Opinion of the Advocate General — ECLI:EU:C:1998:77
Date: 1998-02-19
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products;Free movement of goods;Common customs tariff;Customs Union
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment
1. Agriculture — Common organisation of the markets — Milk and milk products — Import
levies — Specific levies on 'Kashkaval' cheese — Definition — Cheese made exclusively from
sheep's milk
(Commission Regulation No 1767/82)
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SUMMARY — CASE C-41/97
2. Agriculture — Common organisation of the markets — Milk and milk products — Import
levies — Specific levies provided for in Regulation No 1767/82 — Conditions for applying —
Production of an IMA 1 certificate — Certificate not in compliance with the instructions set
out in the annexes to the regulation — Excluded from the preferential system
(Commission Regulation No 1767/82)
1. The Kashkaval cheese referred to in
Regulation No 1767/82 laying down
detailed rules for applying specific import
levies on certain milk products is Kash­
kaval cheese made exclusively from
sheep's milk, and does not include cheese
made from cows' milk.
2. An IMA 1 certificate — production of
which is a precondition for application of
one of the specific levies provided for in
Regulation No 1767/82 — completed in a
manner contrary to the instructions set
out in the annexes to Regulation
No 1767/82 does not satisfy the require­
ments of that regulation; products
imported under such a certificate may
thus not benefit from the preferential
rate.
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