COMMISSION REGULATION (EC) No 1600/95 of 30 June 1995 laying down detailed rules for the application of the import arrangements and opening tariff quotas for milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EC) No 1538/95 (2), and in particular Articles 13 (3) and 16 (4) thereof,
Whereas Commission Regulation (EEC) No 2729/81 of 14 September 1981 laying down special rules implementing the system of import and export licences and the advance fixing of refunds in respect of milk and milk products (3), as last amended by Regulation (EC) No 1094/95 (4), has been repealed by Commission Regulation (EC) No 1466/95 (5) with effect from 1 July 1995; whereas special rules must be laid down for the system of import licences for milk products and in particular the amount of the security to be lodged, the period of validity of licences and the operations not covered by the system;
Whereas the Agreement on Agriculture concluded during the Uruguay Round multilateral trade negotiations (hereinafter referred to as the 'Agreement`) provides for certain tariff quotas for milk and milk products under the 'current access` and 'minimum access` arrangements; whereas those quotas should be opened for an initial annual period ending on 30 June 1996; whereas rules should be laid down for the management of those quotas;
Whereas tariff quotas are opened under the current access arrangements for specified countries; whereas, in order to check that products imported under the quotas conform to the product description laid down and that the tariff quotas are complied with, use should be made of the arrangements currently in force under which certificates are issued on the responsibility of the exporter country;
Whereas certain special conditions previously applied to imports authorized under special arrangements should be applied to imports of New Zealand butter under the quota provided for in the Agreement in order to monitor their origin and destination;
Whereas tariff quotas under the minimum access arrangements are opened for unspecified countries; whereas, in order to ensure correct and equitable management of the quotas, acceptance of licence applications should be subject to the lodging of a security greater than that required for normal imports and certain conditions should be laid down for the submission of licence applications; whereas the quotas should be spread out over the year and the procedure for the allocation of licences and their period of validity should be laid down; whereas this type of management requires close cooperation between the Member States and the Commission;
Whereas, in the interests of clarity and efficiency, the Regulation should contain provisions on the import of milk products under tariff quotas opened pursuant to other international agreements and on the import of milk products under preferential quota arrangements; whereas checks on the description of the products concerned and, where appropriate, on compliance with the quota may be made on the basis of the system of certificates issued by the exporter country;
Whereas Commission Regulation (EEC) No 1767/82 (6), as last amended by Regulation (EC) No 1351/95 (7), may therefore be repealed;
Whereas the special provisions of this Regulation are either supplementary to, or derogate from, the provisions of Regulation (EEC) No 3719/88 (8), as last amended by Regulation (EC) No 1199/95 (9);
Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
TITLE I
General Arrangements
Article 1
Imports into the Community of any of the products listed in Article 1 of Regulation (EEC) No 804/68 (hereinafter referred to as 'milk products`) shall be subject to the presentation of an import licence.
Notwithstanding the fourth indent of Article 5 (1) of Regulation (EEC) No 3719/88, however, no import licence shall be required for operations involving not more than:
- 150 kilograms for products falling within CN codes 0405 and 0406,
and - 300 kilograms for other milk products.
Article 2
The following special rules shall apply to import licences:
1. The security referred to in Article 14 (2) of Regulation (EEC) No 3719/88 shall be ECU 10 per 100 kilograms net of product.
2. The combined nomenclature product code shall be entered in Section 16 of both the import licence application and the licence itself. The licence shall be valid only for the product thus designated.
3. The licence shall be valid from the day of issue within the meaning of Article 21 (1) of Regulation (EEC) No 3719/88 until the end of the second month following.
4. The licence shall be issued on the working day following the day on which the application is submitted.
Article 3
Classification of cheeses falling within CN codes 0406 20 10, 0406 90 02 to 0406 90 06 and 0406 90 19 shall be subject to the presentation of an IMA 1 certificate fulfilling the conditions laid down in Title IV.
CN code 0406 90 01 shall apply only to cheeses imported from third countries.
TITLE II
Tariff quota arrangements
Article 4
For the purposes of this Regulation, 'year of import` means:
- the calendar year for the arrangements referred to in Sections A and C,
- the 12-month period beginning on 1 July for the arrangements referred to in Section B.
Section A
Imports of milk products under tariff quotas referred to in the GATT/WTO Agreements opened for specified countries of origin
Article 5
This section shall apply to certain tariff quotas for milk products referred to in the Agreements concluded under the Uruguay Round of multilateral trade negotiations (hereinafter referred to as the 'Agreement`) opened for specified countries of origin.
Article 6
The tariff quotas referred to in Article 5 and the duties to be applied shall be as set out in Annex I. The quota for New Zealand butter for the period 1 July to 31 December 1995, however, shall be 38 334 tonnes.
Article 7
1. An import licence for the products listed in Annex I at the rate of duty indicated shall only be issued on presentation of an IMA 1 certificate, or a copy thereof, fulfilling the conditions laid down in Title IV and shall bear the number of that certificate.
2. The period of validity of the IMA 1 certificate may not extend beyond 31 December of the year of issue.
From 1 November of each year, however, certificates valid from the following 1 January may be issued for quantities covered by the quota for the year concerned.
Article 8
To be eligible for the import arrangements provided for in this section, on the import licence application and the import licence itself shall be entered:
- in Section 15, the product description in accordance with Annex I,
- in Section 16, the subheading of the combined nomenclature preceded by 'ex`,
- in Section 20, one of the following:
- Válido si va acompañado de un certificado IMA 1 [Reglamento (CE) n° 1600/95],
- Gyldig ledsaget af et certifikat IMA 1 (forordning (EF) nr. 1600/95),
- Nur gueltig in Verbindung mit einer Bescheinigung IMA 1 (Verordnung (EG) Nr. 1600/95),
- Éó÷ýaaé aaUEí óõíïaeaaýaaôáé áðue Ýíá ðéóôïðïéçôéêue ÉÌÁ 1 [Êáíïíéóìueò (AAÊ) áñéè. 1600/95],
- Valid if accompanied by an IMA 1 certificate (Regulation (EC) No 1600/95),
- Valable si accompagné d'un certificat IMA 1 [règlement (CE) n° 1600/95],
- Valido se accompagnato da un certificato IMA 1 [regolamento (CE) n. 1600/95],
- Geldig wanneer vergezeld van een certificaat IMA 1 (Verordening (EG) nr. 1600/95),
- Válido quando acompanhado de um certificado IMA 1 [Regulamento (CE) nº 1600/95],
- Voimassa vain IMA 1 -todistuksen kanssa [Asetus (EY) N :o 1600/95],
- Giltig endast med IMA 1-intyget (Foerordning (EG) nr 1600/95),
and the number of the IMA 1 certificate,
- in Sections 7 and 8, the country of provenance and origin.
The licence shall carry an obligation to import from the country of origin indicated.
Article 9
1. The following special rules shall apply to the tariff quota for New Zealand butter referred to in Article 5:
(a) Notwithstanding Article 2 (1), the security shall be ECU 5 per 100 kilograms net of product.
(b) Import licence applications may only be submitted in the United Kingdom.
(c) The IMA 1 certificate referred to in Title IV shall indicate the date of manufacture of the butter concerned.
2. For the purposes of monitoring the quantities of the tariff quota referred to in paragraph 1, account shall be taken of all quantities for which import declarations have been accepted during the period concerned.
3. Member States shall notify the Commission, by the end of each month, of the quantities of butter imported under the tariff quota referred to in paragraph 1 arriving in their country during the previous month and for which import declarations have been accepted.
Article 10
1. At all stages of marketing, New Zealand butter imported into the Community pursuant to this section shall bear an indication of its New Zealand origin.
2. The blending of New Zealand butter with Community butter for direct consumption may only take place in the United Kingdom.
Paragraph 1 shall apply to blending operations only up to the stage of packing in small packages.
The United Kingdom shall inform the Commission of measures taken to that end.
Section B
Imports of milk products under tariff quotas referred to in the GATT/WTO Agreements opened for unspecified countries of origin
Article 11
This section shall apply to tariff quotas for milk products referred to in the Agreement opened for unspecified countries of origin.
Article 12
1. The tariff quotas referred to in Article 11 and the duties to be applied shall be as set out in Annex II.
2. The quantities set out in Annex II for each year of import shall be divided into four equal parts for the three-month periods commencing on 1 July, 1 October, 1 January and 1 April of each year.
Article 13
The following provisions shall apply to the import arrangements referred to in Article 11:
(a) At the time import licence applications are submitted, applicants must prove to the satisfaction of the competent authorities of the Member State concerned that they have been trading in milk or milk products for at least for preceding 12 months. For applicants in the new Member States, trade with Member States of the Community as constituted on 31 December 1994 shall be considered to be trade with third countries. Retail establishments and restaurants selling their products to the final consumer shall, however, be excluded from these arrangements.
(b) Licence applications and the licences themselves may show only one of the CN codes set out in Annex II; the licence application must be for a minimum of 10 tonnes and a maximum of 25 % of the quantity of the product or products concerned available for each period referred to in Article 12 for which the licence application is submitted.
(c) Section 8 of licence applications and licences shall show the country of origin; licences shall carry an obligation to import from the country indicated.
(d) Section 15 of licence applications shall give a detailed description of the product, in particular:
- the raw material used,
- the fat content by weight (kg) of the dry matter,
- the water content by weight (kg) of the non-fatty matter,
- the fat content by weight (kg);
(e) Section 20 of licence applications and licences shall show one of the following:
- Reglamento (CE) n° 1600/95, artículo 12,
- Forordning (EF) nr. 1600/95, artikel 12,
- Verordnung (EG) Nr. 1600/95, Artikel 12,
- Káíïíéóìueò (AAÊ) áñéè. 1600/95, UEñèñï 12,
- Article 12 of Regulation (EC) No 1600/95,
- Règlement (CE) n° 1600/95, article 12,
- Regolamento (CE) n. 1600/95, articolo 12,
- Verordening (EG) nr. 1600/95, artikel 12,
- Regulamento (CE) nº 1600/95, artigo 12º,
- Asetus (EY) N :o 1600/95, artikla 12,
- Foerordning (EG) nr 1600/95, artikel 12.
(f) Section 24 of the licence shall show the rate of duty applicable.
Article 14
1. Licence applications may only be submitted during the first 10 days of each period referred to in Article 12 (2) and for the first time during the first 10 days following the entry into force of this Regulation.
2. Licence applications shall only be accepted where the applicant declares in writing that he has not submitted, and undertakes not to submit, any other applications under the import arrangements referred to in this section for the same period for products falling within the same code in the Member State in which the application is being submitted or in any other Member State; in the event that an applicant submits more than one application for the same product, all applications from that applicant shall be invalid.
3. The Member States shall notify the Commission, on the third working day following the end of the application period, of applications submitted for each of the products listed in Annex II. Such notification shall comprise the list of applicants and the quantities applied for by CN code. All notifications, including notification of no applications, shall be made by telex or fax on the working day stipulated, in accordance with the specimen in Annex VIII where no application has been made and with the specimens in Annexes VIII and IX where applications have been made.
4. The Commission shall decide as quickly as possible to what extent applications may be granted and shall inform the Member State of its decision. If the quantities for which licences have been applied for exceed the quantities available, the Commission may reduce the quantities applied for by a fixed percentage. If the total quantity applied for is less than the quantity available, the Commission shall calculate the remaining quantity which shall be added to that available for the following period.
5. If the percentage referred to in paragraph 4 is more than 20 %, applicants may withdraw their applications. In such cases, they shall notify the competent authority within three days of publication of the decision, whereupon their security shall immediately be released. The competent authority shall notify the Commission, within four days of publication of the decision, of the quantities for which applications have been withdrawn and for which the security referred to in Article 16 has been released.
Article 15
The period of validity of licences may not extend beyond 30 June following the date of issue within the meaning of Article 21 (1) of Regulation (EEC) No 3719/88.
Import licences issued pursuant to this section may only be transferred to the natural or legal persons referred to in Article 13 (a).
Article 16
Notwithstanding Article 2 (1), the security shall be ECU 35 per 100 kilograms net of product.
Article 17
Notwithstanding Article 8 (4) of Regulation (EEC) No 3719/88, the quantity imported pursuant to this section may not exceed that shown in Sections 17 and 18 of the import licence. To that end, the figure '0` shall be entered in Section 19 of the licence.
Section C
Imports of milk products under tariff quotas referred to in other international agreements
Article 18
This section shall apply to imports of milk products from Norway under the EEA Agreement.
Article 19
1. The products referred to in Article 18 and the duties applicable shall be as set out in Annex III.
2. Articles 7 and 8 shall apply.
TITLE III
Non-quota preferential import arrangements
Article 20
This Title shall apply to certain milk products imported from third countries under special agreements concluded between those countries and the Community, or under autonomous concessions, at reduced duties without restriction.
Article 21
The milk products referred to in Article 20 and the duties applicable shall be as set out in Annex IV.
Article 22
1. An import licence for the products listed in Annex IV at the rate of duty indicated shall only be issued on presentation of an IMA 1 certificate, or a copy thereof, fulfilling the conditions laid down in Title IV and shall bear the number of that certificate.
2. The first subparagraph of Article 7 (2) shall apply.
Article 23
The certificate referred to in Article 22, on which the free-at-frontier price must be shown, shall be regarded as valid during the period between the issue of the certificate and the release of the product into free circulation in the Community even where the free-at-frontier value to be observed has altered, provided that:
(a) the free-at-frontier price shown on the certificate is not less than the free-at-frontier value applicable on the date of issue;
and (b) the certificate was issued less than a month before the change in the free-at-frontier value.
TITLE IV
Rules applicable to IMA 1 certificates
Article 24
The IMA 1 certificate shall be drawn up according to the specimen in Annex V in accordance with the conditions laid down in this section and must be presented on import.
Article 25
1. The dimensions of the form referred to in Article 22 shall be 210 × 297 mm. The paper used shall weigh at least 40 g/m2 and shall be white in colour.
2. The forms shall be printed and completed in an official Community language; they may in addition be printed and completed in an official language of the exporter country.
3. The form shall be completed on a single occasion, either in typescript or in manuscript. Block letters shall be used if the form is completed in manuscript.
4. Each certificate shall bear a serial number allocated by the issuing agency.
Article 26
1. A separate certificate must be drawn up for each type of product referred to in Annexes I, III and IV and for each form of presentation thereof.
2. The certificate must contain, in respect of each type and each form of presentation, the particulars set out in Annex VI.
Except in the case of unforeseeable circumstances or force majeure, the original of the certificate shall be presented, along with the products to which it relates, to the customs authorities of the importer Member State before the end of the second month following issue of the certificate.
Article 27
1. The period of validity of the certificate shall be the same as that of the import licence referred to in Article 2 (3).
2. The certificate shall be valid only if duly completed and authenticated by an issuing agency listed in Annex VII.
3. The certificate shall be regarded as duly authenticated where it shows the date and place of issue, is stamped by the issuing agency and bears the signature or signatures of the person or persons authorized to sign it.
Article 28
1. An issuing agency may be listed in Annex VII only if:
(a) it is recognized as such by the exporter country;
(b) it undertakes to verify the particulars set out in the certificates;
(c) it undertakes to supply the Commission and the Member States, upon request, with any information that may be required to assess the particulars set out in the certificates.
2. Annex VII shall be revised when the condition referred to in paragraph 1 (a) is no longer fulfilled or when an issuing agency fails to fulfil one of the obligations it has undertaken.
Article 29
Member States shall take the measures necessary to check that the system of certificates established by this Title is operating correctly.
TITLE V
General provisions
Article 30
The provisions of Title I shall apply to import licences issued under the arrangements laid down in Titles II and III except where otherwise stated.
Article 31
Regulation (EEC) No 1767/82 is hereby repealed and all references made to that Regulation shall be understood as being made to this Regulation.
Article 32
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 1995 to 30 June 1996.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 June 1995.