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COMMISSION REGULATION (EEC) No 1767/82
of 1 July 1982
laying down detailed rules for applying specific import levies on certain milk products
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic 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 (EEC) No 1183/82 (2), and in particular Article 14 (7) thereof,
Having regard to Council Regulation (EEC) No 974/71 of 12 May 1971 on certain measures of conjunctural policy to be taken in agriculture following the temporary widening of the margins of fluctuation for the currencies of certain Member States (3), as last amended by Regulation (EEC) No 3605/81 (4), and in particular Article 6 thereof,
Whereas Council Regulation (EEC) No 2915/79 (5), as last amended by Regulation (EEC) No 1463/82 (6), provides for specific levies on certain cheeses from non-member countries;
Whereas the conditions for admission to the tariff headings given for most of these cheeses are laid down in Commission Regulation (EEC) No 1054/68 (7), as last amended by Regulation (EEC) No 584/82 (8), and in Commission Regulation (EEC) No 2965/79 (9), as last amended by Regulation (EEC) No 1898/81 (10); whereas, as a result of the most recent amendment to Regulation (EEC) No 2915/79, admission to tariff headings is no longer the sole factor to be considered for the purposes of applying the specific levy; whereas, therefore, the Commission Regulations in this field should be amended;
Whereas, for the sake of clarity and administrative efficiency, all the provisions relating to application of the specific levy should be brought together in a single Regulation;
Whereas the detailed description of goods complicates the import procedure; whereas the import procedure could be considerably simplified if the exporting country gave an assurance that the product exported met the description of the goods in question; whereas, therefore, a product should not qualify for the specific levy unless it is accompanied by a certificate issued in a prescribed form on the responsibility of the exporting country and providing the said assurance; whereas this system of certificates is also used by non-member countries to monitor compliance with tariff quotas; whereas, consequently, no Community system need be introduced for this purpose;
Whereas Commission Regulation (EEC) No 1055/68 (11), as amended by Regulation (EEC) No 2751/80 (12), sets the fixed amount representing delivery costs to Community customs territory in respect of certain cheeses from Finland; whereas this fixed amount is no longer a factor to be taken into consideration in respect of import of cheese from Finland; whereas the Regulation in question should therefore be repealed;
Whereas 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
1. The import levies applicable to the products listed in Annex II to Regulation (EEC) No 2915/79 shall be those listed in Annex I to this Regulation.
2. The products listed in Annex I shall qualify for the abovementioned import levies only on production of an IMA 1 certificate drawn up according to the specimen in Annex II, subject to compliance with the conditions laid down in this Regulation.
3. Admission:
- to subheading 04.02 B I a) of the Common Customs Tariff of special milk for infants, in hermetically sealed containers of a net content not exceeding 500 grams and with a fat content, by weight, exceeding 10 % but not exceeding 27 %, and
- of Glarus herb cheese (known as Schabziger), to subheading 04.04 B of the Common Customs Tariff made from skimmed milk with finely-ground herbs added,
shall be subject to production of the certificate referred to in paragraph 2 and to compliance with the conditions laid down in this Regulation.
Article 2
1. The dimensions of the form referred to in Article 1 (2) 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 also be printed and completed in an official language of the exporting country in addition to an official Community language.
3. The form shall be completed, either in typescript or in manuscript. Block letters shall be used for forms completed in manuscript.
4. Each certificate shall bear a serial number allocated to it by the issuing agency.
Article 3
1. A separate certificate must be drawn up for each type and each form of presentation of the products referred to in Article 1.
2. The certificate must contain, in respect of each type and each form of presentation, the particulars set out in Annex III.
Article 4
Within three months of the date of issue of the certificate, the original thereof shall be presented to the customs authorities of the importing Member State, together with the products to which it relates, except in unforeseeable circumstances or in cases of force majeure.
Article 5
1. A certificate shall be valid only if duly completed and authenticated by an issuing agency listed in Annex IV.
2. The certificate shall be regarded as duly authenticated when 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 qualified to sign it.
3. A certificate on which the free-at-frontier price must be shown shall be regarded as valid even where the free-at-frontier value to be observed has altered during the period between the issue of the certificate and the placing of the product into free circulation in the Community, 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.
Article 6
1. An issuing agency may be listed in Annex IV only if:
(a) it is recognized as such by the exporting 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 IV shall be revised when the condition referred to in paragraph 1 (a) is no longer fulfilled or when an issuing agency does not fulfil one of the obligations it has undertaken.
Article 7
Member States shall take the measures necessary to check that the system of certificates established by this Regulation is operating correctly.
Article 8
No monetary compensatory amounts shall apply when the products specified in Annex I (a), (b), (d), (e), (f), (g), (i), (k), (l), and (m) are put into free circulation.
Article 9
Regulations (EEC) No 1054/68, (EEC) No 1055/68 and (EEC) No 2965/79 are hereby repealed.
Article 10
This Regulation shall enter into force on 5 July 1982. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 July 1982.