Commission Regulation (EC) No 787/2003 of 8 May 2003 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

Commission Regulation (EC) No 787/2003
of 8 May 2003
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
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), as last amended by Commission Regulation (EC) No 509/2002(2), and in particular Article 29(1) thereof,
Whereas:
(1) Commission Regulation (EC) No 2535/2001(3), as last amended by Regulation (EC) No 2302/2002(4), lays down, inter alia, detailed rules for the application to milk and milk products of the import arrangements provided for in the Europe Agreements between the Community and its Member States, of the one part, and certain Central and East European countries, of the other part. In order to implement the concessions provided for by Council Decisions 2003/263/EC(5), 2003/298/EC(6) and 2003/299/EC(7) on the conclusion of Protocols adjusting the trade aspects of the Europe Agreements establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland, the Czech Republic and the Slovak Republic, of the other part, the new import tariff quotas should be opened and certain existing quotas should be increased.
(2) Since the import quotas provided for by Regulation (EC) No 2535/2001 are normally opened only on 1 July and 1 January, provision should be made for a new period for submitting import licence applications, from 1 to 25 May 2003, and for a derogation from Articles 6, 12, 14 and 16 of that Regulation.
(3) Council Decision 2003/18/EC(8), which approved the 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other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions, repealed Regulation (EC) No 2435/2000. The references made to that Regulation in Regulation (EC) No 2535/2001 should, therefore, be replaced.
(4) Council Regulation (EC) No 2286/2002(9), which lays down the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States), repealed Regulation (EC) No 1706/98. The references made to that Regulation in Regulation (EC) No 2535/2001 should, therefore, be replaced.
(5) The first subparagraph of Article 12 of Regulation (EC) No 2535/2001 lays down that importers may lodge only one licence application each for the same quota. An exception is made for quotas for products originating in the Czech Republic and Slovakia, where quota numbers are identical since the two countries were previously one country. The quota numbers for those two countries are to be differentiated from 1 May 2003. That exception should consequently be abolished.
(6) Council Regulation (EC) No 312/2003 of 18 February 2003 implementing for the Community the tariff provisions laid down in the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part(10), provides for quota No 09.1924 to be managed on a "first come, first served" basis, in accordance with Articles 308a to 308c of 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(11), as last amended by Commission Regulation (EC) No 444/2003(12). Arrangements should be laid down for import licences in cases where quotas are managed in this way.
(7) Regulation (EC) No 2535/2001 should be amended accordingly.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,