1998R1374 — EN — 01.10.2000 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1374/98
of29June1998
layingdowndetailedrulesfortheapplicationoftheimportarrangementsandopeningtariffquotas
formilkandmilkproducts
(OJ L 185, 30.6.1998, p. 21)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 1339/1999 of 24 June 1999 L 159 22 25.6.1999
►M2 Commission Regulation (EC) No 2809/1999 of 23 December 1999 L 340 77 31.12.1999
►M3 Commission Regulation (EC) No 249/2000 of 1 February 2000 L 26 4 2.2.2000
►M4 Commission Regulation (EC) No 970/2000 of 8 May 2000 L 112 27 11.5.2000
►M5 Commission Regulation (EC) No 1491/2000 of 7 July 2000 L 168 10 8.7.2000
►M6 Commission Regulation (EC) No 1998/2000 of 21 September 2000 L 238 28 22.9.2000
Corrected by:
►C1 Corrigendum, OJ L 163, 4.7.2000, p. 38 (970/2000)
►C2 Corrigendum, OJ L 192, 28.7.2000, p. 44 (970/2000)
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).
▼B
COMMISSIONREGULATION(EC)No1374/98
of29June1998
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 products (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 CXL drawn
up in the wake of the conclusion of the GATT XXIV.6 negotiations (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 amendingRegulation (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
products under the ‘current acess’ and ‘minimum access’ arrangements;
whereas those quotas should be opened; whereas rules should be laiddown 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 productsimported under the quotas conform to the product description laid downand that the tariff quotas are complied with, use should be made of the
arrangements under which certificates are issued on the responsibility of
the exporter country;
Whereas certain special conditions previously applied to imports
authorised under special arrangements should be applied to imports ofNew Zealand butter under the quota provided for in the Agreement inorder 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 andequitable 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 thesubmission of licence applications; whereas the quotas should be spreadout over the year and the procedure for the allocation of licences andtheir period of validity should be laid down; whereas this type of
management requires close cooperation between the Member States and
the Commission;
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 quota1998R1374 — EN — 01.10.2000 — 005.001 — 2
(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.
▼B
arrangements; whereas checks on the description of the products
concerned and, where appropriate, on compliance with the quota may bemade on the basis of the system of certificates issued by the exporter
country; whereas, however, in the case of imports from Switzerland
under 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 for
agricultural products (
1), import checks are based solely on Community
import licences;
Whereas the special provisions of this Regulation are either supple-
mentary to, or derogate from Regulation (EEC) No 3719/88 of 16
November 1988 laying down common detailed rules for the applicationof the system of import and export licences and advance fixingcertificates for agricultural products (
2), as last amended by Regulation
(EC) No 1044/98 (3);
Whereas, in order to permit the timely submission of licence
applications in respect of the quotas opened by this Regulation,provision should be made for its entry into force on the day following
that of its publication;
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:
CHAPTERI
General arrangements
Article 1
Without prejudice to Title II of Regulation (EC) 1291/2000, all imports
into the Community of any of the products referred to in Article 1 ofRegulation (EC) No 1255/1999 (hereinafter referred to as ‘milkproducts’) shall be subject to the presentation of an import licence.
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 for the product 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 end of the
third month following.
5. The licence shall be issued on the first working day following the
day on which the application is submitted.1998R1374 — EN — 01.10.2000 — 005.001 — 3
(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.▼M6
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Article 3
Classification of cheeses under CN 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 for other third countries.
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 Chapter II;
(b) the 12-month period beginning on 1 July for the arrangements
referred to in section 2 of Chapter II.
CHAPTERII
Tariffquotaarrangements
Section 1
ImportsofmilkproductsundertariffquotasreferredtointheGATT/WTO
Agreementsopenedforspecifiedcountriesoforigin
Article 5
The section shall apply to certain tariff quotas for milk products referred
to in the Agreements concluded under the Uruguay Round ofmultilateral trade negotiations (hereinafter referred to as ‘the Agree-ment’) 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 a corresponding
IMA 1 certificate, for the total net quantity indicated therein fulfillingthe conditions laid down in Article 9(9) or in Chapter IV as appropriate;it shall bear the number and date of issue of that correspondingcertificate.
Except in the case of butter referred to in Article 5 and reduced duty
imports referred to in Annex IV, the import licence may only be issuedfollowing verification by the competent authority that the provisions in
Article 28(1)(f) have been respected. The licence issuing authority shall
send to the Commission by fax a copy of the IMA 1 certificate lodgedwith each import licence application on the day it is lodged and by 18.00at the latest. The licence issuing authority shall issue the import licenceon the fourth working day following provided the Commission has nottaken any special measures before that date.
The competent import licence issuing authority shall retain a copy of
each IMA 1 presented.
2. The period of validity of the IMA 1 certificate shall be from its
date of issue up to the end of the eighth month following, but in no casemay it extend beyond the validity of its corresponding import licencenor the 31 December of the year of import for which it is issued.1998R1374 — EN — 01.10.2000 — 005.001 — 4
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3. From 1 November of each year IMA 1 certificates valid from the
following 1 January may be issued for quantities covered by the quotafor the year of import. However import licence applications shall only be
lodged from the first working day of the year of import.
4. The circumstances under which an IMA 1 certificate may be
cancelled, amended, replaced or corrected are indicated in Annex XIII.
5. By way of derogation from Article 8(4) of Regulation (EEC) No
3719/88, the quantity imported may not exceed that shown in boxes 17and 18 of the import licence. To that end, the figure ‘0’ shall be enteredin box 19 of the licence.
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;
(d) in box 19 the figure ‘0’ shall be indicated;
(e) in box 20 the serial number of the IMA 1 certificate and its date of
issue in one of the following ways:
— Válido si va acompañado del certificado IMA 1 n
o… expedido
el …
— Kun gyldig ledsaget af IMA 1-certifikat nr. …, udstedt den …— Nur gültig in Verbindung mit der Bescheinigung IMA 1 Nr. …,
ausgestellt am …
—Έγκυρο µόνο εφόσον συνοδεύεται από το πιστοποιητικό
ΙΜΑ 1 αριθ. …που εξεδόθη στις …
— Valid if accompanied by the IMA 1 certificate No … issued on
…
— Valable si accompagné du certificat IMA 1 n
o…, délivré le …
— Valido se accompagnato da un certificato IMA 1— Geldig indien vergezeld van een certificaat IMA 1 nr. … dat is
afgegeven op …
— Válido quando acompanhado do certificado IMA 1 com o
número … emitido …
— Voimassa vain … myönnetyn IMA 1 -todistuksen N:o … kanssa
— Gäller endast tillsammans med IMA 1-intyg nr … utfärdat den
…
2. The licence shall carry an obligation to import from the country of
origin indicated.
Article 9
1. The special rules set out in this Article shall apply to New Zealand
butter subject to the tariff quota referred to in Article 5.
For the purpose of implementing the tariff quota referred to in the first
subparagraph, ‘at least six weeks old’ shall be interpreted as meaning atleast six weeks old on the date a declaration for release for freecirculation is presented to customs.
2. By way of derogation from Article 2(2), the security shall be
EUR 5 per 100 kilograms net of product.
3. Import licence applications may be submitted only in the United
Kingdom.1998R1374 — EN — 01.10.2000 — 005.001 — 5
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The United Kingdom shall monitor all IMA 1 certificates issued,
cancelled, amended, corrected, or in respect of which copies wereissued. It shall ensure that the total quantity in respect of which import
licences are issued does not exceed the quota for any year of import.
4. An import licence, for endorsement in accordance with Article 22
of Regulation (EEC) No 3719/88, shall be used for a single customs
declaration for release for free circulation and shall cover a single lot. If
the quantity released into free circulation is lower than the quantityindicated in boxes 17 and 18 of the import licence, the security relatingto the unreleased part shall be forfeited, and the licence in question maynot be used to import any further quantity.
5. Where the compositional requirements are not met for the butter
subject to the tariff quota referred to in Article 5 no preferentialtreatment shall be given for the whole lot. Where a declaration forrelease into free circulation has been accepted, customs shall, on
determining non-conformity, collect the import duty set in Annex I to
Council Regulation (EEC) No 2658/87 (
1), attribute the quantity in box
29 of the import licence and send it to the import licence issuingauthority which shall amend it with a view to converting it into a fullduty import licence.
By way of derogation from Article 24 of Regulation (EEC) No 3719/88,
the competent licence issuing authority shall endorse the licence in box20 with one of the following:
— Certificado de importación con tipo reducido para el producto con el
número de orden … que se ha convertido en un certificado de
importación con tipo pleno para el que se adeudaba, y se ha abonado,
el tipo de derecho de …/100 kg; certificado ya anotado
— Ændret fra en importlicens med nedsat toldsats for et produkt under
nr. … til en importlicens med fuld toldsats, hvor den skyldige
importtold på …/100 kg er betalt; licensen er allerede afskrevet
— Umwandlung einer Einfuhrlizenz zum ermäßigten Zollsatz für das
Erzeugnis mit der lfd. Nr. … in eine Einfuhrlizenz zum vollenZollsatz von …/100 kg, der entrichtet wurde; Lizenz abgeschrieben
—Μετατροπή από πιστοποιητικό εισαγωγής µε µειωµένο δασµό
για προϊόν βάσει του αύξοντος αριθµού …σε πιστοποιητικό
εισαγωγής µε πλήρη δασµό για το οποίο το ποσοστό δασµούποσού …/100 kg οφείλετο και πληρώθηκε ·το πιστοποιητικό
ήδη χορηγήθηκε
— Converted from a reduced duty import licence for product under
order No … to a full duty import licence on which the rate of duty of…/100 kg was due and has been paid; licence already attributed
— Certificat d'importation à droit réduit pour le produit correspondant
au n
od'ordre …, converti en un certificat d'importation à taux plein,
pour lequel le taux du droit applicable de …/100 kg a été acquitté;certificat déjà imputé
— Conversione da un titolo d'importazione a dazio ridotto per il
prodotto del n. d'ordine … ad un titolo d'importazione a dazio pieno,
per il quale è stata pagata l'aliquota di …/100 kg; titolo già attribuito
— Invoercertificaat met verlaagd recht voor onder volgnummer …
vallend product omgezet in een invoercertificaat met volledig rechtwaarvoor het recht van …/100 kg verschuldigd was en is betaald;
hoeveelheid reeds op het certificaat afgeschreven
— Obtido por conversão de um certificado de importação com direito
reduzido para o produto com o número de ordem … num certificadode importação com direito pleno, relativamente ao qual a taxa de
direito aplicável de …/100 kg foi paga; certificado já imputado
— Muutettu etuuskohteluun oikeuttavasta kiintiötuontitodistuksesta
vakiotuontitodistukseksi tavaralle, joka kuuluu järjestysnumeroon… ja josta on kannettu tariffin mukainen tulli …/100 kg;vähennysmerkinnät tehty1998R1374 — EN — 01.10.2000 — 005.001 — 6
(1) OJ L 256, 7.9.1987, p. 1.
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— Omvandlad från importlicens med sänkt tull för produkt med
löpnummer … till importlicens med hel tullavgift för vilken gällandetullsats …/100 kg har betalats. Redan avskriven licens.
The licence authority shall modify all counting data to take this
amendment into account. The customs authority shall ensure theappropriate modifications are carried out to the trade and the ownresources accounting.
6. For the purposes of monitoring the quantities of the tariff quota
referred to in paragraph 1, account shall be taken of all quantities forwhich declarations for release for free circulation have been acceptedduring the quota period concerned.
7. Member States shall notify the Commission, by 31 January
following the end of a given quota year, of the definitive monthlyquantities and the total quantity for that quota year of butter for whichdeclarations for release for free circulation have been accepted under the
tariff quota referred to in paragraph 1 during the previous quota year.
The monthly notification shall be made by the 10th of the monthfollowing that during which the declarations for release for freecirculation have been accepted.
By 28 February of each year, the United Kingdom shall communicate to
the Commission, in respect of the tariff quota referred to in paragraph 1
for the previous quota year, the quantity of butter for which a securityhas been lodged and the quantity of butter released into free circulationin respect of which the security has been released. In the case where thecomplete data is not available on 28 February it shall be completed
without undue delay.
8. The United Kingdom shall communicate to the Commission by 31
January following the end of each quota year on the basis of the datareferred to in Article 28(1)(g) a detailed inventory for the quota year ofeach IMA 1 issued, its identification number and the quantity covered by
it together with the total number of certificates and the total quantity
covered by them for the year. It shall include all the relevant details ofany cancellation, correction or amendment to any IMA 1 and of anycopy of an IMA 1 issued.
9. The rules to be followed concerning the completion of the IMA 1
certificate, the monitoring of the weight and fat content of the butter,and the consequences of such monitoring are set out in Annex XI.
The typical process standard deviation of the fat content referred to in
point 1(e) of Annex XI notified in accordance with Article 28(1)(e) shall
be approved by the Commission and the list shall be communicated tothe Member States together with their date of entry into force for thepurpose of issuing IMA 1 certificates. The typical process standarddeviation shall be valid for at least one year unless exceptionalcircumstances, brought to the attention of the Commission by the New
Zealand issuing agency, justify a modification, which must be approved
by the Commission. Each modified or additional typical processstandard deviation approved by the Commission shall be communicatedto the Member States together with the entry into force date for thepurpose of issuing IMA 1 certificates.
10. Member States shall communicate the results of the monitoring
carried out under Annex XI to the Commission using the standard formset out in Annex XII for each quarter by the 10th of the followingmonth.
Article 10
At all stages of marketing New Zealand butter imported into the
Community pursuant to this section shall state its New Zealand origin onits packaging and on the corresponding invoice or invoices.
By way of derogation from the first subparagraph, where New Zealand
butter is blended with Community butter and where the blended butter isintended for direct consumption and is put up in packages of 500 gramsor less, the blended butter need only state its New Zealand origin on thecorresponding invoice.1998R1374 — EN — 01.10.2000 — 005.001 — 7
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In either case, the invoice shall also state: ‘Butter imported under Article
5 of Commission Regulation (EC) No 1374/98: not eligible for the grantof aid for butter referred to in Article 1(1) of Commission Regulation
(EEC) No 429/90 nor for aid for butter referred to in Article 1(2)(a) of
Commission Regulation (EC) No 2571/97 nor for the grant of exportrefund in conformity with Article 31(10) and (11) of Council Regulation(EC) No 1255/1999 except where provided for in paragraph 12 thereofand in Article 7(a) of Commission Regulation (EC) No 1222/94’.
Section 2
ImportsofmilkproductsundertariffquotasreferredtointheGATT/WTO
Agreementsopenedforunspecifiedcountriesoforigin
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 two equal parts for the six-month periods commencing on 1
July and 1 January of each year.
Article 13
1. At the time that import licence applications are submitted,
applicants must prove to the satisfaction of the competent authoritiesof the Member State concerned that they have regularly imported into
the Community and/or exported from the Community milk or milk
products during the preceding 12 months. However, retail establish-ments or restaurants selling their products to final consumers areexcluded from these 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 befor a minimum of 10 tonnes and a maximum of 25 % of the quantity ofthe product or products concerned available for each period as referred
to 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 water content, 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) no1374/98, 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 artikla1998R1374 — EN — 01.10.2000 — 005.001 — 8
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— 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 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 Member State. In the event that an applicant submits more thanone application for the same product, all applications from that applicantshall be invalid.
3. The Member States shall notify the Commission, on the fifth
working day following the end of the application period, of applicationssubmitted for each of the products 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 of
applications, shall be made by telex or fax on the working day
stipulated, in accordance with the specimen in Annex VIII where noapplication has been made and with the specimens in Annexes VIII andIX where 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 factor to 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 following
period 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
applications. In such cases, they shall notify the competent authority
within three working days of publication of the Commission decisionfixing the allocation factor, whereupon their security shall immediatelybe released. The competent authority shall notify the Commission,within four working days of publication of the decision, of the quantitiesfor which applications have been withdrawn and for which the security
referred to in Article 16 has been released.
Article 15
Nothwithstanding Article 2(4), import licences shall be valid for 150
days from the actual day of issue pursuant to Article 21(2) of Regulation
(EEC) No 3719/88.
However, the period of validity of licences may not extend beyond 30
June following the date of issue referred to in the first paragraph.
Import licences issued pursuant to this section may be transferred only to
the natural or legal persons fulfilling the conditions under Article 13(1).1998R1374 — EN — 01.10.2000 — 005.001 — 9
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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 in
boxes 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
internationalagreements
Article 18
1. Paragraphs 2 and 3 shall apply to imports of milk products from
Norway under the EEA Agreement.
2. The milk products and the duties applicable shall be as set out in
Annex III. A.
3. Articles 7 and 8 shall apply mutatis mutandis .
Article 19
1. This Article shall apply to milk products imported under the tariff
quotas referred to in:
— Annex I to Protocol 1 to Decision No 1/98 of the EC-Turkey
Association Council,
— Annex IV to the Agreement between the European Community and
the Republic of South Africa.
2. The milk products and the duties applicable shall be:
— for Turkey, those set out in Annex III.B,
— for the Republic of South Africa, those set out in Annex III.C.
3. The quantities set out in Annex III.B and C for each year shall be
divided into two equal parts for the half-year periods commencing on 1
January and 1 July.
4. The period of validity of licences may not extend beyond 31
December following the date of issue within the meaning of Article
21(1) of Regulation (EEC) No 3719/88. Import licences issued pursuant
to this Article shall not be transferable.
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 may not exceed the quantity available foreach 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 the
period for submission of applications, of applications lodged for
each of the products listed in Annex III.B and C. Such notificationshall comprise the list of applicants and the quantities applied for byCN code. All notifications, including notification of no applications,shall be made by telex or fax on the working day stipulated, inaccordance with the specimen in Annex X.1998R1374 — EN — 01.10.2000 — 005.001 — 10
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CHAPTERIII
Non-quotapreferential importarrangements
Article 20
This Chapter shall apply to certain milk products imported from third
countries under special arrangements concluded between those countriesand the Community, or under autonomous concessions, at reduced dutieswithout restriction.
Article 21
The milk products referred to in Article 20 and the duties applicable
shall be as set out in Annex IV.
Article 7 shall apply mutatis mutandis .
Article 23
1.►M4By way of derogation from Article 7: ◄
(a) paragraphs 2, 3 and 4 shall apply to imports coming from
Switzerland under the special arrangement concluded between that
country and the Community;
(b) paragraphs 2 and 4 shall apply:
(i) to imports of milk products as referred to in Annex I to Protocol
1 to Decision No 1/98 of the EC-Turkey Association Council,except for imports provided for in Article 19(1) of this
Regulation;
(ii) to imports of milk products as referred to in Annex IV to the
Agreement between the European Community and the Republicof South Africa (
1), except for 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 to
0406 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) no1374/98, 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.1998R1374 — EN — 01.10.2000 — 005.001 — 11
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3. For products falling within CN codes 0406 90 02 to 0406 90 06
and for those listed in Annex IV under order Nos 3, 4 and 5, import
licences shall be issued only where the applications are accompanied by
a written declaration by the applicant that the minimum free-at-frontiervalue referred to in the Combined Nomenclature or in Annex IV will becomplied with.
The applicant shall supply, at the request of the competent authorities,
any information and additional supporting documentation which they
may judge necessary with regard to compliance with the minimum free-
at-frontier value and to allow any auditing of accounts required by thoseauthorities. He shall not accept any discount, refund, or any other rebatewhich may lead to the product in question having a value less than theminimum import value fixed for such a product.
In cases of non-compliance with the minimum free-at-frontier value, in
addition to the import duty set in Annex I to Regulation (EEC) No 2658/
87, 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 (
1), for imports from
Switzerland;
(b) Protocol 3 to Decision No 1/98 of the EC-Turkey Association
Council, for imports from Turkey;
(c) Protocol 1 to the Agreement between the European Community and
the Republic of South Africa, for imports from South Africa.
CHAPTERIV
RulesapplicabletoIMA1certificates
Article 24
1. The IMA 1 certificate shall be drawn up according to the specimen
in Annex V, except for butter subject to the tariff quota referred to in
Article 5, in accordance with the conditions laid down in this chapter.
2. The IMA 1 certificate for butter subject to the tariff quota referred
to in Article 5 shall be drawn up according to the specimen in Annex Vain accordance with the conditions laid down in this chapter and inArticle 9(9) of this Regulation.
3. By way of derogation from the conditions laid down in this chapter
for drawing up IMA 1 certificates referred to in paragraph 1 and 2, box 3of the IMA 1 relating to the buyer and box 6 relating to the country of
destination shall not be completed except in the case of Cheddar cheese
provided for under order No 43 of Annex I.
Article 25
1. The dimensions of the form referred to in Article 24 shall be
210×297 mm. The paper used 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 or one of the official languages of the exportingcountry.1998R1374 — EN — 01.10.2000 — 005.001 — 12
(1) OJ L 300, 31.12.1972, p. 189.▼C1
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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, except for butter subject to the tariff quota referred to inArticle 5, the particulars set out in Annex VI.
Article 27
1. The original of the certificate shall be presented, along with the
corresponding import licence and the products to which they relate, to
the custom authorities of the importing Member State at the time of
lodging the declaration for release for free circulation. Without prejudiceto Article 7(2) it shall be presented during the period of validity of thecertificate, except in the case of force majeure .
However, a copy duly authenticated and appropriately identified by the
issuing agency may be presented to the licensing authority and to thecompetent customs authority in the case where the original is lost or
rendered unsuitable for use.
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 and
bear the signature or signatures of the person or persons authorised to
sign 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 assess
the particulars set out in the certificates;
(d) it undertakes for the products listed in Annex I, Annex IIIA and
Annex IV to issue the IMA 1 certificate for the total quantitycovered by it before the product covered by it leaves the territory ofthe country issuing it;
(e) it undertakes to notify the Commission by 1 June 2000 at the latest
of the typical process standard deviation of the fat content, referred
to in Annex XI(1)(e), of the butter subject to the tariff quota referredto in Article 5, manufactured by each producer referred to in AnnexXI(1)(a) according to each product purchasing specification;
(f) it undertakes to send to the Commission, and in the case of butter
referred to in Article 5 to the United Kingdom competent licence
issuing authority also, by fax a copy of each authenticated IMA 1
certificate for the total quantity covered by it on the date of issue butwithin seven days of that date at the latest and, where appropriate,notification of any cancellation, correction or amendment;
(g) as far as New Zealand butter referred to in Article 5 is concerned it
undertakes to communicate to the United Kingdom licence issuing1998R1374 — EN — 01.10.2000 — 005.001 — 13
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authority the following information before the 10th of the following
month for each month in the period January to October, and beforeFriday of the following week for each week or part thereof in the
months of November and December, separately for IMA 1
certificates issued for the current and following quota year:
(i) the number of IMA 1 certificates issued in the month or week
concerned, as the case may be, with their identification numbersand the quantities covered by those certificates, together withthe total number of certificates issued and the quantities coveredby them for the quota year in question, and
(ii) notification of the cancellation, correction or amendment of
those IMA 1 certificates or the issuing of copies of IMA 1certificates, as provided for in Annex XIII, paragraphs 1, 2, 4and 5, and in Article 27(1), and all relevant details thereof.
(h) As far as products falling under CN code 0406 are concerned it
undertakes to communicate to the Commission by 15 January foreach order number separately:
(i) the number of IMA 1 certificates issued for the previous quota
year with the identification number of each and the quantity
covered by it together with the total number of certificates
issued and the total quantity covered by them for the quota yearin question, and
(ii) notification of the cancellation, correction or amendment of
those IMA 1 certificates or the issuing of copies of IMA 1
certificates, as provided for in Annex XIII, paragraphs 1 to 5,
and in Article 27(1), and all the relevant details thereof.
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.
CHAPTERIV a
Control provisions applicable to imports under Chapter II and
Chapter III of this Regulation and to imports pursuant to
CommissionRegulation(EC)No2508/97 (1)
Article 29 a
1. The Community customs offices where the products are declared
for release for free circulation into the Community shall carry out:
(a) scrutiny of the documents submitted in support of a declaration for
release for free circulation claiming reduced tariff treatment, and
(b) physical checks on the products, on the basis of documents referred
to under point (a).
2. Member States shall take the necessary measures to establish a
system to carry out the physical checks under paragraph 1(b) withoutprior warning, according to a risk analysis assessment.
However, up to the end of the third calendar year following entry into
force of this Regulation the system shall ensure that at least 3 % of thedeclarations for release for free circulation by Member State percalendar year are physically checked. However, for the period 1 July to31 December 2000 this percentage shall be replaced by 1,5 %.1998R1374 — EN — 01.10.2000 — 005.001 — 14
(1) OJ L 345, 16.12.1997, p. 31.▼B
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When calculating the minimum rate of physical controls to be carried
out Member States may opt to disregard import declarations involvingquantities not exceeding 500 kg.
3. Commission Regulation (EC) No 1854/96 (
1) shall apply as regards
reference methods to be applied for the analysis of the products providedfor in this regulation to determine their conformity as regardscomposition with the declaration for release for free circulation.
4. Each customs office shall produce a detailed examination account
on each physical check carried out. The examination account shall bearthe examination date and shall be retained for at least three calendar
years.
5. Where a physical check has been carried out box 32 of the import
licence or the message box in the case of an electronic licence shall beendorsed with one of the following entries:
— Se ha realizado el control material (Reglamento (CE) n
o1374/98)
— Fysisk kontrol (forordning (EF) nr. 1374/98)— Warenkontrolle durchgeführt [Verordnung (EG) Nr. 1374/98]—Πραγµατοποιήθηκε φυσικός έλεγχος [Κανονισµός (ΕΚ) αριθ.
1374/98]
— Physical check carried out (Regulation (EC) No 1374/98)— Contrôle physique effectué [règlement (CE) n
o1374/98]
— Controllo físico effettuato [regolamento (CE) n. 1374/98]
— Fysieke controle uitgevoerd (Verordening (EG) nr. 1374/98)— Controlo fisico em conformidade com [Regulamento (CE) n.
o1374/
98]
— Fyysinen tarkastus suoritettu (asetus (EY) N:o 1374/98)— Fysisk kontroll utförd (förordning (EG) Nr 1374/98)
Within 20 working days from the date of carrying out the physical
check, the results of the first analysis shall be determined by customs.Within 10 working days from the date of establishing the definitive non-conforming results, these results, and where appropriate, the licenceshall be sent to the competent licence issuing authority.
Without prejudice to Article 248 of Commission Regulation (EEC) No
2454/93 (
2) in the case where a physical check for composition has been
carried out prior to the presentation of the endorsed import licencepursuant to Article 31(1)(a) of Regulation (EEC) No 3719/88 thesecurity shall be released.
6. Each case of non-conformity with the declaration for release for
free circulation shall be notified to the Commission within 10 working
days of such non-conformity being determined by customs.
Article 29 b
1. For the purpose of monitoring the quantities of the tariff quotas to
which this chapter applies, account shall be taken of all quantities for
which declarations for release for free circulation have been acceptedduring the quota period concerned.
2. Member States shall notify the Commission by 15 March
following each quota year ending on 31 December and by 15 Septemberfollowing each quota year ending on 30 June, separately for each quota,
and country of origin, except for butter referred to in Article 5, of the
definitive total quantity for the quota year for which declarations forrelease for free circulation have been accepted in that Member State.1998R1374 — EN — 01.10.2000 — 005.001 — 15
(1) OJ L 246, 27.9.1996, p. 5.
(2) OJ L 253, 11.10.1993, p. 1.
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CHAPTERV
General andfinalprovisions
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 30 a
1. The provisions of this Article shall apply to provide for the
transition to the system established by this Regulation following its
amendment by Regulation (EC) No 970/2000.
2. From 1 July 2000 until 31 August 2000, IMA 1 certificates issued
before 1 July 2000 may be used for the purpose of presenting NewZealand butter and cheese for release into free circulation in theCommunity.
3. The validity of IMA 1 certificates issued before 1 July 2000 and
the validity of import licences issued on presentation of such IMA 1
certificates for the products under order Nos 35, 40 and 42 of Annex Ioriginating in New Zealand shall not extend beyond 31 August 2000.
4. The issue of an import licence on presentation of an IMA 1
certificate issued by the New Zealand Ministry of Agriculture andForestry's Food Assurance Authority from 1 July 2000 onwards for the
products under order Nos 35, 40 and 42 of Annex I originating in New
Zealand, may only take place from 1 September 2000 on the basis oflicence applications lodged from that date.
5. The import licence issuing authority of each Member State which
has issued import licences for the products under order Nos 35, 40 and42 in Annex I originating in New Zealand for the quota period 1 January
to 31 December 2000 shall request the New Zealand Dairy Board to
provide a detailed inventory of IMA 1 certificates issued before 1 July2000, of their use for obtaining an import licence and of their use forreleasing products into free circulation in the Community before 1September 2000. The IMA 1 issuing agency and the import licence
issuing authority shall use this information to determine the quantity in
respect of which IMA 1 certificates may be issued for the period from 1July to 31 December 2000 which may be used to obtain import licenceswhich may be used for release into free circulation in the Communityfrom 1 September to 31 December 2000.
6. Each Member State's import licence issuing authority shall, before
issuing import licences from 1 September 2000, confirm with the New
Zealand Ministry of Agriculture and Forestry's Food Assurance
Authority separately for each of the products under order Nos 35, 40and 42, in respect of the quota period 1 January to 31 December 2000:
— the quantity in respect of which IMA 1 certificates have been issued
before 1 July 2000,
— the quantity covered by those IMA 1 certificates which has been
released into free circulation in the Community before 1 September2000,
— the quantity for which it may issue IMA 1 certificates for the period
from 1 July to 31 December 2000.
7. Member States shall communicate to the Commission for the quota
period from 1 January to 31 December 2000:
— by 5 July 2000 the quantity in respect of which IMA 1 certificates
have been issued before 1 July 2000 for products under order Nos 35,40 and 42 separately,
— by 5 September 2000 the quantity in respect of which import
licences have been issued up to 31 August 2000 on presentation ofthe IMA 1s referred to in the first indent, separately for each ordernumber,
— by 15 September 2000 the quantity in respect of which a declaration
for release for free circulation in the Community has been accepted1998R1374 — EN — 01.10.2000 — 005.001 — 16
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before 1 September 2000 using IMA 1s and import licences referred
to in the first and second indents respectively, separately for eachorder number,
— by 15 September 2000 the details of the confirmation referred to in
paragraph 6.
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 enter into force 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 Member States.1998R1374 — EN — 01.10.2000 — 005.001 — 17
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ANNEX I
TARIFFQUOTASPURSUANTTOTHEGATT/WTOAGREEMENTSSPECIFIEDBYCOUNTRYOFORIGIN
(Calendaryear)
Order number in
Annex 7 to the
Combined Nomencla-
ture (TARIC order
number)CN code Description Country of originQuota quantity
(annual)
(tonnes)Import duty
(EUR/100 kg net
weight)Rules for completing
IMA 1 certificates
35
(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 cream without the use of stored materials, in a single,
self-contained and uninterrupted processNew Zealand 76 667 86,88 see Annex XI
ex 0405 10 30 Butter, 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 cream without the use of stored materials, in a single,
self-contained and uninterrupted process which may involve the
cream passing through a stage of concentrated milkfat and/or the
fractionation of such milkfat (the processes referred to as
‘Ammix’ and ‘Spreadable’)
40
(09.4515)0406 90 01 Cheese for processing (1) New Zealand 4 000 17,06 see Annex VI(C)
and (D) Australia 500 17,06
42
(09.4514)ex 0406 90 21 Whole Cheddar cheeses (of the conventional flat cylindrical
shape of a net weight of not less than 33 kg but not more than
44 kg and cheeses in cubic blocks or in parallelepiped shape, of
a net weight of 10 kg or more) of a fat content of 50 % or more
by weight in the dry matter, matured for at least three monthsNew Zealand 7 000 17,06 see Annex VI(B)
Australia 3 250 17,06▼M41998R1374 — EN — 01.10.2000 — 005.001 — 18
Order number in
Annex 7 to the
Combined Nomencla-
ture (TARIC order
number)CN code Description Country of originQuota quantity
(annual)
(tonnes)Import duty
(EUR/100 kg net
weight)Rules for completing
IMA 1 certificates
43
(09.4513)ex 0406 90 21 Cheddar made from unpasteurised milk, of a fat content of 50 %
or more, by weight, in the dry matter, matured for at least nine
months, with a free-at-frontier (2) value per 100 kg net, of not
less than:
— EUR 334,20 in whole cheeses
— EUR 354,83 for cheeses of a net weight of not less than 500 g
— EUR 368,58 for cheeses of a net weight less than 500 g
The 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 or parallelepipeds, of a net weight of 10 kg or
moreCanada 4 000 13,75 see Annex VI(A)
(1) Utilisation 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 an d insurance costs to the customs territory of the Community.▼M41998R1374 — EN — 01.10.2000 — 005.001 — 19
ANNEX II
TARIFFQUOTASPURSUANTTOTHEGATT/WTOAGREEMENTS,NOTSPECIFIEDBYCOUNTRYOFORIGIN
(GATT/WTOyear)
Order number in
Annex 7 to the
Combined Nomencla-
ture
(TARIC order
number)CN code Description Country of originQuota quantity
(tonnes)Import duty
(EUR/100 kg net
weight)Annual Half-yearly
33
(09.4590)0402 10 19 Skimmed milk powder all third countries 68 000 34 000 47,50
34
(09.4599)0405 10 11
0405 10 19
0405 10 30
0405 10 50
0405 10 90
0405 90 10 (*)
0405 90 90 (*)Butter and other fats and oils derived from milk all third countries 10 000 5 000 94,80
in butter equivalent
36
(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, by weight, of 52 % or more, and of a fat content
by weight in the dry matter of 38 % or moreall third countries 5 300 2 650 13,00
37
(09.4592)ex 0406 30 10 Processed Emmental all third countries 18 400 9 200 71,90
0406 90 13 Emmental 85,80
38
(09.4593)ex 0406 30 10 Processed Gruyère all third countries 5 200 2 600 71,90
0406 90 15 Gruyère, Sbrinz 85,80
39
(09.4594)0406 90 01 Cheese for processing (1) all third countries 20 000 10 000 83,50
41
(09.4595)0406 90 21 Cheddar all third countries 15 000 7 500 21,00▼M51998R1374 — EN — 01.10.2000 — 005.001 — 20
Order number in
Annex 7 to the
Combined Nomencla-
ture
(TARIC order
number)CN code Description Country of originQuota quantity
(tonnes)Import duty
(EUR/100 kg net
weight)Annual Half-yearly
44
(09.4596)ex 0406 10 20 Fresh (unripened or uncured) cheese, including whey cheese,
and curd, other than pizza cheese of order No 36all third countries 19 500 9 750 92,60
ex 0406 10 80 106,40
0406 20 90 Other grated or powdered cheese 94,10
0406 30 31 Other processed cheese 69,00
0406 30 39 71,90
0406 30 90 102,90
0406 40 10
0406 40 50
0406 40 90Blue-veined cheese 70,40
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 Edam0406 90 25 Tilsit
0406 90 27 Butterkäse
0406 90 29 Kashkaval0406 90 31 Feta, of sheep's milk or buffalo milk0406 90 33 Feta, other
0406 90 35 Kefalo-Tyri
0406 90 37 Finlandia0406 90 39 Jarlsberg0406 90 50 Cheese of sheep's milk or buffalo milk
ex 0406 90 63 Pecorino 94,10
0406 90 69 Other0406 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▼M51998R1374 — EN — 01.10.2000 — 005.001 — 21
Order number in
Annex 7 to the
Combined Nomencla-
ture
(TARIC order
number)CN code Description Country of originQuota quantity
(tonnes)Import duty
(EUR/100 kg net
weight)Annual Half-yearly
ex 0406 90 81 Cheshire, Wensleydale, Lancashire, Double Gloucester, Blarney,
Colby, Monterey
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.▼M51998R1374 — EN — 01.10.2000 — 005.001 — 22
ANNEX III
TARIFFQUOTASPURSUANTTOOTHERINTERNATIONALAGREEMENTS
A. NORWAY
(Calendaryear)
Order number (TARIC
order number)CN code Description Country of originQuota quantity
(annual) (tonnes)Import duty (ECU/
100 kg net weight)Rules for completing
IMA 1 certificates
12
(09.4597)ex 0406 90 39
ex 0406 90 86
ex 0406 90 87
ex 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
— Rectangular blocks of a net weight not exceeding 7 kg (1)
— Pieces packed in vacuum or inert 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 four weeks:
— 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 follo wing particulars:
— the name of the cheese,
— the fat content by weight in the dry matter,— the packer responsible,— the country of origin of the cheeses.▼B1998R1374 — EN — 01.10.2000 — 005.001 — 23
B. TURKEY
(Calendaryear)
Serial number (TARIC
order number)CN code Description Country of originQuota (tonnes)Import duty (ECU/100
kg net weight)annual half-yearly
13
(09.4101)0406 90 29 Kashkaval cheese Turkey 1 500 750 0
ex 0406 90 31 Cheese made exclusively from sheep's milk or buffalo milk, in
containers containing brine, or in sheep's or goatskin bottles
ex 0406 90 50 Other cheese made exclusively from sheep's milk or buffalo
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▼B1998R1374 — EN — 01.10.2000 — 005.001 — 24
C. SOUTH AFRICA
(Calendaryear)
Serial number
(TARIC order number)CN code Description (1) Country of origin Year of importationQuota
(tonnes) Import duty
(EUR/100 kg net)
Annual Half-yearly
15
(09.4151)0406 10
0406 20 90
0406 30
0406 40 90
0406 90 01
0406 90 21
0406 90 50
0406 90 69
0406 90 78
0406 90 86
0406 90 87
0406 90 88
0406 90 93
0406 90 99Republic of South
Africa2000 5 000 2 500 0
2001 5 250 2 625
2002 5 500 2 750
2003 5 750 2 875
2004 6 000 3 000
2005 6 250 3 125
2006 6 500 3 250
2007 6 750 3 375
2008 7 000 3 500
2009 7 250 3 625
2010 unlimited unlimited
(1) See Annex I to Regulation (EEC) No 2658/87.▼M21998R1374 — EN — 01.10.2000 — 005.001 — 25
ANNEX IV
NON-QUOTAPREFERENTIALIMPORTARRANGEMENTS
Order No CN code Description Country of originImport duty (ECU/100
kg net weight)Rules for completing
IMA 1 certificates
1 0402 29 11
ex 0404 90 83Special milk, for infants (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 herbsSwitzerland 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 the case 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 per 100 kg net weight
— Pieces packed in vacuum or inert 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 per 100 kg net weightSwitzerland 19,32 —
4 ex 0406 90 13
ex 0406 90 15
ex 0406 90 17
ex 0406 90 18Emmental, 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 per 100 kg net
weightSwitzerland 9,66 —
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 the case 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 per 100 kg net weight
— Pieces packed in vacuum or inert 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 per 100 kg net weight
— Pieces 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 per 100 kg net weight▼B1998R1374 — EN — 01.10.2000 — 005.001 — 26
Order No CN code Description Country of originImport duty (ECU/100
kg net weight)Rules for completing
IMA 1 certificates
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 for retail sale (5); with a free-at-frontier value (3)o f
not less than ECU 289,14 per 100 kg net weight and of a fat content not exceeding 56 % by
weight in the dry matterSwitzerland 43,80 —
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 —
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, whether wrapped in plastic or notCyprus
HungaryIsraelRomaniaBosnia-Herzego-
vina, Croatia,
Slovenia and the
former Yugoslav
Republic of Mace-
donia67,19 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
HungaryIsraelRomania
Bosnia-Herzego-
vina, Croatia,
Slovenia and the
former Yugoslav
Republic of Mace-
donia67,19 See Annex VI (G)
Turkey —▼B1998R1374 — EN — 01.10.2000 — 005.001 — 27▼M1
Order No CN code Description Country of originImport duty (ECU/100
kg net weight)Rules for completing
IMA 1 certificates
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)
(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 d istinctly more solid consistency and a distinctly darker colour’.
(b) ‘Whole Cheddar cheeses’ means:
— whole cheeses of a net weight of not less than 33 kg but not more than 44 kg,
— cubic blocks or parallelepipeds 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 packer responsible,
— 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.▼B1998R1374 — EN — 01.10.2000 — 005.001 — 28
Serial number CN code Description (1) Country of originImport duty as a % of the basic duty
Year
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
14 0401 Republic of South Africa 91 82 73 64 55 45 36 27 18 9 0
0403 10 11
0403 10 130403 10 190403 10 310403 10 33
0403 10 39
0402 91 Republic of South Africa 100 100 100 100 100 83 67 50 33 17 0
0402 99
0403 90 51
0403 90 530403 90 590403 90 61
0403 90 63
0403 90 69
0404 10 48
0404 10 520404 10 54
0404 10 56
0404 10 580404 10 620404 10 720404 10 74
0404 10 76
0404 10 780404 10 820404 10 84▼M21998R1374 — EN — 01.10.2000 — 005.001 — 29
Serial number CN code Description (1) Country of originImport duty as a % of the basic duty
Year
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
0406 10 20/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150for the quantities imported in
excess of the quotas referred to
in Annex III.C0406 10 80
0406 20 900406 300406 40 900406 90 010406 90 210406 90 500406 90 69
0406 90 78
0406 90 860406 90 870406 90 880406 90 930406 90 99
1702 11 00
1702 19 00
2106 90 512309 10 15
2309 10 192309 10 392309 10 592309 10 70
2309 90 35
2309 90 392309 90 492309 90 592309 90 70
(1) See Annex I to Regulation (EEC) No 2658/87.▼M21998R1374 — EN — 01.10.2000 — 005.001 — 30
▼B
ANNEX V
1998R1374 — EN — 01.10.2000 — 005.001 — 31
▼M4
ANNEX V a
►(1)C21998R1374 — EN — 01.10.2000 — 005.001 — 32
▼M4
ANNEX VI
RULESFORCOMPLETINGCERTIFICATES
The following must be completed, in addition to boxes 1, 2, 4, 5, 9, 17 and 18 of
the IMA 1 certificate:
A. As regards Cheddar listed under order No 43 in Annex I and covered by CN
code ex 0406 90 21:
1. box 3 by specifying the buyer;
2. box 6 by specifying the country of destination;3. box 7 by specifying, as appropriate:
— ‘whole Cheddar cheeses’,
— ‘Cheddar cheese other than whole cheeses, of a net weight of not less
than 500 g’,
— ‘Cheddar cheese other than whole cheeses, of a net weight of less than
500 g’;
4. box 10 by specifying ‘exclusively unpasteurised home-produced cows'
milk’;
5. box 11 by specifying ‘at least 50 %’;6. box 14 by specifying ‘at least nine months’;7. boxes 15 and 16 by specifying the period for which the quota is valid.
B. As regards Cheddar cheese listed under No 42 in Annex I and covered by CN
code ex 0406 90 21:
1. box 7 by specifying ‘whole Cheddar cheeses’;
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 40 in
Annex I and covered by CN code ex 0406 90 01:
1. box 7 by specifying ‘whole Cheddar cheeses’;
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
40 in Annex I and covered by CN code ex 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. box 11 and 12.
F. As regards Kashkaval cheeses listed under No 8 in Annex IV and covered by
CN code ex 0406 90 29:
1. box 7 by specifying ‘Kashkaval cheese, made from sheep's milk, matured
for at least two months, of a minimum dry matter content of 58 %, in
whole cheeses not exceeding 10 kg net, whether wrapped in plastic or not’;
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
brine, or in sheep or goatskin bottles, and ‘Halloumi’ cheese listed under Nos
9, 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 goatskin
bottles’ or ‘Halloumi’ cheese is to be presented in individual plastic
packings of a net content not exceeding 1 kg or in metal or plastic
containers of a net content not exceeding 12 kg;1998R1374 — EN — 01.10.2000 — 005.001 — 33
▼M4
2. box 10 by specifying, as appropriate ‘exclusively home-produced sheep's
milk’ or ‘exclusive home-produced buffalo milk’ or, in the case of
‘Halloumi’ cheese, ‘home-produced milk’;
3. box 11 and 12.
H. As regards Jarlsberg and Ridder cheeses listed under No 12 in Annex IIIA and
covered by CN codes ex 0406 90 39, ex 0406 90 86, ex 0406 90 87 and
ex 0406 90 88:
1. box 7 by specifying either ‘Jarlsberg cheese’ and as appropriate:
— ‘Whole cheeses, with rind, of a net weight of 8 to 12 kg inclusive’,
— ‘Rectangular blocks of a net weight of not more than 7 kg’,
or
— ‘Pieces packed in vacuum or inert gas, of a net weight of at least 150 g
and not more than 1 kg’,
or ‘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 four
months’.
I. As regards whey cheese listed under No 12 in Annex IIIA and covered by CN
codes ex 0406 10 20 and ex 0406 10 80:
1. box 7 by specifying ‘whey cheese’.1998R1374 — EN — 01.10.2000 — 005.001 — 34
ANNEX VII
ISSUINGAGENCIES
Third country CN code and descriptionIssuing agency
Name Location
Australia 0406 90 01 Cheddar and other cheese for processing Australian Quarantine Inspection Service
Department of Agriculture, Fisheries and ForestryPO Box 60 World Trade Centre
Melbourne, VIC 3005
Australia
Tel.: (61 3) 92 46 67 10
Fax: (61 3) 92 46 68 000406 90 21 Cheddar
Canada 0406 90 21 Cheddar Canadian Dairy Commission
Commission canadienne du laitOttawa
1525 Carling Avenue Suite 300
Tel.: (1 613) 998 44 92
Fax: (1 613) 998 44 92
Cyprus ex 0406 90 29 Kashkaval Ministry of Commerce, Industry and Tourism 1421 Nicosia
Cyprus
Tel.: (02) 86 71 00
Fax: (02) 37 51 200406 90 31
ex 0406 90 50Cheeses of sheep's milk or buffalo milk
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 or buffalo 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 or buffalo milk
Norway ex 0406 10 20
ex 0406 10 80
0406 30
ex 0406 90 39
ex 0406 90 86
ex 0406 90 87ex 0406 90 88Whey cheese
Processed cheeseJarlsbergRidderTine Norwegian Dairies BA PO Box 9051 Grønland
0133 Oslo
Tel.: 22 93 88 00
Fax: 22 17 23 75
O. KavliAS Postboks 338
N — 5051 Nesttun
Tel.: 55 10 00 00
Fax: 55 10 15 00▼M11998R1374 — EN — 01.10.2000 — 005.001 — 35
Third country CN code and descriptionIssuing agency
Name Location
New Zealand ex 0405 10 11 Butter MAF Food Assurance Authority
Ministry of Agriculture and ForestryASB Bank House
101-103 The Terrace
PO Box 2526
Wellington
New Zealand
Tel. (64-4) 474 41 00
Fax (64-4) 474 42 40ex 0405 10 19 Butter
ex 0405 10 30 Butter
ex 0406 90 01 Cheese for processing
ex 0406 90 21 Cheddar
Romania 0406 90 25 Tilsit Organisatia de control al marfurilor ‘Romcontrol’ Bucharest
ex 0406 90 29 Kashkaval
0406 90 310406 90 50Cheeses of sheep's milk or buffalo milk
Yugoslavia ex 0406 90 29 Kashkaval
0406 90 31
0406 90 50Cheeses of sheep's milk or buffalo milk▼M41998R1374 — EN — 01.10.2000 — 005.001 — 36▼M1
▼M1
ANNEX VIII
1998R1374 — EN — 01.10.2000 — 005.001 — 37
▼B
ANNEX IX
1998R1374 — EN — 01.10.2000 — 005.001 — 38
▼M2
ANNEX X
1998R1374 — EN — 01.10.2000 — 005.001 — 39
▼M4
ANNEX XI
CONTROL OF WEIGHT AND FAT CONTENT OF BUTTER ORIGI-
NATING IN NEW ZEALAND IMPORTED PURSUANT TO ARTICLE 5
OFREGULATION(EC)No1374/98
1.Definitions
For the purpose of this Annex the definitions set out below shall be
applicable:
(a) ‘producer’: a single production plant or factory in which butter is
produced for export to the Community under the tariff quota referred to
in Article 5;
(b) ‘cypher’: the quantity of butter produced according to one product
purchasing specification in one production plant during a single
manufacturing run;
(c) ‘lot’: a quantity of butter covered by a single IMA 1 and by a single
corresponding import licence, which has been issued for the identical
product and quantity as the IMA 1 presented to the competent customs
authority for release into free circulation under the tariff quota referred
to in Article 5;
(d) ‘competent authorities’: the authorities in the Member States responsible
for the control of imported products;
(e) ‘typical process standard deviation of the fat content’: the standard
deviation of the fat content of butter recorded by the IMA 1 issuing
agency;
(f) ‘product identification list’: a list which identifies in respect of each lot
the serial number of its corresponding IMA 1 certificate, the single
production plant or factory, the cypher or cyphers and which also
provides a description of the butter. It may also identify the specification
to which the butter was manufactured, the production season, the
number of boxes corresponding to each cypher, the total number of
boxes, the nominal weight of the boxes, the exporter's order number, the
means of transport from New Zealand to the European Community and
the voyage number.
2.Completionandverification oftheIMA1certificate
2.1. An IMA 1 certificate shall cover butter manufactured according to one
product purchasing specification in one plant. It may cover more than one
cypher of the same product purchasing specification from the same plant.
2.2. The IMA 1 certificate shall be considered to be duly completed within the
meaning of Article 27(2) only if it contains all of the following information:
(a) in box 1 the name and address of the seller;
(b) in box 2 the serial number of issue identifying the country of origin, the
import regime, the product, the quota year and individual certificate
number starting with one each year;
(c) in box 4 the number and date of the invoice;
(d) in box 5 ‘New Zealand’;
(e) in box 7:
— reference to the product identification list (product ID list) which
must be attached,
— the CN code preceded by ‘ex’ and the detailed description in Annex
7 to the Combined Nomenclature,
— identification of the product purchasing specification and the date of
the last modification,
— the factory registration number,— the date of manufacture of the butter, and— the arithmetic mean of the tare weight of the wrapper;
(f) in box 8 the gross weight in kilograms;
(g) in box 9:
— the net nominal weight per box,
— the total net weight in kilograms,
— the number of boxes,
— the arithmetic mean of the net weight of the boxes designated by the
symbol ‘µ’,1998R1374 — EN — 01.10.2000 — 005.001 — 40
▼M4
— the standard deviation of the net weight of the boxes designated by
the symbol ‘ σ’;
(h) in box 10: from milk or cream;
(i) in box 13:
— not less than 80 but less than 82 % fat,
— the typical process standard deviation of the fat content of the butter,
made to the product purchasing specification and in the factory
indicated in box 7, and its entry into force date for the purpose of
issuing IMA 1 certificates;
(j) in box 16: ‘New Zealand butter quota for … (year) in accordance with
Regulation (EC) No 1374/98’;
(k) in box 17:
— the date on which the most recently manufactured butter covered by
the IMA 1 was or will be six weeks old,
— the total quota for the year in question,— the date of issue and, where appropriate, the last day of validity,— signature and stamp of the issuing agency;
(l) in box 18, details of the coordinates of the issuing agency.
2.3. Verification of the percentage fat content in box 13, undertaken by the IMA
1 issuing agency pursuant to Article 28(1)(b), shall be taken to entail the
checking of the arithmetic mean of the percentage fat content found by the
producer by the analysis of between 10 and 25 samples per cypher.
Verification shall require that the arithmetic mean shall not exceed /C22MM(the
maximum mean milk fat content of the sample) where:
where σis the typical process standard deviation.
3.Monitoringofweight
3.1.Community monitoring
Monitoring by the competent authorities shall be carried out on a lot.The competent authorities shall take a random sample from the lot. The
sample size shall be determined according to the following formula:
where:
nis the sample size; and
Nis the number of boxes in the lot.
However, the minimum sample size, n, shall be fixed at 10.
The competent authority shall calculate the arithmetic mean and standard
deviation of the net weights obtained from the sample.
The competent authority shall make appropriate checks to verify the
information on tare weight given on the IMA 1 certificate, which may
include a comparison with weight of plastic wrappers used in the
Community or examination of a certificate from the manufacturer of the
plastic wrappers used on the lot.
3.2.Interpretation of monitoring results — standard deviation
The standard deviation of the net weight of the boxes specified in the IMA 1
certificate shall be checked according to the following procedure.
The ratios/σshall be compared with the minimum ratio specified for a given
sample size in the following table, where sis the sample standard deviation
andσis the standard deviation of the net weight of the boxes specified in the
IMA 1 certificate.
Where the ratio s/σis lower than the appropriate minimum ratio in the
reference data table then sshall be used when the control results are
interpreted under point 3.3 rather than σ.1998R1374 — EN — 01.10.2000 — 005.001 — 41
▼M4
Minimum ratio (*) s/σfor a given sample size ( n)
ns / σ
10 (**) 0,608
11 0,62812 0,645
13 0,660
14 0,67315 0,685
16 0,696
17 0,70518 0,714
19 0,722
20 0,73021 0,737
22 0,743
23 0,74924 0,754
25 0,760
26 0,76427 0,769
28 0,773
29 0,77830 0,781
31 0,785
32 0,78933 0,792
34 0,795
35 0,79836 0,801
37 0,804
38 0,80739 0,809
40 0,812
41 0,81442 0,816
43 0,819
(*) The minimum ratios have been calculated using tabulated Chi2values (5 %
quantile;n– 1 degrees of freedom).
(**) The minimum sample size, n, shall be fixed at 10.
3.3.Interpretation of monitoring results — arithmetic mean
The competent authority shall compare the results of sampling with the
information on the IMA 1 certificate using the following formula:
1998R1374 — EN — 01.10.2000 — 005.001 — 42
▼M4
where:
wis the arithmetic mean of the net weight of the sample boxes,
Wis the mean net weight per box specified on the IMA 1 certificate,
σis the standard deviation of the net weight per box specified on the IMA 1
certificate, however the sample standard deviation of the net weight per box
(s) shall be used instead of σwhere required according to point 3(2), and
nis the sample size.
Wherewsatisfies the above formula, the mean net weight specified on the
IMA 1 certificate ( W) shall be used to determine the net weight of the lot
imported into the Community.
Wherewdoes not satisfy the above formula, wshall be used to determine the
net weight of the lot imported into the Community. The declared weight
shall be attributed in part 2 of box 29 of the import licence and the excess
over the declared weight shall be imported in accordance with Article 26 of
Council Regulation (EC) No 1255/1999 (OJ L 160, 26.6.1999, p. 48).
4.Controlofthefatcontent
4.1.Community monitoring
The competent authorities shall carry out monitoring of the percentage fat
content on half of the boxes which are sampled under point 3. However, the
minimum sample size, n, shall be fixed at 5.
The sampling method to be used shall be International Dairy Federation
(IDF) Standard 50C/1995.
The method for determining the fat content to be used shall be that laid down
in Commission Regulation (EC) No 880/98, Annexes I, II and III (OJ L 124,
25.4.1998, p. 16).
4.2.Interpretation of monitoring results — standard deviation
The standard deviation of the fat content of the butter specified in the IMA 1
certificate shall be checked according to the following procedure.
The ratios/σshall be compared with the maximum ratio specified for a
given sample size in the following table where sis the sample standard
deviation and σis the standard deviation of the fat content of the butter
specified in the IMA 1 certificate.
Where the ratio s/σis higher than the appropriate reference value in the
reference data table then sshall be used when the control results are
interpreted under point 4.3 rather than σ.
Maximum ratio (*) s/σfor a given sample size ( n)
ns / σ
5 (**) 1,540
6 1,488
7 1,448
8 1,4179 1,392
10 1,371
11 1,35312 1,337
13 1,324
14 1,31115 1,301
16 1,291
17 1,28218 1,274
19 1,266
20 1,2591998R1374 — EN — 01.10.2000 — 005.001 — 43
▼M4
ns / σ
21 1,253
22 1,247
(*) The maximum ratios have been calculated using tabulated Chi2values (95 %
quantile;n– 1 degrees of freedom).
►C1(**) The minimum sample size, n, shall be fixed at 5. ◄
4.3.Interpretation of monitoring results — arithmetic mean
Compliance with the fat content requirements shall be assumed, if the
arithmetic mean of the sample results ( /C22xx) does not exceed /C22MMwhere:
where σis the typical process standard deviation for the fat content specified
on the IMA 1 certificate, however the sample standard deviation of the fat
content (s) shall be used instead of σwhere required according to point 4.2.
4.4.Further monitoring
Where the arithmetic mean of the sample results does exceed /C22MMin point 4.3,
then a further calculation shall be carried out to establish the conditions of
the import of the lot concerned.
In this calculation, the arithmetic mean of the test results ( /C22xx) shall be
compared with /C22MMusing the following formula:
where /C27/C22xxis obtained using the following formula:
where:
σis the typical process standard deviation for the fat content specified on the
IMA 1 certificate,
σLis the between-laboratory standard deviation calculated as:
σris the repeatability standard deviation = 0,079 %,
σRis the reproducibility standard deviation = 0,129 %, and
nis the sample size.
If/C22xxsatisfies the above formula, then the lot may be imported under the
quota referred to in Article 5.
If/C22xxdoes not satisfy the above equation then non-compliance with the fat
content requirements shall be established. In this case the lot shall beimported in accordance with Article 9(5).
The competent authority shall notify the Commission without delay of each
case dealt with under this point.
4.5.Disputed results
The importer concerned may challenge the results of the analysis obtained
by a competent authority's laboratory within seven working days of
receiving these results, undertaking to pay for the costs of testing the
duplicate samples. In this case the competent authority shall send sealed
duplicates of the samples analysed by its laboratory to a second laboratory.
This second laboratory shall be authorised by a Member State to carry out
official analyses and be recognised by that Member State as having
competence in applying the method referred to in point 4.1, as demonstrated
by meeting the repeatability criterion when analysing blind duplicates and by
successful participation in proficiency tests.1998R1374 — EN — 01.10.2000 — 005.001 — 44
▼M4
This second laboratory shall communicate the results of its analysis to the
competent authority promptly.
The procedure laid down in point 4.6 shall apply for the evaluation of the
results obtained by the two laboratories.
The result of this evaluation shall be communicated by the competent
authority to the operator promptly.
4.6. Procedure applicable when the results of an analysis are disputed:
(a) where the reproducibility requirement is respected for each sample unit:
for each sample unit the arithmetic mean of the test results obtained by
both laboratories is reported as the final result. The final results obtained
in this way are used to test compliance as described in sections 4.2, 4.3
and 4.4. One non-compliance with the reproducibility limit per 10
sample units is accepted.
/C22yy: arithmetic mean of all results obtained by both laboratories
R: reproducibility limit (R = 0,36 %).
(b) where the reproducibility requirement is not respected in more than one
case (more than one sample unit per 10 sample units analysed):
the consignment is finally rejected, if the results of both laboratories lead
to this conclusion. Otherwise, the consignment is accepted.1998R1374 — EN — 01.10.2000 — 005.001 — 45
▼M4
ANNEX XII
1998R1374 — EN — 01.10.2000 — 005.001 — 46
▼M4
ANNEX XIII
CIRCUMSTANCES UNDER WHICH AN IMA 1 CERTIFICATE OR
PART THEREOF MAY BE CANCELLED, AMENDED, REPLACED OR
CORRECTED
1.CancellationofIMA1whenfulldutyisdueandpaidfornon-respectof
compositionalrequirements
Where full duty is paid on a lot because the maximum fat content requirement
is not respected the corresponding IMA 1 certificate may be cancelled and the
IMA 1 issuing agency may add these quantities to those in respect of which
IMA 1 certificates may be issued for the same quota year. The customs
authority shall retain the corresponding import licence, send it to the import
licence issuing authority, which shall amend it to convert it into a full duty
import licence for the quantity in question in accordance with Article 9(5).
2.Producedestroyedorrenderedunfitforsale
The IMA 1 issuing agency may cancel an IMA 1 or part thereof for a quantity
covered by it which is destroyed or rendered unfit for sale in circumstances
beyond the control of the exporter. Where part of the quantity covered by an
IMA 1 is destroyed or rendered unfit for sale, a replacement IMA 1 may be
issued for the remaining quantity. In the case of New Zealand butter referred
to in Article 5, the original product identification list shall be used for this
purpose. The replacement certificate shall be valid only up to the same date as
the original. In this case, box 17 of the replacement IMA 1 shall contain the
terms ‘valid up to 00.00.0000’.
In the case where the total quantity covered by an IMA 1 or part thereof is
destroyed or rendered unfit for sale due to circumstances beyond the exporters'
control, the IMA 1 issuing agency may add these quantities to those in respect
of which IMA 1 certificates may be issued for the same quota year.
3.ChangeofMemberStateofdestination
When the exporter is obliged to change the Member State of destination
indicated on an IMA 1, before a corresponding import licence is issued, the
original IMA 1 may be amended by the IMA 1 issuing agency. Such an
amended original IMA 1 certificate, duly authenticated and appropriately
identified by the issuing agency may be presented to the licensing authority
and to the customs authorities.
4. When a clerical or technical error is discovered on an IMA 1 certificate before
a corresponding import licence is issued the original IMA 1 may be corrected
by the issuing agency. Such a corrected original IMA 1 may be presented to
the licensing authority and to the customs authorities.
5. When, for exceptional reasons and in circumstances beyond the control of the
exporter, product destined for import in a given year becomes unavailable and
the only means, in the light of normal shipping time from the country of
origin, of filling the quota is to replace it with product originally intended for
import for the following year, the issuing agency may, on the sixth working
day after giving due notification to the Commission of the details of the IMA 1
certificate or part thereof to be cancelled for the year in question and of the
first IMA 1 certificate or part thereof issued for the following year to becancelled, issue a new IMA 1 certificate for the replacement quantity.
If the Commission considers that the circumstances of the case concerned do
not fall within this provision it may object, within five working days, stating
the reason for this objection. Where the quantity to be replaced is greater than
that covered by the first IMA 1 certificate issued for the following year the
required quantity may be obtained by cancelling an additional IMA 1
certificate, in sequence, or part thereof as necessary.
All quantities in respect of which IMA 1 certificates or part thereof have been
cancelled for the year in question shall be added to the quantities for which an
IMA 1 certificate may be issued for that quota year. All quantities brought
forward from the following quota year, in respect of which an IMA 1
certificate or certificates have been cancelled, shall be added back to the
quantities for which IMA 1 certificates may be issued for that quota year.1998R1374 — EN — 01.10.2000 — 005.001 — 47