# L_2005171EN.01001901.xml

| 2.7.2005 | EN | Official Journal of the European Union | L 171/19 |
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2.7.2005

EN

Official Journal of the European Union

L 171/19

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COMMISSION REGULATION (EC) No 1036/2005

of 1 July 2005

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

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), and in particular Article 29(1) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 2535/2001 (2) 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 and Commission Decisions 2005/430/EC (3) and 2005/431/EC (4) on the conclusion of Additional Protocols to the Europe Agreements establishing an association between the European Communities and their Member States, of the one part, and Bulgaria 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 Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, the new import tariff quotas should be opened and certain existing quotas should be increased as from 1 July 2005, date of the entry into force of the Additional Protocols. |
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(1)

Commission Regulation (EC) No 2535/2001 (2) 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 and Commission Decisions 2005/430/EC (3) and 2005/431/EC (4) on the conclusion of Additional Protocols to the Europe Agreements establishing an association between the European Communities and their Member States, of the one part, and Bulgaria 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 Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, the new import tariff quotas should be opened and certain existing quotas should be increased as from 1 July 2005, date of the entry into force of the Additional Protocols.

| (2) | Council Regulation (EC) No 747/2001 (5) provides for quota No 09.1302, concerning certain agricultural products originating in Israel, 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 (6). It is appropriate to take account of that quota in Regulation (EC) No 2535/2001. |
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(2)

Council Regulation (EC) No 747/2001 (5) provides for quota No 09.1302, concerning certain agricultural products originating in Israel, 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 (6). It is appropriate to take account of that quota in Regulation (EC) No 2535/2001.

| (3) | Annex XII to Regulation (EC) No 2535/2001 contains a reference to the body issuing certificates in Cyprus which should be deleted by reason of the accession of Cyprus to the European Union. |
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(3)

Annex XII to Regulation (EC) No 2535/2001 contains a reference to the body issuing certificates in Cyprus which should be deleted by reason of the accession of Cyprus to the European Union.

| (4) | Regulation (EC) No 2535/2001 should therefore be amended accordingly. |
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(4)

Regulation (EC) No 2535/2001 should therefore be amended accordingly.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, |
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(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2535/2001 is amended as follows:

| 1. | in Article 5, point (b) is replaced by the following text:






  ‘(b) | the quotas provided for in Council and Commission Decisions 2005/430/EC (*1) and 2005/431/EC (*2); |
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1.

in Article 5, point (b) is replaced by the following text:

‘(b)

the quotas provided for in Council and Commission Decisions 2005/430/EC (*1) and 2005/431/EC (*2);

(*1)  
  OJ L 155, 17.6.2005, p. 1."

(*2)  
  OJ L 155, 17.6.2005, p. 26.’;"

| 2. | Article 19a is amended as follows:






  (a) | paragraph 1 is replaced by the following text:

  ‘1.   Within the context of the quotas provided for in Council Regulations (EC) No 312/2003 (*) and (EC) No 747/2001 (**), and given in Annex VIIa to this Regulation, Articles 308a to 308c of Regulation (EEC) No 2454/93 shall apply.


  (*)  
  OJ L 46, 20.2.2003, p. 1."


  (**)  
  OJ L 109, 19.4.2001, p. 2.
  ’;" |
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2.

Article 19a is amended as follows:

(a)

paragraph 1 is replaced by the following text:

‘1.   Within the context of the quotas provided for in Council Regulations (EC) No 312/2003 (*) and (EC) No 747/2001 (**), and given in Annex VIIa to this Regulation, Articles 308a to 308c of Regulation (EEC) No 2454/93 shall apply.

(*)  
  OJ L 46, 20.2.2003, p. 1."

*

(**)  
  OJ L 109, 19.4.2001, p. 2.
  ’;"

**

| (b) | paragraph 4 is replaced by the following text:

  ‘4.   Application of the reduced rate of duty shall be subject to the presentation of proof of origin issued in accordance with Annex III to the Agreement with Chile or with Protocol 4 to the Agreement with Israel.’; |
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(b)

paragraph 4 is replaced by the following text:

‘4.   Application of the reduced rate of duty shall be subject to the presentation of proof of origin issued in accordance with Annex III to the Agreement with Chile or with Protocol 4 to the Agreement with Israel.’;

| 3. | part B of Annex I is replaced by the text set out in Annex I to this Regulation; |
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3.

part B of Annex I is replaced by the text set out in Annex I to this Regulation;

| 4. | Annex VIIa is replaced by the text set out in Annex II to this Regulation; |
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4.

Annex VIIa is replaced by the text set out in Annex II to this Regulation;

| 5. | in Annex XII the row relating to Cyprus is deleted. |
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5.

in Annex XII the row relating to Cyprus is deleted.

Article 2

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

Points 1 and 3 of Article 1 shall apply from 1 July 2005.

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

Done at Brussels, 1 July 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 341, 22.12.2001, p. 29. Regulation last amended by Regulation (EC) No 810/2004 (OJ L 149, 30.4.2004, p. 138).

2

(3)  
  OJ L 155, 17.6.2005, p. 1.

3

(4)  
  OJ L 155, 17.6.2005, p. 26.

4

(5)  
  OJ L 109, 19.4.2001, p. 2. Regulation last amended by Commission Regulation (EC) No 503/2005 (OJ L 83, 1.4.2005, p. 13).

5

(6)  
  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).

6

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ANNEX I

‘I.B

TARIFF QUOTAS UNDER EUROPE AGREEMENTS BETWEEN THE COMMUNITY AND BULGARIA AND ROMANIA

1.   Products originating in Romania

| Quota number | CN code | Description (1) | Applicable duty (% of MFN) | Quantities (tonnes) |
| --- | --- | --- | --- | --- |
| Annual quota
  from 1.7.2005 to 30.6.2006 | Annual increase from 1 July 2006 and thereafter |
| 09.4771 | 0402 10 19
  0402 21 11 | Skimmed milk powder | Free | 1 500 | 0 |
| 0402 21 19
  0402 21 91 | Whole milk powder |
| 09.4772 | 0403 10 11
  0403 10 13
  0403 10 19
  0403 10 31
  0403 10 33
  0403 10 39 | Yoghurt, not flavoured | Free | 1 000 | 0 |
| 0403 90 11
  0403 90 13
  0403 90 19
  0403 90 31
  0403 90 33
  0403 90 39
  0403 90 51
  0403 90 53
  0403 90 59
  0403 90 61
  0403 90 63
  0403 90 69 | Other, not flavoured |
| 09.4758 | 0406 | Cheese and curd | Free (2) | 3 000 | 200 |

Quota number

CN code

Description (1)

Applicable duty (% of MFN)

Quantities (tonnes)

Annual quota

from 1.7.2005 to 30.6.2006

Annual increase from 1 July 2006 and thereafter

09.4771

0402 10 19

0402 21 11

Skimmed milk powder

Free

1 500

0

0402 21 19

0402 21 91

Whole milk powder

09.4772

0403 10 11

0403 10 13

0403 10 19

0403 10 31

0403 10 33

0403 10 39

Yoghurt, not flavoured

Free

1 000

0

0403 90 11

0403 90 13

0403 90 19

0403 90 31

0403 90 33

0403 90 39

0403 90 51

0403 90 53

0403 90 59

0403 90 61

0403 90 63

0403 90 69

Other, not flavoured

09.4758

0406

Cheese and curd

Free (2)

3 000

200

2.   Products originating in Bulgaria

| Quota number | CN code | Description (1) | Applicable duty (% of MFN) | Quantities (tonnes) |
| --- | --- | --- | --- | --- |
| Annual quota
  from 1.7.2005 to 30.6.2006 | Annual increase from 1 July 2006 and thereafter |
| 09.4773 | 0402 10 | Skimmed milk powder | Free (2) | 3 300 | 300 |
| 0402 21 | Whole milk powder, unsweetened |
| 09.4675 | 0403 10 11
  0403 10 13
  0403 10 19
  0403 10 31
  0403 10 33
  0403 10 39 | Yoghurt, not flavoured | Free | 770 | 70 |
| 09.4660 | 0406 | Cheese and curd | Free (2) | 7 000 | 300 |

Quota number

CN code

Description (1)

Applicable duty (% of MFN)

Quantities (tonnes)

Annual quota

from 1.7.2005 to 30.6.2006

Annual increase from 1 July 2006 and thereafter

09.4773

0402 10

Skimmed milk powder

Free (2)

3 300

300

0402 21

Whole milk powder, unsweetened

09.4675

0403 10 11

0403 10 13

0403 10 19

0403 10 31

0403 10 33

0403 10 39

Yoghurt, not flavoured

Free

770

70

09.4660

0406

Cheese and curd

Free (2)

7 000

300

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(1)  Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential arrangements being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are referred to, the applicability of the preferential arrangements is determined to the basis of the CN code and the corresponding description taken jointly.

1

(2)  This concession is only applicable to products not benefiting from any kind of export subsidies.’

2

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ANNEX II

‘ANNEX VIIa

1.   Tariff quota under Annex I to the Association Agreement with the Republic of Chile

| | Annual quantities (tonnes)
  (base = calendar year) | |
| --- | --- | --- |
| Quota No | CN code | Description (1) | Applicable rate of duty (% of the MFN duty) | from 1.2.2003
  to 31.12.2003 | 2004 | Annual increase from 2005 |
| 09.1924 | 0406 | Cheese and curd | Exemption | 1 375 | 1 500 | 75 |

Annual quantities (tonnes)

(base = calendar year)

Quota No

CN code

Description (1)

Applicable rate of duty (% of the MFN duty)

from 1.2.2003

to 31.12.2003

2004

Annual increase from 2005

09.1924

0406

Cheese and curd

Exemption

1 375

1 500

75

2.   Tariff quota under Annex VII to Regulation (EC) No 747/2001 as regards certain agricultural products originating in Israel

| | Annual quantities (tonnes)
  (base = calendar year) |
| --- | --- |
| Quota No | CN Code | Description (1) | Applicable rate of duty | 2004 | 2005 | 2006 | from 2007 onwards |
| 09.1302 | 0404 10 | Whey and modified whey | Exemption | 824 | 848 | 872 | 896 |

Annual quantities (tonnes)

(base = calendar year)

Quota No

CN Code

Description (1)

Applicable rate of duty

2004

2005

2006

from 2007 onwards

09.1302

0404 10

Whey and modified whey

Exemption

824

848

872

896

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(1)  Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential arrangements being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are referred to, the applicability of the preferential arrangements is determined to the basis of the CN code and the corresponding description taken jointly.’

1

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