1998R1374—EN—01.07.1999—001.001—1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 1374/98
of 29 June 1998
laying down detailed rules for the application of the import arrangements and opening tariff
quotas for milk and milk products
(OJ L 185, 30.6.1998, p. 21)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1339/1999 of 24 June 1999 L 159 22 25.6.1999
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
1998R1374—EN—01.07.1999—001.001—2
▼B
COMMISSION REGULATION (EC) No 1374/98
of 29 June 1998
laying down detailed rules for the application of the import
arrangementsandopeningtariffquotasformilkandmilkproducts
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 organisation of the market in milk and milk prod-ucts (
1), as last amended by Regulation (EC) No 1587/96 (2), and in
particular Articles 13(3) and 16(4) thereof,
Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996
on the implementation of the concessions set out in schedule CXLdrawn up in the wake of the conclusion of the GATT XXIV.6 nego-tiations (
3), and in particular Article 1(1) thereof,
Having regard to Council Regulation (EC) No 779/98 of 7 April 1998
on the import into the Community of agricultural products originating inTurkey, repaling Regulation (EEC) No 4115/86 and amending Regula-tion (EC) No 3010/95 (
4), and in particular Article 1 thereof,
Whereas Commission Regulation (EC) No 1600/95 of 30 June 1995
laying down detailed rules for the application of the import arrange-ments and opening tariff quotas for milk and milk products (
5), as last
amended by Regulation (EC) No 1129/98 (6), has been substantially
amended several times; whereas, since further amendments are to bemade, it should be recast in the interests of clarity and efficiency;
Whereas the Agreement on Agriculture concluded during the Uruguay
Round of multilateral trade negotiations (hereinafter referred to as the‘Agreement') provides for certain tariff quotas for milk and milk prod-ucts under the ‘current acess' and ‘minimum access' arrangements;whereas those quotas should be opened; whereas rules should be laiddown forthe management of those quotas;
Whereas tariff quotas are opened under the current access arrangements
for specified countries; whereas, in order to check that productsimported under the quotas conform to the product description laid downand that the tariff quotas are complied with, use should be made of thearrangements under which certificates are issued on the responsibility ofthe exporter country;
Whereas certain special conditions previously applied to imports author-
ised under special arrangements should be applied to imports of NewZealand butterunderthe quota pr ovided forin the Agr eement in or derto monitortheiror igin and destination;
Whereas tariff quotas under the minimum access arrangements are
opened for unspecified countries; whereas, in order to ensure correctand equitable management of the quotas, acceptance of licence applica-tions should be subject to the lodging of a security greater than thatrequired for normal imports and certain conditions should be laid downforthe submission of licence applications; wher eas the quotas should bespread out over the year and the procedure for the allocation of licencesand their period of validity should be laid down; whereas this type ofmanagement requires close cooperation between the Member States andthe Commission;
(1) OJ L 148, 28. 6. 1968, p. 13.
(2) OJ L 206, 16. 8. 1996, p. 21.
(3) OJ L 146, 20. 6. 1996, p. 1.
(4) OJ L 113, 15. 4. 1998, p. 1.
(5) OJ L 151, 1. 7. 1995, p. 12.
(6) OJ L 157, 30. 5. 1998, p. 91.
1998R1374—EN—01.07.1999—001.001—3
▼B
Whereas the Regulation should contain provisions on the import of milk
products under tariff quotas opened pursuant to other internationalagreements and on the import of milk products under preferential quotaarrangements; whereas checks on the description of the productsconcerned and, where appropriate, on compliance with the quota maybe made on the basis of the system of certificates issued by the exportercountry; whereas, however, in the case of imports from Switzerlandunder the special arrangement agreed between that country and theCommunity and imports from Turkey under the preferential arrange-ments provided for in Protocol 1 to Decision No 1/98 of the EC-TurkeyAssociation Council of 25 February 1998 on the trade regime foragricultural products (
1), import checks are based solely on Community
import licences;
Whereas the special provisions of this Regulation are either supplemen-
tary to, or derogate from Regulation (EEC) No 3719/88 of 16November1988 laying down common detailed r ules forthe applicationof the system of import and export licences and advance fixing certi-ficates for agricultural products (
2), as last amended by Regulation (EC)
No 1044/98 (3);
Whereas, in order to permit the timely submission of licence applica-
tions in respect of the quotas opened by this Regulation, provisionshould be made for its entry into force on the day following that of itspublication;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee forMilk and MilkProducts,
HAS ADOPTED THIS REGULATION:
CHAPTER I
General arrangements
Article 1
All imports into the Community of any of the products listed in Article
1 of Regulation (EEC) No 804/68 (here-inafter referred to as ‘milkproducts') shall be subject to the presentation of an import licence.
Notwisthstanding the fourth indent of Article 5(1) of Regulation (EEC)
No 3719/88, however, no import licence shall be required for operationsinvolving not more than:
(a) 150 kilograms for products falling within CN codes 0405 and 0406,
and
(b) 300 kilogr ams forothermilk pr oducts.
Article 2
1. The special rules set out in paragraphs 2 to 5 shall apply to import
licences.
2. The security referred to in Article 14(2) of Regulation (EEC) No
3719/88 shall be ECU 10 per 100 kilograms net of product.
3. The Combined Nomenclature product code shall be entered in
section 16 of both the import licence application and the licence itself.The licence shall only be valid forthe pr oduct so designated.
4. 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 endof the third month following.
(1) OJ L 86, 20. 3. 1998, p. 3.
(2) OJ L 331, 2. 12. 1988, p. 1.
(3) OJ L 149, 20. 5. 1998, p. 11.
1998R1374—EN—01.07.1999—001.001—4
▼B
5. The licence shall be issued on the first working day following theday on which the application is submitted.
Article 3
Classification of cheeses underCN codes 0406 20 10, 0406 90 02 to
0406 90 06 and 0406 90 19 shall be subject to the presentation of:
(a) a licence issued in accordance with Article 23 for imports coming
from Switzerland under the special arrangement concluded betweenthat country and the Community;
(b) an IMA 1 certificate fulfilling the conditions laid down in Chapter
IV forotherthir d countr ies.
CN code 0406 90 01 shall apply only to cheeses imported from third
countries.
Article 4
For the purposes of this Regulation ‘year of import' means:
(a) the calendar year for the arrangements referred to in sections 1 and
3 of ChapterII;
(b) the 12-month period beginning on 1 July for the arrangements
referred to in section 2 of Chapter II.
CHAPTER II
Tariff quota arrangements
Section 1
ImportsofmilkproductsundertariffquotasreferredtointheGATT/WTO
Agreements opened for specified countries of origin
Article 5
The section shall apply to certain tariff quotas for milk products referred
to in the Agreements concluded under the Uruguay Round of multilat-eral 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.
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 certifi-cate, ora copy ther eof, fulfilling the conditions laid down in ChapterIV; it shall bearthe numberof that cer tificate.
2. The period of validity of the IMA 1 certificate may not extend
beyond 31 Decemberof the yearof issue.
From 1 November of each year, however, certificates valid from the
following 1 January may be issued for quantities covered be the quotaforthe yearof impor t.
Article 8
1. The import licence application and the import licence itself shall
show the following entries:
(a) in boxes 7 and 8, the name of the country of provenance and
country of origin;
(b) in box 15, the product description in accordance with Annex I;
(c) in box 16, the subheading of the Combined Nomenclature preceded
by ‘ex' where appropriate;
1998R1374—EN—01.07.1999—001.001—5
▼B
(d) in box 20, the numberof the IMA 1 cer tificate togetherwith one of
the following:
— Válido si va acompañado de un certificado IMA 1 [Reglamento
(CE) no1374/98]
— Gyldig ledsaget af et certifikat IMA 1 (forordning (EF) nr.
1374/98)
— Nurgültig in Ver bindung mit einerBescheinigung IMA 1
(Verordnung (EG) Nr. 1374/98)
—Έγκυρο µόνο εφόσον συνοδεύεται από πιστοποιητικό IMA
1[κανονισµός (ΕΚ)αριθ. 1374/98]
— Valid if accompanied by an IMA 1 certificate (Regulation (EC)
No 1374/98)
— Valable si accompagné d’un certificat IMA 1 [règlement (CE)
no1374/98]
— Valido se accompagnato da un certificato IMA 1 [regolamento
(CE) n. 1374/98]
— Geldig wanneer vergezeld van een certificaat IMA 1 (Verord-
ening (EG) nr. 1374/98)
— Válido quando acompanhado de um certificado IMA 1 [Regula-
mento (CE) n.o1374/98]
— Voimassa vain IMA 1-todistuksen kanssa [asetus (EY) N:o
1374/98]
— Giltig endast med IMA 1-intyget (Förordning (EG) nr 1374/98).
2. The licence shall carry an obligation to import from the country of
origin indicated.
Article 9
1. The following special rules shall apply to New Zealand butter
subject to the tariff quota referred to in Article 5:
(a) notwithstanding Article 2(2), the security shall be ECU 5 per 100
kilograms net of product;
(b) import licence applications may be submitted only in the United
Kingdom;
(c) the IMA 1 certificate shall indicate the date of manufacture of the
butterconcer ned.
2. For the purposes of monitoring the quantities of the tariff quota
referred to in paragraph 1, account shall be taken of all quantities forwhich import declarations have been accepted during the periodconcerned.
3. MemberStates shall notify the Commission, by the end of each
month, of the quantities of butter imported under the tariff quotareferred to in paragraph 1 arriving in their country during the previousmonth 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 NewZealand origin.
2. The blending of New Zealand butterwith Community butterfor
direct consumption may take place only in the United Kingdom.
Paragraph 1 shall apply to blending operations only at the stage prior to
packing in small packages.
The United Kingdom shall inform the Commission of measures taken to
that end.
Section 2
ImportsofmilkproductsundertariffquotasreferredtointheGATT/WTO
Agreements opened for unspecified countries of origin
1998R1374—EN—01.07.1999—001.001—6
▼B
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 foreach yearof impor t shall be
divided into four equal parts for the three-month periods commencingon 1 July, 1 October, 1 January and 1pril of each year.
Article 13
1. At the time that import licence applications are submitted, appli-
cants must prove to the satisfaction of the competent authorities of theMember State concerned that they have regularly imported into theCommunity and/or exported from the Community milk or milk productsduring the preceding 12 months. However, retail establishments orrestaurants selling their products to final consumers are excluded fromthese arrangements.
2. Licence applications and the licences themselves may show only
one of the CN codes set out in Annex II; the licence application must befora minimum of 10 tonnes and a maximum of 25 % of the quantity ofthe product or products concerned available for each period as referredto in Article 12(2) for which the licence application is submitted.
3. Licence applications and licences shall show:
(a) in box 8, the country of origin (licences shall carry with them an
obligation to import from the country indicated);
(b) in box 15, a detailed description of the product, in particular:
(i) the raw material used,
(ii) the fat content, by weight (%), in the dry matter,
(iii) the watercontent, by weight (%), in the non-fatty matter ,
(iv) the fat content, by weight (%);
(c) in box 20, one of the following entries:
— Reglamento (CE) n
o1374/98, artículo 12
— Forordning (EF) nr. 1374/98, artikel 12— Verordnung (EG) Nr. 1374/98, Artikel 12—Κανονισµός (ΕΚ)αριθ. 1374/98, άρθρο 12
— Article 12 of Regulation (EC) No 1374/98— Règlement (CE) n
o1374/98, article 12
— Regolamento (CE) n. 1374/98, articolo 12— Verordening (EG) nr. 1374/98, artikel 12— Regulamento (CE) n.
o1374/98, artigo 12.o
— Asetus (EY) N:o 1374/98, 12 artikla— Förordning (EG) nr 1374/98, artikel 12.
(d) in box 24, the rate of duty applicable.
4. The licence shall carry an obligation to import from the country
indicated.
Article 14
1. Licence applications may be lodged only during the first 10 days
of each period as specified in Article 12(2).
2. Licence applications shall be admissible only where applicants
declare in writing that they have not submitted, and undertake not tosubmit, any other applications under the import arrangements referred toin this section forthe same per iod forpr oducts falling within the samecode in the MemberState in which the application is being submitted orin any MemberState. In the event that an applicant submits mor e than
1998R1374—EN—01.07.1999—001.001—7
▼B
one application for the same product, all applications from that appli-cant shall be invalid.
3. The MemberStates shall notify the Commission, on the fifth
working day following the end of the application period, of applicationssubmitted foreach of the pr oducts listed in Annex II. Such notificationshall comprise the list of applicants and the quantities applied for by CNcode. All notifications, including any notification of a total absence ofapplications, shall be made by telex orfax on the wor king day stipu-lated, in accordance with the specimen in Annex VIII where no applica-tion has been made and with the specimens in Annexes VIII and IXwhere applications have been made.
4. The Commisson shall decide as quickly as possible to what extent
applications may be granted and shall inform the Member States of itsdecision.
Notwithstanding Article 2(5), licences shall be issued to applicants
whose applications have been notified in accordance with paragraph 3not more than three working days after the Member States have beeninformed of the Commission’s decision as provided for in the firstsubparagraph.
Where the total quantity covered by licence applications exceeds the
quantity fixed, the Commission may apply an allocation factorto thequantities applied for.
Where the total quantity covered by licence applications is less than the
quantity available, the Commission shall determine the quantityremaining, which shall be added to that available for the followingperiod of the same year of import.
5. If the allocation factor referred to in the third subparagraph of
paragraph 4 is less than 0,8000, applicants may withdraw their applica-tions. In such cases, they shall notify the competent authority withinthree working days of publication of the Commission decision fixingthe allocation factor, whereupon their security shall immediately bereleased. The competent authority shall notify the Commission, withinfourwor king days of publication of the decision, of the quantities forwhich applications have been withdrawn and for which the securityreferred 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) ofRegulation (EEC) No 3719/88.
Import licences issued pursuant to this section may be transferred only
to the natural or legal persons fulfilling the conditions under Article13(1).
Article 16
Notwithstanding Article 2(2), 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 inboxes 17 and 18 of the import licence. To that end, the figure ‘0' shallbe entered in box 19 of the licence.
Section 3
Imports of milk products under tariff quotas referred to in other inter-
national agreements
Article 18
1. Paragraphs 2 and 3 shall apply to imports of milk products from
Norway under the EEA Agreement.
1998R1374—EN—01.07.1999—001.001—8
▼B
2. The milk products and the duties applicable shall be as set out in
Annex III. A.
3. Articles 7 and 8 shall apply.
Article 19
1. Paragraphs 2 to 5 shall apply to milk products imported under the
tariff quotas referred to in Annex 1 to Protocol 1 to Decision No 1/98 ofthe EC-Turkey Association Council.
2. The milk products and the duties applicable shall be as set out in
Annex III. B.
3. The quantities set out in Annex III. B foreach yearshall be
divided into two equal parts for the half-year periods commencing on 1January and 1 July.
However, in the case of the half-year period from 1 July to 31
December1998, the quantity shall be 1 500 tonnes.
4. The period of validity of import licences may not extend beyond
31 Decemberfollowing the date of issue within the meaning of Ar ticle21(1) of Regulation (EEC) No 3719/88. Import licences issued pursuantto this Article may be transferred only to the natural or legal personsreferred to in Article 13(1).
5. Articles 13, 14, 16 and 17 shall apply mutatis mutandis .
However:
(a) notwithstanding Article 13(2), licence applications must be for a
minimum of 10 tonnes and a maximum equivalent to the quantityavailable for each period referred to in paragraph 3;
(b) notwithstanding Article 13(3)(c), the entry in box 20 of licence
applications and licences shall refer to Article 19 of this Regulation;
(c) notwithstanding Article 14(3), Member States shall notify the
Commission, on the fifth working day following the end of theperiod for submission of applications, of applications lodged foreach of the products listed in Annex III.B. Such notification shallcomprise the list of applicants and the quantities applied for by CNcode. All notifications, including any notification of a total absenceof applications, shall be made by telex orfax on the wor king daystipulated, in accordance with the specimen in Annex X.
CHAPTER III
Non-quota preferential import arrangements
Article 20
This Chapter shall apply to certain milk products imported from third
countries under special arrangements concluded between those countriesand the Community, orunderautonomous concessions, at r educedduties 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 be issued only on presentation of an IMA 1certificate, or a copy thereof, fulfilling the conditions laid down inChapterIV; it shall bearthe numberof that cer tificate.
2. The period of validity of the IMA 1 certificate may not extend
beyond 31 Decemberof the yearof issue.
1998R1374—EN—01.07.1999—001.001—9
▼B
Article 23
1. Notwithstanding Article 22, paragraphs 2, 3 and 4 shall apply:
(a) to imports coming from Switzerland under the special arrangement
concluded between that country and the Community;
(b) to imports of milk products as referred to in Annex 1 to Protocol 1
to Decision No 1/98 of the EC-Turkey Association Council, exceptfor imports provided for in Article 19(1) of this Regulation.
2. Licence applications and licences shall show:
(a) in box 15, the detailed description of the product referred to in
Annex IV or, for products falling within CN codes 0406 90 02 to0406 90 06, the description in the Combined Nomenclature;
(b) in box 16, the Combined Nomenclature code for the product;
(c) in box 20, one of the following entries:
— Reglamento (CE) n
o1374/98, artículo 23
— Forordning (EF) nr. 1374/98, artikel 23— Verordnung (EG) Nr. 1374/98, Artikel 23—Κανονισµός (ΕΚ)αριθ. 1374/98, άρθρο 23
— Article 23 of Regulation (EC) No 1374/98— Règlement (CE) n
o1374/98, article 23
— Regolamento (CE) n. 1374/98, articolo 23— Verordening (EG) nr. 1374/98, artikel 23— Regulamento (CE) n.
o1374/98, artigo 23
— Asetus (EY) n:o 1374/98, 23 artikla— Förordning (EG) nr 1374/98, artikel 23.
(d) in box 24, the rate of duty applicable.
3. Forpr oducts falling within CN codes 0406 90 02 to 0406 90 06
and for those listed in Annex IV under serial numbers 3, 4 and 5, importlicences shall be issued only where the applications are accompaniedby:
(a) a written declaration by the applicant that the minimum prices
referred to in Annex IV or in the Combined Nomenclature forproducts falling within CN codes 0406 90 02 to 0406 90 06 havebeen complied with;
(b) a written undertaking by the applicant to supply, at the request of
the competent authorities, any information and additionalsupporting documentation which they may judge necessary withregard to compliance with the minimum price and to allow anyauditing of accounts required by those authorities.
In cases of non-compliance with the minimum price, in addition to the
import duty set in Annex I to Council Regulation (EEC) No 2658/87 (
1), a penalty shall be paid equal to 25 % of the amount of the duty.
4. The reduced rate of duty shall be applied only on presentation of
the declaration of release for free circulation accompanied by the importlicence and the proof of origin issued under:
(a) Protocol 3 to the Agreement between the European Economic
Community and the Swiss Confederation of 22 July 1972 (
2), for
imports from Switzerland;
(b) Protocol 3 to Decision No 1/98 of the EC-Turkey Association
Council, for imports from Turkey.
(1) OJ L 256, 7. 9. 1987, p. 1.
(2) OJ L 300, 31. 12. 1972, p. 189.
1998R1374—EN—01.07.1999—001.001—10
▼B
CHAPTER IV
Rules applicable to IMA1 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 Chapterand must be presented on importation.
Article 25
1. The dimensions of the form referred to in Article 24 shall be
210×297 mm. The paperused shall weigh at least 40 g/m
2and shall be
white in colour.
2. The forms shall be printed and completed in one of the official
languages of the Community. They may also be printed and completedin the official language orone of the official languages of the expor tingcountry.
3. The form shall be completed 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
as referred to in Annexes I, III.A and IV and each form of presentationthereof, except for imports as referred to in Article 23.
2. The certificate must contain, for each type and each form of
presentation, the particulars set out in Annex VI.
Except in the case of unforeseeable circumstances or forcemajeure , the
original of the certificate shall be presented, along with the products towhich it relates, to the customs authorities of the importing MemberState before the end of the second month following issue of the certifi-cate.
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(4).
2. Certificates shall be valid only if duly completed and authenticated
by an issuing agency listed in Annex VII.
3. Certificates shall be regarded as duly authenticated where they
show the date and place of issue, are stamped by the issuing agency andbear the signature or signatures of the person or persons authorised tosign them.
Article 28
1. An issuing agency may be listed in Annex VII only if:
(a) it is recognised 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 assessthe 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 tofulfil 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 Chapter is operating correctly.
1998R1374—EN—01.07.1999—001.001—11
▼B
CHAPTER V
General and final provisions
Article 30
Chapter I shall apply to import licences issued under the arrangements
laid down in Chapters II and III except where otherwise stated.
Article 31
Regulation (EEC) No 1600/95 is hereby repealed.References to that Regulation shall be construed as references to this
Regulation.
Article 32
This Regulation shall enterinto for ce on the day following that of its
publication in the Official Journal of the European Communities .
It shall apply from 1 July 1998.
This Regulation shall be binding in its entirety and directly applicable in
all MemberStates.
1998R1374—EN—01.07.1999—001.001—12▼B
Order number
in Annex 7 to
the Combined
Nomenclature
(TARIC
order number)CN code Description Country of originQuota quantity
(annual) (tonnes)Import duty (ECU/
100 kg net weight)Rules forcompleting
IMA 1 certificatesANNEX I
TARIFF QUOTAS PURSUANT TO THE GATT/WTO AGREEMENTS SPECIFIED BY COUNTRY OF ORIGIN
(Calendar year)
38
(09.4589)ex 0405 10 11
ex 0405 10 19Butter, at least six weeks old, of a fat content by weight of not less than
80 % but less than 82 %, manufactured directly from milk or creamNew Zealand 76 667 86,88 see Article 9
43 0406 90 01 Cheese forpr ocessing (1) New Zealand 4 000 17,06 see Annex VI (C) and
(09.4515) Australia(D)
45
(09.4514)ex 0406 90 21 Whole Cheddarcheeses (of the conventional flat cylindr ical shape of a net
weight of not less than 33 kg but not more than 44 kg and cheeses in cubicNew Zealand 7 000 17,06 see Annex VI (B)
blocks orin par allelepiped shape, of a net weight of 10 kg ormor e) of a fat
content of 50 % or more by weight in the dry matter, matured for at leastthree months Australia
46
(09.4513)ex 0406 90 21 Cheddar made from unpasteurized milk, of a fat content of 50 % or more,
by weight, in the dry matter, matured for at least nine months, with afree-at-frontier value (
2) per100 kg net, of not less than:
— ECU 334,20 in whole cheeses
— ECU 354,83 forcheeses of a net weight of not less than 500 g— ECU 368,58 forcheeses of a weight less than 500 gThe expression ‘whole cheeses' means cheeses of the:— Conventional flat cylindrical shape of a net weight of not less than 33
kg but not more than 44 kg
— Cubic blocks orpar allelepipeds, of a net weight of 10 kg ormor eCanada 4 000 13,75 see Annex VI (A)
(1) Utilization for this particular purpose will be monitored by applying the Community provisions laid down on the subject.
(2) ‘Free-at-frontier value' means the free-at-frontier price or fob price in the country of export, plus an amount, where appropriate, for delivery and insurance costs to the customs territory of the Community.
1998R1374—EN—01.07.1999—001.001—13▼M1
Order number
in Annex 7 to
the CombinedQuota quantity
(tonnes) Import duty
Nomenclature
(TARIC order
number)CN code Description Country of origin
Annual Quarterly(EUR/100 kg net
weight)ANNEX II
TARIFF QUOTAS PURSUANT TO GATT/WTO AGREEMENTS, NOT SPECIFIED BY COUNTRY OF ORIGIN
(GATT/WTO year)
36
(09.4590)0402 10 19 Skimmed milk powder all third countries 62 480 15 620 47,50
37
(09.4599)0405 10 11
0405 10 190405 10 30Butter and other fats and oils derived from milk all third countries 8 000 2 000 94,80
0405 10 50
0405 10 900405 90 10 (*)0405 90 90 (*)in butterequivalent
39
(09.4591)ex 0406 10 20
ex 0406 10 80Pizza cheese, frozen, cut into pieces each weighing not more than 1 gram,
in containers of a net content of 5 kg or more, of a water content, byweight, of 52 % or more, and of a fat content by weight in the dry matterof 38 % ormor eall third countries 4 462 1 115,5 13,00
40 ex 0406 30 10 Processed Emmentaler all third countries 15 307 3 826,75 71,90
(09.4592)0406 90 13 Emmentaler
41 ex 0406 30 10 Processed Gruyère all third countries 4 307 1 076,75 71,90
(09.4593) 0406 90 15 Gruyère, Sbrinz
42
(09.4594)0406 90 01 Cheese forpr ocessing (1) all third countries 16 800 4 200 83,50
44
(09.4595)0406 90 21 Cheddar all third countries 12 600 3 150 21,00
1998R1374—EN—01.07.1999—001.001—14▼M1
Order number
in Annex 7 to
the CombinedQuota quantity
(tonnes) Import duty
Nomenclature
(TARIC order
number)CN code Description Country of origin
Annual Quarterly(EUR/100 kg net
weight)
47 ex 0406 10 20 Fresh (unripened or uncured) cheese, including whey cheese, and curd, all third countries 16 299 4 074,75 92,60
(09.4596)ex 0406 10 80otherthan pizza cheese of or derNo 40106,40
0406 20 90 Other grated or powdered cheese 94,10
0406 30 31 Otherpr ocessed cheese 69,00
0406 30 39 71,90
0406 30 90 102,90
0406 40 10 Blue-veined cheese 70,40
0406 40 50
0406 40 90
0406 90 17 Bergkäse and Appenzell 85,80
0406 90 18 Fromage fribourgeois, Vacherin Mont d’Or and Tête de Moine 75,50
0406 90 23 Edam
0406 90 25 Tilsit
0406 90 27 Butterkäse
0406 90 29 Kashkaval
0406 90 31 Feta, of sheep’s milk orbuffalo milk
0406 90 33 Feta, other
0406 90 35 Kefalo-Tyri
0406 90 37 Finlandia
0406 90 39 Jarlsberg
0406 90 50 Cheese of sheep’s milk orbuffalo milk
ex 0406 90 63 Pecorino
0406 90 69 Other
0406 90 73 Provolone 75,50
ex 0406 90 75 Caciocavallo
ex 0406 90 76 Danbo, Fontal, Fynbo, Havarti, Maribo, Samsø
0406 90 78 Gouda
ex 0406 90 79 Esrom, Italico, Kernhem, Saint-Paulin
ex 0406 90 81 Cheshire, Wensleydale, Lancashire, Double Gloucester, Blarney, Colby,
Monterey
1998R1374—EN—01.07.1999—001.001—15▼M1
Order number
in Annex 7 to
the CombinedQuota quantity
(tonnes) Import duty
Nomenclature
(TARIC order
number)CN code Description Country of origin
Annual Quarterly(EUR/100 kg net
weight)
0406 90 82 Camembert
0406 90 84 Brie
0406 90 86 Exceeding 47 % but not exceeding 52 %
0406 90 87 Exceeding 52 % but not exceeding 62 %
0406 90 88 Exceeding 62 % but not exceeding 72 %
0406 90 93 Exceeding 72 % 92,60
0406 90 99 Other 106,40
(*) 1 kg product = 1,22 kg butter.
(1) Utilisation for this particular purpose will be monitored by applying the Community provisions laid down on the subject.
1998R1374—EN—01.07.1999—001.001—16▼B
Order number
(TARIC order
number)CN code Description Country of originQuota quantity
(annual) (tonnes)Import duty (ECU/
100 kg net weight)Rules forcompleting
IMA 1 certificatesANNEX III
TARIFF QUOTAS PURSUANT TO OTHER INTERNATIONAL AGREEMENTS
A. NORWAY
(Calendar year)
12
(09.4597)ex 0406 90 39
ex 0406 90 86ex 0406 90 87ex 0406 90 88— Jarlsberg, of a minimum fat content of 45 % by weight in the dry matter, and of a
minimum dry matter content of 56 %, matured for at least three months:
— Whole cheeses with rind, from 8 to 12 kg— Rectangularblocks of a net weight not exceeding 7 kg (
1)
— Pieces packed in vacuum oriner t gas, of a net weight of not less than 150 g but not
exceeding 1 kg (1)
— Ridder, of a minimum fat content of 60 % by weight in the dry matter, matured for at
least fourweeks:— Whole cheeses with rind, from 1 to 2 kg— Pieces packed in vacuum or inert gas, with rind on at least one side, of a net weight
of not less than 150 g (
1)Norway 2 351 66,41 see Annex VI H
ex 0406 10 20
ex 0406 10 80— Whey cheese 357 7,50 see Annex VI I
0406 30 Processed cheese, not grated or powdered 8 43,80
(1) The concession applies to rectangular blocks or pieces packed in vacuum or inert gas provided that the packaging of such goods bears at least the following particulars:
— the name of the cheese,
— the fat content by weight in the dry matter,— the packerr esponsible,— the country of origin of the cheeses.
1998R1374—EN—01.07.1999—001.001—17▼B
Serial
numberQuota (tonnes)
Import duty (ECU/100(TARIC
order
number)CN code Description Country of origin
annual half-yearlykg net weight)B. TURKEY
(Calendar year)
13 0406 90 29 Kashkaval cheese Turkey 1 500 750 0
(09.4101)ex 0406 90 31 Cheese made exclusively from sheep’s milk or buffalo milk, in containers
containing br ine, orin sheep’s orgoatskin bottles
ex 0406 90 50 Othercheese made exclusively fr om sheep’s milk orbuffalo milk, in
containers containing brine, or in sheep or goatskin bottles
ex 0406 90 86
ex 0406 90 87ex 0406 90 88Tulum Peyniri, made from sheep’s milk or buffalo milk, in packings of
less than 10 kg
1998R1374—EN—01.07.1999—001.001—18▼B
Order No CN code Description Country of originImport duty (ECU/
100 kg net weight)Rules forcompleting
IMA 1 certificatesANNEX IV
NON-QUOTA PREFERENTIAL IMPORT ARRANGEMENTS
1 0402 29 11
ex 0404 90 83Special milk, forinfants (1), in hermetically sealed containers of a net content not exceeding 500 g, of a fat
content by weight exceeding 10 % but not exceeding 27 %Switzerland 43,80 —
2 0406 20 10
0406 90 19Glaris herb cheese (known as Schabziger) made from skimmed milk and mixed with finely ground herbs Switzerland 6 % of the
customs value—
3 ex 0406 90 18 Fromage Fribourgeois, Vacherin Mont d’Or and Tête de Moine, of a minimum fat content of 45 % by weight
in the dry matter, matured for at least 18 days in the case of Vacherin Mont d’Or, at least two months in thecase of Fromage Fribourgeois and at least three months in the case of Tête de Moine:
— Whole cheeses with rind (
2) (a) with a free-at-frontier value (3) of not less than ECU 401,85 but less than
ECU 430,62 per100 kg net weight
— Pieces packed in vacuum oriner t gas (4), with rind (2) (a) on at least one side, of a net weight of at least 1
kg but less than 5 kg and with a free-at-frontier value (3) of not less than ECU 430,62 but less than ECU
459,39 per100 kg net weightSwitzerland 19,32 —
4 ex 0406 90 13
ex 0406 90 15ex 0406 90 17Emmental, Gruyère, Sbrinz and Appenzell, of a minimum fat content of 45 % by weight in the dry matter,
matured for at least three months:
— Pieces with rind packed in vacuum or inert gas (4) of a net weight of not more than 450 g and with a
free-at-frontier value (3) of not less than ECU 499,67 per100 kg net weightSwitzerland 9,66 —
ex 0406 90 18Fromage Fribourgeois, Vacherin Mont d’Or and Tête de Moine, of a minimum fat content of 45 % by weight
in the dry matter, matured for at least 18 days in the case of Vacherin Mont d’Or, at least two months in thecase of Fromage Fribourgeois and at least three months in the case of Tête de Moine:
— Whole cheeses with rind (
2) (a), with a free-at-frontier value (3) of not less than ECU 430,62 per100 kg
net weight
— Pieces packed in vacuum oriner t gas (4), with rind (2) (a) on at least one side, of a net weight of not less
than 1 kg and with a free-at-frontier value (3) of not less than ECU 459,39 per100 kg net weight
— Pieces packed in vacuum oriner t gas (4), of a net weight of not more than 450 g and with a free-at-frontier
value (3) of not less than ECU 499,67 per100 kg net weight
5 ex 0406 30 10 Processed cheese, not grated or powdered, in the manufacture of which only Emmental, Gruyère and
Appenzell have been used and which may contain, as an addition, Glarus herb cheese (known as Schabziger),put up forr etail sale (
5); with a free-at-frontier value (3) of not less than ECU 289,14 per100 kg net weight
and of a fat content not exceeding 56 % by weight in the dry matterSwitzerland 43,80 —
1998R1374—EN—01.07.1999—001.001—19▼B
Order No CN code Description Country of originImport duty (ECU/
100 kg net weight)Rules forcompleting
IMA 1 certificates
6 ex 0406 90 25 Tilsit, of a fat content not exceeding 48 % by weight in the dry matter Romania 81,76 See Annex VI (E)
Switzerland —
7 ex 0406 90 25 Tilsit, of a fat content exceeding 48 % by weight in the dry matter Romania 110,96 See Annex VI (E)
Switzerland —
▼M1
8 ex 0406 90 29 Kashkaval, made exclusively from sheep’s milk, matured for at least two months, of a minimum fat content of
45 % in the dry matter and a minimum dry matter content of 58 %, in whole cheeses not exceeding 10 kg,whetherwr apped in plastic ornotCyprus
HungaryIsraelRomaniaBosnia-Herzego-
vina, Croatia, Slov-enia and the formerYugoslav Republicof Macedonia67,19 See Annex VI (F)
Turkey —
9 ex 0406 90 31
ex 0406 90 50Cheeses made exclusively from sheep’s milk or buffalo milk, in containers containing brine, or in sheep or
goatskin bottlesCyprus
HungaryIsraelRomaniaBosnia-Herzego-
vina, Croatia, Slov-enia and the formerYugoslav Republicof Macedonia67,19 See Annex VI (G)
Turkey —
▼B
10 ex 0406 90 86
ex 0406 90 87ex 0406 90 88Tulum Peyniri, made from sheep’s milk or buffalo milk, in packings of less than 10 kg Turkey 67,19 —
11 ex 0406 90 50
ex 0406 90 86ex 0406 90 87ex 0406 90 88Halloumi Cyprus 27,63 See Annex VI (G)
1998R1374—EN—01.07.1999—001.001—20▼B
(1) ‘Special milk for infants' means products free from pathogenic germs and which have fewer than 10 000 revivifiable aerobic bacteria and fewer than tw o coliform bacteria per gram.
(2) (a) ‘Whole cheeses, with rind' means whole cheeses of the following net weights:
— Emmental: not less than 60 kg but not more than 130 kg,— Gruyère: not less than 20 kg but not more than 45 kg,— Sbrinz: not less than 20 kg but not more than 50 kg,— Bergkäse: not less than 20 kg but not more than 60 kg,— Appenzell: not less than 6 kg but not more than 8 kg,— Fromage Fribourgeois: not less than 6 kg but not more than 10 kg,— Tête de moine: not less than 0,700 kg but not more than 4 kg,— Vacherin Mont d’Or: not less than 0,400 kg but not more than 3 kg.For the purposes of these provisions,‘rind' is defined as follows: ‘The rind of such cheeses is the outer layer formed from the cheese itself, having a distinctly more solid consistency and a distinctly darker colour'.
(b) ‘Whole Cheddarcheeses' means:
— whole cheeses of a net weight of not less than 33 kg but not more than 44 kg,— cubic blocks orpar allelepipeds of cheese of a net weight of not less than 10 kg.
(
3) ‘Free-at-frontier value' means the free-at-frontier price or fob price in the country of export, plus an amount, where appropriate, for delivery an d insurance costs to the customs territory of the Community.
(4) The concession applies to rectangular blocks or pieces packed in vacuum or inert gas provided that the packaging of such goods bears at least the follo wing particulars:
— the name of the cheese,— the fat content by weight in the dry matter,— the packerr esponsible,— the country of origin of the cheese.
(
5) ‘Put up for retail sale' means cheese put up in immediate packings of a net weight not exceeding 1 kg containing portions or slices of an individual net w eight not exceeding 100 g.
1998R1374—EN—01.07.1999—001.001—21
▼B
ANNEX V

1998R1374 —EN—01.07.1999—001.001—22
▼B
ANNEX VI
RULES FOR COMPLETING CERTIFICATES
The following must be completed, in addition to boxes 1 to 6, 9, 17 and 18 of the
IMA 1 certificate:
A. As regards Cheddar listed under No 46 in Annex I and covered by CN code
ex 0406 90 21:
1. Box 7 by specifying, as appropriate:
— ‘whole Cheddarcheeses',— ‘Cheddarcheese otherthan whole cheeses, of a net weight of not less
than 500 g',
— ‘Cheddarcheese otherthan whole cheeses, of a net weight of less than
500 g';
2. Box 10 by specifying ‘exclusively pasteurized home-produced cows’
milk';
3. Box 11 by specifying ‘at least 50 %';4. Box 14 by specifying ‘at least nine months';5. Boxes 15 and 16 by specifying the period for which the quota is valid.
B. As regards Cheddar cheeses listed under No 45 in Annex I and covered by
CN code ex 0406 90 21:
1. Box 7 by specifying ‘whole Cheddarcheeses';2. Box 10 by specifying ‘exclusively home-produced cows’ milk';3. Box 11 by specifying ‘at least 50 %';4. Box 14 by specifying ‘at least three months';5. Box 16 by specifying the period for which the quota is valid.
C. As regards Cheddar cheese intended for processing listed under No 43 in
Annex I and covered by CN code 0406 90 01:
1. Box 7 by specifying ‘whole Cheddarcheeses';2. Box 10 by specifying ‘exclusively home-produced cows’ milk';3. Box 16 by specifying the period for which the quota is valid.
D. As regards cheese other than Cheddar, intended for processing, listed under
No 43 in Annex I and covered by CN code 0406 90 01:
1. Box 7 by specifying ‘exclusively home-produced cows’ milk';2. Box 16 by specifying the period for which the quota is valid.
E. As regards Tilsit listed under Nos 6 and 7 in Annex IV and covered by CN
code ex 0406 90 25:
1. Box 7 by specifying ‘Tilsit cheese';2. Box 10 by specifying ‘exclusively home-produced cows’ milk';3. Boxes 11 and 12.
F. As regards Kashkaval cheeses listed under No 8 in Annex IV and covered by
CN code 0406 90 29:
1. Box 7 by specifying ‘Kashkaval cheese, made from sheep’s milk, matured
forat least two months, of a minimum dr y mattercontent of 58 %, inwhole cheeses not exceeding 10 kg net, whetherwr apped in plastic ornot';
2. Box 10 by specifying ‘exclusively home-produced sheep’s milk';3. Box 11.
G. As regards cheeses of sheep’s milk or buffalo milk in containers containing
br ine, orin sheep orgoatskin bottles, and ‘Halloumi'cheese listed underNos9, 10 and 11 in Annex IV and covered by CN codes ex 0406 90 31,ex 0406 90 50, ex 0406 90 86, ex 0406 90 87 and ex 0406 90 88:
1. Box 7 by specifying, as appropriate, ‘cheese of sheep’s milk'or ‘cheese of
buffalo milk' and ‘in containers containing brine' or ‘in sheep or goatskinbottles' or, ‘Halloumi' cheese is to be presented in individual plasticpackings of a net content not exceeding 1 kg orin metal orplasticcontainers of a net content not exceeding 12 kg;
2. Box 10 by specifying, as appropriate, ‘exclusively home-produced sheep’s
milk' or ‘exclusively home-produced buffalo milk' or, in the case of‘Halloumi' cheese, ‘home-produced milk';
1998R1374—EN—01.07.1999—001.001—23
▼B
3. Boxes 11 and 12.
H. As regards Jarlsberg and Ridder cheeses listed under No 12 in Annex III A
and covered by CN codes ex 0406 90 39, ex 0406 90 86, ex 0406 90 87 andex 0406 90 88:
or Box 7 by specifying either ‘Jarlsberg cheese' and as appropriate:
— ‘Whole cheeses, with rind, of a net weight of 8 to 12 kg inclusive',— ‘Rectangularblocks of a net weight of not mor e than 7 kg',
or
— ‘Pieces packed in vacuum oriner t gas, of a net weight of at least 150
g and not more than 1 kg',
‘Ridder cheese', and as appropriate:
— ‘Whole cheeses, with rind, of 1 kg to 2 kg',
or
— ‘Pieces packed in vacuum or inert gas, with rind on at least one side,
of a net weight of at least 150 g';
2. Box 11 by specifying as appropriate ‘at least 45 %' or ‘at least 60 %';3. Box 14 by specifying as appropriate ‘at least three months' or ‘at least
fourmonths'.
I. As regards whey cheese listed under No 12 in Annex III A and covered by
CN codes ex 0406 10 20 and ex 0406 10 80:
1. Box 7 by specifying ‘whey cheese'.
1998R1374 —EN—01.07.1999—001.001—24▼M1
Issuing agency
Third country CN code and description
Name LocationANNEX VII
ISSUING AGENCIES
Australia 0406 90 01 Cheddarand othercheese forpr ocessing Australian Quarantine Inspection Service
Department of Agriculture, Fisheries and ForestryPO Box 60 World Trade Centre
Melbourne, VIC 3005
0406 90 21 CheddarAustralia
Tel.: (61 3) 92 46 67 10Fax: (61 3) 92 46 68 00
Canada 0406 90 21 Cheddar Canadian Dairy Commission
Commission canadienne du laitOttawa1525 Carling Avenue Suite 300
Tel.: (1 613) 998 44 92Fax: (1 613) 998 44 92
Cyprus ex 0406 90 29 Kashkaval Ministry of Commerce, Industry and Tourism 1421 Nicosia
0406 90 31
ex 0406 90 50Cheeses of sheep’s milk orbuffalo milkCyprus
Tel.: (02) 86 71 00Fax: (02) 37 51 20
ex 0406 90 86
ex 0406 90 87ex 0406 90 88Halloumi
Hungary ex 0406 90 29 Kashkaval Tejtermékek Magyar Allamí Elenörzö Allomasa Budapest
0406 90 31
0406 90 50Cheeses of sheep’s milk orbuffalo milk
Israel ex 0406 90 29 Kashkaval Ministry of Industry and Trade, Food Division Jerusalem
0406 90 31
0406 90 50Cheeses of sheep’s milk orbuffalo milk
Norway ex 0406 10 20
ex 0406 10 80
0406 30
ex 0406 90 39Whey cheese
Processed cheeseJarlsbergRidderTine Norwegian Dairies BA PO Box 9051 Grønland0133
Oslo
Tel.: 22 93 88 00Fax: 22 17 23 75
1998R1374—EN—01.07.1999—001.001—25▼M1
Issuing agency
Third country CN code and description
Name Location
ex 0406 90 86
ex 0406 90 87ex 0406 90 88O. Kavli AS Postboks 338N — 5051
NesttunTel.: 55 10 00 00Fax: 55 10 15 00
New Zealand 0405 10 11 Butter New Zealand Dairy Board PO Box 417
0405 10 19 ButterWellington
New Zealand
0406 90 01 Cheddarand othercheese forpr ocessingTel.: (4) 471 83 00
0406 90 21 CheddarFax: (4) 41 78 600
Romania 0406 90 25 Tilsit Organisatia de control al marfurilor ‘Romcontrol' Bucharest
ex 0406 90 29 Kashkaval
0406 90 31
0406 90 50Cheeses of sheep’s milk orbuffalo milk
Yugoslavia ex 0406 90 29 Kashkaval
0406 90 31
0406 90 50Cheeses of sheep’s milk orbuffalo milk
1998R1374—EN—01.07.1999—001.001—26
▼M1
ANNEX VIII
APPLICATION OF ARTICLE 14
(Page / )
COMMISSION OF THE EUROPEAN COMMUNITIES
DG VI/D/1 — MILK AND MILK PRODUCTS
APPLICATIONSFORIMPORTLICENCESATREDUCEDDUTIES ...THREE-MONTHPERIOD
Member State:Date:
Commission Regulation (EC) No 1374/98
Consigner:
Contact:Telephone:Fax:
Part I: Summary
Order number
in Annex 7 to
the Combined
NomenclatureCN code Quantity applied for per CN code
Subtotal
Part II: Applications per order number
Serial numbers of applications:Total quantity applied for (tonnes):Number of pages:
1998R1374—EN—01.07.1999—001.001—27
▼B
ANNEX IX

1998R1374—EN—01.07.1999—001.001—28
▼B
ANNEX X