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Commission Regulation (EC) No 462/2003 of 13 March 2003 laying down detailed rules for the application of the arrangements applicable to imports of certain pigmeat products originating in the ACP States and repealing Regulation (EC) No 2562/98

Commission Regulation (EC) No 462/2003 of 13 March 2003 laying down detailed rules for the application of the arrangements applicable to imports of certain pigmeat products originating in the ACP States and repealing Regulation (EC) No 2562/98

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), as last amended by Regulation (EC) No 1365/2000(2), and in particular Articles 8 and 22 thereof,

Having regard to Council Regulation (EC) No 2286/2002 of 10 December 2002 on 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) and repealing Regulation (EEC) No 1706/98(3), and in particular Article 5 thereof,

Whereas:

  1. Regulation (EC) No 2286/2002 implements the amendments to the arrangements for imports from the ACP States made as a result of the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000(4). Article 1(3) of that Regulation introduces, for the products in Annex I thereto, general arrangements for reducing customs duties and specific arrangements for reducing customs duties, within the framework of the tariff quotas, for certain products in Annex II thereto.

  2. As a result of these new import arrangements, detailed rules of application should be laid down for the issue of import licences for products qualifying for reduced duties. Commission Regulation (EC) No 2562/98 of 27 November 1998 laying down detailed rules for the application of the arrangements applicable to imports of certain pigmeat products originating in the ACP States and repealing Regulation (EEC) No 904/90(5), as amended by Regulation (EC) No 1006/2001(6), should therefore be repealed.

  3. For the purposes of managing the tariff import quotas, the general rules laid down by 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(7), as amended by Regulation (EC) No 2299/2001(8), should be applied where this Regulation does not lay down specific rules.

  4. In order to ensure proper administration of the quotas, a security should be required for applications for import licences and certain conditions should be laid down as regards applicants themselves. The quotas should also be staggered over the year and the term of validity of licences should be specified.

  5. To allow optimum management of the tariff quota, this Regulation should apply from 1 January 2003.

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

HAS ADOPTED THIS REGULATION:

Article 1

1.

All imports into the Community within the framework of Regulation (EC) No 2286/2002 of products covered by CN codes listed in Annex I to this Regulation shall qualify for reduced customs duties on presentation of an import licence.

2.

Commission Regulations (EC) Nos 1291/2000(9) and 1301/2006(10) shall apply, save as otherwise provided for in this Regulation.

3.

The quantity of products benefiting from the above arrangements and the rate of customs duty are fixed in Annex I hereto.

Article 2

The quantity fixed in part B of Annex I shall be divided into the following subperiods in the import tariff quota period:

  • 25 % in the period 1 January to 31 March,

  • 25 % in the period 1 April to 30 June,

  • 25 % in the period 1 July to 30 September,

  • 25 % in the period 1 October to 31 December.

Article 3

1.

Notwithstanding Article 5 of Regulation (EC) No 1301/2006, retail establishments or restaurants selling their products to final consumers shall be excluded from the reduction in customs duties referred to in Article 1(1) of this Regulation and may not submit import licence applications to this end.

2.

Import licence applications may mention only one of the serial numbers referred to in Annex I. They may involve several products covered by different combined nomenclature (CN) codes. In such cases, all the CN codes shall be indicated in section 16 and their description in section 15 of licence applications and licences.

Applications must be for a minimum of one tonne and a maximum of 100 % of the quantity available for the subperiod specified in Article 2.

Article 4

1.

Section 8 of the licence application and the licence shall indicate the country of origin and ‘yes’ shall be marked with a cross.

2.

Section 20 of the licence application and the licence shall contain one of the references shown in part A of Annex II.

3.

Section 24 of the licence shall contain one of the references shown in part B of Annex II.

Article 5

Article 6

Article 7

Article 8

Article 10

Article 11

ANNEX I

ANNEX II