L 328/34
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 establishing the European Community,
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) The Protocols approved by 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 negotiations between the Parties on new mutual agricultural concessions (3), provide for concessions for certain pigmeat products imported under the tariff quotas opened in accordance with those Agreements.
(2) Council and Commission Decision 2005/430/EC, Euratom of 18 April 2005 on the conclusion of the Additional Protocol to 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 accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the 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 25 April 2005 on the conclusion of the Additional Protocol to 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 accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, 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.
(3) 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 should be defined, in accordance with Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (6).
(4) Licences should be issued after a period of consideration and should be subject, where applicable, to a uniform percentage reduction.
(5) In order to ensure proper management of the quantities, the expiry date for licences should be set at the end of each quota year.
(6) In order to ensure efficient management of the arrangements, the amount of the security for import licences under those arrangements should be fixed. In view of the risk of speculation inherent in the arrangements in the pigmeat sector, traders' access to the arrangements should be subject to compliance with specific conditions.
(7) In order to guarantee proper management of the arrangements, Member States should provide the 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 quantities between the Member States and the Commission.
(8) In order to guarantee a smooth transition to the new arrangements and, in particular, ensure that products falling under serial numbers 09.4752 and 09.4756 which are imported under licences as from 1 July 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 (7) and by Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (8).
(9) Following the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the 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 (9) now relate to only Bulgaria and Romania. It is necessary, therefore, to repeal Regulation (EC) 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.
(10) The annual quantities to be imported are set for periods beginning on 1 July.
(11) The Additional Protocols to the Europe Agreements with Bulgaria and Romania are to enter into force on the first day of the month following that in which the last instrument of approval is lodged.
(12) For Bulgaria, the date of entry into force of the Additional Protocol to the Europe Agreement is 1 July 2005. Provision should therefore be made for this Regulation to apply to Bulgaria from that date.
(13) For Romania, the date of entry into force of the Additional Protocol to the Europe Agreement is 1 August 2005. Provision should therefore be made for this Regulation to apply to Romania from that date.
(14) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat.