2000R0970 — EN — 18.05.2000 — 000.001 — 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 970/2000
of 8 May 2000
amendingRegulation(EC)No1374/98layingdowndetailedrulesfortheapplicationoftheimport
arrangements and opening tariff quotas for milk and milk products
(OJ L 112, 11.5.2000, p. 27)
Corrected by:
►C1Corrigendum, OJ L 163, 4.7.2000, p. 38(970/2000)
►C2Corrigendum, OJ L 192, 28.7.2000, p. 44 (970/2000)
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▼B
COMMISSION REGULATION (EC) No 970/2000
of 8 May 2000
amending Regulation (EC) No 1374/98 laying down detailed rules
for the application of the import arrangements and opening tariff
quotas for milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May
1999 on the common organisation of the market in milk and milkproducts(
1), and in particular Articles 26(3) and 29(1) thereof,
Whereas:
(1)Commission Regulation (EC) No 1374/98(2), as last amended by
Regulation (EC) No 249/2000 (3), provides for a number of
different import systems. Where the detailed description of goodscomplicates the import procedure, that procedure is considerablysimplified by the exporting country giving an assurance that theproduct exported meets the description of the goods in question.A product may only qualify for the specific duty when it isaccompanied by a certificate known as the inward monitoringarrangements (IMA 1) certificate, issued in a prescribed form onthe responsibility of the exporting country and providing the saidassurance. This system of certificates is also used by non-membercountries to monitor compliance with tariff quotas.
(2)While additional verification and monitoring by the Communitywas initially considered unnecessary experiences has shown theneed for a verification of declarations at Community level basedon random sampling of lots and the use of internationally recog-nised testing and statistical methods.
(3)In application of Articles 26 and 29 of Regulation (EC) No1255/1999, the Commission shall ensure that import licences areissued to any applicant irrespective of his place of establishmentin the Community and shall, taking into account all the relevantprovisions, avoid any discrimination between importers.
(4)Additional precision is necessary for the implementation of theIMA 1 certificate system notably with regard to the completion,issue, cancellation, amendment and replacement of certificates bythe IMA 1 issuing agency, their validity period and the conditionsfor their use with a corresponding import licence. The monitoringof all such imports and an end of year audit to ensure respect ofthe quota should be provided for.
(5)In the light of experience additional conditions are appropriatefor the import of New Zealand butter under the current accessquota notably linking the quantity covered by a single IMA 1certificate to that covered by a corresponding single importlicence and requiring that they both be used only once togetherwith one declaration for release for free circulation by way ofderogation from Commission Regulation (EEC) No 3719/88 of16 November 1988 laying down common detailed rules for theapplication of the system of import and export licences andadvance fixing certificates for agricultural products(
4), as last
amended by Regulation (EC) No 1127/1999 (5).
(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 185, 30.6.1998, p. 21.
(3) OJ L 26, 2.2.2000, p. 4.
(4) OJ L 331, 2.12.1988, p. 1.
(5) OJ L 135, 29.5.1999, p. 48.
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(6)New Zealand butter entered under the current access quota must
be identified to avoid the grant of full export refund and thepayment of certain aid amounts.
(7)Certain features of the IMA 1 certificate system must be modi-fied to take account of new rules for completing certificates, formonitoring the issue of certificates and for monitoring authorisedamendments to those certificates and to introduce precision withregard to control and verification of imports under Regulation(EC) No 1374/98.
(8)Regulation (EC) No 1374/98provides that operators who intendto import certain cheeses originating in Switzerland must under-take to respect a minimum free-at-frontier value in order tobenefit from preferential treatment for those cheeses. In the pastthis undertaking was given in box 17 of the obligatory IMA 1certificate which is no longer the case. It is appropriate, forreasons of clarity, to specify the notion of the free-at-frontiervalue and the conditions to ensure its respect.
(9)Modifications to Annexes I and VII to Regulation (EC) No1374/98are appropriate in light of the special provisions forcompleting the IMA 1 certificate for imports of New Zealandbutter under the current access quota and of the types of buttereligible under that quota. A new specimen IMA 1 should be usedfor the import of New Zealand butter under the current accessquota.
(10)Commission Regulation (EC) No 2204/1999 (1) amended Annex
I to Council Regulation (EEC) No 2658/87 of 23 July 1987 ontariff and statistical nomenclature and on the Common CustomsTariff(
2), as last amended by Regulation (EC) No 254/2000 (3).
The WTO tariff quotas to be opened by the competentCommunity authority from 1 July 2000 are indicated in Annex 7to Part Three, Section III, of the abovementioned Annex Itogether with new quota order numbers as far as milk productquotas are concerned. The quota order numbers in Annexes I andII to Regulation (EC) No 1374/98should be aligned to those inAnnex 7 of Regulation (EEC) No 2658/87 and the WTO quotasto be opened from 1 July 2000 must also be fixed in Annex II toRegulation (EC) No 1374/98in conformity with that same Annex7.
(11)Canadian cheddar is now the only product covered by the IMA 1certificate system for which a minimum free at frontier valuemust be respected and for this purpose the buyer and the MemberState of destination must be indicated on the IMA 1 certificate.The rules for completing IMA 1 certificates in Annex VI shouldtherefore be modified.
(12)Annex XI is added to provide certain definitions and specify howthe IMA 1 certificate for the import of New Zealand butter underthe current access quota should be completed, how the weightand fat content controls are to be carried out and the procedure tofollow in any case where a dispute arises on the composition ofthe butter.
(13)Annex XII is added to assist Member States in reporting theresults of physical checks carried out. Annex XIII sets out theconditions for cancelling, replacing and amending IMA 1 certi-ficates as well as certain end of year provisions, linked to normalshipping times, for releasing into free circulation product coveredby an IMA 1 certificate and intended for import in the followingyear.
(1) OJ L 278, 28.10.1999, p. 1.
(2) OJ L 256, 7.9.1987, p. 1.
(3) OJ L 28, 3.2.2000, p. 16.
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(14)Commission Regulation (EC) No 2508/97 (1), as last amended by
Regulation (EC) No 2631/1999 (2), lays down detailed rules for
the application to milk and milk products of the schemesprovided for in the Europe Agreements between the Communityand the Republic of Hungary, the Republic of Poland, the CzechRepublic, the Slovak Republic, Bulgaria and Romania and Slov-enia and the Agreements on free trade between the Communityand the Baltic States. In the light of experience further precisionwith regard to import controls is necessary to improve the protec-tion of own resources. It is therefore appropriate to apply theimport controls provided for in Regulation (EC) No 1374/98tothese import regimes also.
(15)For the purposes of Chapter IVa of this Regulation, Articles 239to 250 of Commission Regulation (EEC) No 2454/93 of 2 July1993 laying down provisions for the implementation of CouncilRegulation (EEC) No 2913/92 establishing the CommunityCustoms code (
3), as last amended by Regulation (EC) No 1662/
1999 (4), will apply. However, the procedure to be followed in
certain cases where the lot covered by a declaration for releasefor free circulation does not conform to that declaration, shouldbe specified in order to ensure adequate surveillance of quantitiesactually released into free circulation against quotas.
(16)In order to ensure a secure and transparent transition from theIMA 1 certificate system in Regulation (EC) No 1374/98andapplicable until 30 June 2000 with regard to the issue of certi-ficates and until 31 August 2000 with regard to the use of thesecertificates for release for free circulation in the Community(hereinafter referred to as ‘the old IMA 1 certificate/system')tothe IMA 1 certificate system in Regulation (EC) No 1374/98asamended herein and applicable from 1 July 2000 with regard tothe issue of certificates and from 1 September 2000 with regardto the use of these certificates for release into free circulation inthe Community (hereinafter referred to as ‘the new IMA 1 certifi-cate/system'),a separate deadline must be fixed for the issue ofIMA 1s under the old IMA 1 certificate system, for their use andfor the use of any import licence issued on their presentation. Inaddition import licences applied for on presentation of new IMA1 certificates issued in accordance with the rules laid down in thisregulation may only be issued on the working day following thedeadline of 31 August 2000 for releasing product into free circu-lation using an IMA 1 certificate issued before the deadline of 30June 2000 for issuing an old IMA 1 certificate.
(17)Member State import licence issuing authorities must requestfrom the IMA 1 issuing agency an inventory of old IMA 1certificates issued for the 1 January until 31 December 2000quota period before 1 July 2000 and of their use for release intofree circulation in the Community up to 31 August 2000 whichmust be approved by the New Zealand Ministry of Agricultureand Forestry’s Food Assurance Authority in order to establish thequantities in respect of which the latter may issue new IMA 1certificates for the period from 1 July 2000 for that same quotaperiod but which may only be used for release into free circula-tion in the Community from 1 September 2000.
(18)The Management Committee for Milk and Milk Products has notdelivered an opinion within the time limit set by its chairman,
(1) OJ L 345, 16.12.1997, p. 31.
(2) OJ L 321, 14.12.1999, p. 13.
(3) OJ L 253, 11.10.1993, p. 1.
(4) OJ L 197, 29.7.1999, p. 25.
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HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1374/98is amended as follows:
1. Article 7 shall be replaced by the following:
‘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 corre-sponding IMA 1 certificate, for the total net quantity indicatedtherein fulfilling the conditions laid down in Article 9(9) or inChapter IV as appropriate; it shall bear the number and date ofissue of that corresponding certificate.
Except in the case of butter referred to in Article 5 and reduced
duty imports referred to in Annex IV, the import licence may onlybe issued following verification by the competent authority that theprovisions in Article 28(1)(f) have been respected. The licenceissuing authority shall send to the Commission by fax a copy of theIMA 1 certificate lodged with each import licence application onthe day it is lodged and by 18.00 at the latest. The licence issuingauthority shall issue the import licence on the fourth working dayfollowing provided the Commission has not taken any specialmeasures 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 inno case may it extend beyond the validity of its correspondingimport licence nor the 31 December of the year of import for whichit is issued.
3. From 1 November of each year IMA 1 certificates valid from
the following 1 January may be issued for quantities covered by thequota for the year of import. However import licence applicationsshall only be lodged from the first working day of the year ofimport.
4. The circumstances under which an IMA 1 certificate may be
cancelled, amended, replaced or corrected are indicated in AnnexXIII.
5. By way of derogation from Article 8(4) of Regulation (EEC)
No 3719/88, the quantity imported may not exceed that shown inboxes 17 and 18of the import licence. To that end, the figure “0”shall be entered in box 19 of the licence.'
2. In Article 8(1) subparagraph (d) shall be replaced by the following
subparagraphs (d) and (e):
‘(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 πιστοποιη -
τικό ΙΜΑ 1αριθ.…που εξεδόθη στις …
— Valid if accompanied by the IMA 1 certificate No … issued
on …
— Valable si accompagné du certificat IMA 1 no…, délivré le
…
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— 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 …'
3. Article 9 shall be replaced by the following
‘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 asmeaning at least six weeks old on the date a declaration for releasefor free circulation 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.
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 whichimport licences are issued does not exceed the quota for any year ofimport.
4. An import licence, for endorsement in accordance with Article
22 of Regulation (EEC) No 3719/88, shall be used for a singlecustoms declaration for release for free circulation and shall cover asingle lot. If the quantity released into free circulation is lower thanthe quantity indicated in boxes 17 and 18of the import licence, thesecurity relating to the unreleased part shall be forfeited, and thelicence in question may not 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 preferen-tial treatment shall be given for the whole lot. Where a declarationfor release into free circulation has been accepted, customs shall, ondetermining non-conformity, collect the import duty set in Annex Ito Council Regulation (EEC) No 2658/87 (1), attribute the quantityin box 29 of the import licence and send it to the import licenceissuing authority which shall amend it with a view to converting itinto a full duty import licence.
By way of derogation from Article 24 of Regulation (EEC) No
3719/88, the competent licence issuing authority shall endorse thelicence in box 20 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 certifi-cado de importación con tipo pleno para el que se adeudaba, yse ha abonado, el tipo de derecho de …/100 kg; certificado yaanotado
— Ændret fra en importlicens med nedsat toldsats for et produkt
under nr. … til en importlicens med fuld toldsats, hvor denskyldige importtold på …/100 kg er betalt; licensen er alleredeafskrevet
— Umwandlung einer Einfuhrlizenz zum ermäßigten Zollsatz für
das Erzeugnis mit der lfd. Nr. … in eine Einfuhrlizenz zumvollen Zollsatz von …/100 kg, der entrichtet wurde; Lizenzabgeschrieben
(1) OJ L 256, 7.9.1987, p. 1.
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—Μετατροπή από πιστοποιητικό εισαγωγής µε µειωµένο
δασµό για προϊόν βάσει του αύξοντος αριθµού …σε
πιστοποιητικό εισαγωγής µε πλήρη δασµό για το οποίο τοποσοστό δασµού ποσού …/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 ofduty of …/100 kg was due and has been paid; licence alreadyattributed
— Certificat d’importation à droit réduit pour le produit correspon-
dant au n
od’ordre …, converti en un certificat d’importation à
taux plein, pour lequel le taux du droit applicable de …/100 kga 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 daziopieno, per il quale è stata pagata l’aliquota di …/100 kg; titologià attribuito
— Invoercertificaat met verlaagd recht voor onder volgnummer …
vallend product omgezet in een invoercertificaat met volledigrecht waarvoor het recht van …/100 kg verschuldigd was en isbetaald; 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 … numcertificado de importação com direito pleno, relativamente aoqual a taxa de direito aplicável de …/100 kg foi paga; certifi-cado já imputado
— Muutettu etuuskohteluun oikeuttavasta kiintiötuontitodistuksesta
vakiotuontitodistukseksi tavaralle, joka kuuluu järjestysnu-meroon … ja josta on kannettu tariffin mukainen tulli …/100 kg; vähennysmerkinnät tehty
— Omvandlad från importlicens med sänkt tull för produkt med
löpnummer … till importlicens med hel tullavgift för vilkengällande tullsats …/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 allquantities for which declarations for release for free circulationhave been accepted during 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 forwhich declarations for release for free circulation have beenaccepted under the tariff quota referred to in paragraph 1 during theprevious quota year. The monthly notification shall be made by the10th of the month following that during which the declarations forrelease for free circulation have been accepted.
By 28February of each year, the United Kingdom shall communi-
cate to the Commission, in respect of the tariff quota referred to inparagraph 1 for the previous quota year, the quantity of butter forwhich a security has been lodged and the quantity of butter releasedinto free circulation in respect of which the security has beenreleased. In the case where the complete data is not available on 28February 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 ofthe data referred to in Article 28(1)(g) a detailed inventory for thequota year of each IMA 1 issued, its identification number and thequantity covered by it together with the total number of certificatesand the total quantity covered by them for the year. It shall includeall the relevant details of any cancellation, correction or amendmentto any IMA 1 and of any copy of an IMA 1 issued.
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9. The rules to be followed concerning the completion of the
IMA 1 certificate, the monitoring of the weight and fat content ofthe butter, and the consequences of such monitoring are set out inAnnex XI.
The typical process standard deviation of the fat content referred to
in point 1(e) of Annex XI notified in accordance with Article28(1)(e) shall be approved by the Commission and the list shall becommunicated to the Member States together with their date ofentry into force for the purpose of issuing IMA 1 certificates. Thetypical process standard deviation shall be valid for at least oneyear unless exceptional circumstances, brought to the attention ofthe Commission by the New Zealand issuing agency, justify amodification, which must be approved by the Commission. Eachmodified or additional typical process standard deviation approvedby the Commission shall be communicated to the Member Statestogether with the entry into force date for the purpose of issuingIMA 1 certificates.
10. Member States shall communicate the results of the
monitoring carried out under Annex XI to the Commission usingthe standard form set out in Annex XII for each quarter by the 10thof the following month.'
4. Article 10 is replaced by the following:
‘Article 10
At all stages of marketing New Zealand butter imported into the
Community pursuant to this section shall state its New Zealandorigin on its packaging and on the corresponding invoice orinvoices.
By way of derogation from the first subparagraph, where New
Zealand butter is blended with Community butter and where theblended butter is intended for direct consumption and is put up inpackages of 500 grams or less, the blended butter need only state itsNew Zealand origin on the corresponding invoice.
In either case, the invoice shall also state: “Butter imported under
Article 5 of Commission Regulation (EC) No 1374/98: not eligiblefor the grant of aid for butter referred to in Article 1(1) of Commis-sion Regulation (EEC) No 429/90 nor for aid for butter referred toin Article 1(2)(a) of Commission Regulation (EC) No 2571/97 norfor the grant of export refund in conformity with Article 31(10) and(11) of Council Regulation (EC) No 1255/1999 except whereprovided for in paragraph 12 thereof and in Article 7(a) of Commis-sion Regulation (EC) No 1222/94”.'
5. In Article 18paragraph 3 shall be replaced by the following:
‘3. Articles 7 and 8shall apply mutatis mutandis .'
6. In Article 21 the following paragraph is added:‘Article 7 shall apply
mutatis mutandis .'
7. Article 22 is deleted.8. Article 23 is amended as follows:
(a) The introductory phrase of Article 23(1) is modified as
follows:‘By way of derogation from Article 7:'
(b) Article 23(3) is replaced by the following:
▼
C1
‘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 applica-tions are accompanied by a written declaration by the applicantthat the minimum free-at-frontier value referred to in theCombined Nomenclature or in Annex IV will be complied with.
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B
The applicant shall supply, at the request of the competent
authorities, any information and additional supporting documen-tation which they may judge necessary with regard to compli-ance with the minimum free-at-frontier value and to allow any
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auditing of accounts required by those authorities. He shall not
accept any discount, refund, or any other rebate which may leadto the product in question having a value less than the minimumimport 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 Regula-tion (EEC) No 2658/87, a penalty shall be paid equal to 25 % ofthe amount of the duty.'
9. Article 24 is replaced by the following:
‘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 quotareferred to in Article 5, in accordance with the conditions laid downin 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 specimenin Annex Va in accordance with the conditions laid down in thischapter and in Article 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 1and 2, box 3 of the IMA 1 relating to the buyer and box 6 relatingto the country of destination shall not be completed except in thecase of Cheddar cheese provided for under order No 43 of Annex I.'
10. Article 26(2) is replaced by the following:
‘2. The certificate must contain, for each type and each form of
presentation, except for butter subject to the tariff quota referred toin Article 5, the particulars set out in Annex VI.'
11. Article 27(1) is replaced by the following:
‘1. The original of the certificate shall be presented, along with
the corresponding import licence and the products to which theyrelate, to the custom authorities of the importing Member State atthe time of lodging the declaration for release for free circulation.Without prejudice to Article 7(2) it shall be presented during theperiod of validity of the certificate, 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 andto the competent customs authority in the case where the original islost or rendered unsuitable for use.'
12. In Article 28(1) the following subparagraphs (d), (e), (f), (g) and (h)
are added:
‘(d) it undertakes for the products listed in Annex I, Annex IIIA
and Annex IV to issue the IMA 1 certificate for the totalquantity covered by it before the product covered by it leavesthe territory of the 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 fatcontent, referred to in Annex XI(1)(e), of the butter subject tothe tariff quota referred to in Article 5, manufactured by eachproducer referred to in Annex XI(1)(a) according to eachproduct 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 competentlicence issuing authority also, by fax a copy of each authenti-cated IMA 1 certificate for the total quantity covered by it onthe date of issue but within seven days of that date at the latestand, where appropriate, notification of any cancellation, correc-tion or amendment;
(g) as far as New Zealand butter referred to in Article 5 is
concerned it undertakes to communicate to the United Kingdomlicence issuing authority the following information before the10th of the following month for each month in the periodJanuary to October, and before Friday of the following week
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for each week or part thereof in the months of November andDecember, separately for IMA 1 certificates issued for thecurrent 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 identifica-tion numbers and the quantities covered by those certi-ficates, together with the total number of certificates issuedand the quantities covered by them for the quota year inquestion, 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, 2,4 and 5, and in Article 27(1), and all relevant detailsthereof.
(h) As far as products falling under CN code 0406 are concerned it
undertakes to communicate to the Commission by 15 Januaryfor each order number separately:
(i) the number of IMA 1 certificates issued for the previous
quota year with the identification number of each and thequantity covered by it together with the total number ofcertificates issued and the total quantity covered by themfor 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 to5, and in Article 27(1), and all the relevant details thereof.'
13. The following Chapter IVa is added:
‘CHAPTER IVaControl provisions applicable to imports under Chapter II and
Chapter III of this Regulation and to imports pursuant to Commis-sion Regulation (EC) No 2508/97 (*).
Article 29a
1. The Community customs offices where the products are
declared for release for free circulation into the Community shallcarry 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)without prior 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 least3 % of the declarations for release for free circulation by MemberState per calendar year are physically checked. However, for theperiod 1 July to 31 December 2000 this percentage shall bereplaced by 1,5 %.
When calculating the minimum rate of physical controls to be
carried out Member States may opt to disregard import declarationsinvolving quantities not exceeding 500 kg.
3. Commission Regulation (EC) No 1854/96 (**) shall apply as
regards reference methods to be applied for the analysis of theproducts provided for in this regulation to determine theirconformity as regards composition with the declaration for releasefor free circulation.
4. Each customs office shall produce a detailed examination
account on each physical check carried out. The examinationaccount shall bear the examination date and shall be retained for atleast three calendar years.
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5. Where a physical check has been carried out box 32 of theimport licence or the message box in the case of an electroniclicence shall be endorsed 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.
o
1374/98]
— 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 bycustoms. Within 10 working days from the date of establishing thedefinitive non-conforming results, these results, and where appro-priate, the licence shall be sent to the competent licence issuingauthority.
Without prejudice to Article 248of Commission Regulation (EEC)
No 2454/93 (***) in the case where a physical check for composi-tion has been carried out prior to the presentation of the endorsedimport licence pursuant to Article 31(1)(a) of Regulation (EEC) No3719/88 the security shall be released.
6. Each case of non-conformity with the declaration for release
for free circulation shall be notified to the Commission within 10working days of such non-conformity being determined bycustoms.
Article 29b
1. For the purpose of monitoring the quantities of the tariff
quotas to which this chapter applies, account shall be taken of allquantities for which declarations for release for free circulationhave been accepted during the quota period concerned.
2. Member States shall notify the Commission by 15 March
following each quota year ending on 31 December and by 15September following each quota year ending on 30 June, separatelyfor each quota, and country of origin, except for butter referred toin Article 5, of the definitive total quantity for the quota year forwhich declarations for release for free circulation have beenaccepted in that Member State.
(*) OJ L 345, 16.12.1997, p. 31.(**) OJ L 246, 27.9.1996, p. 5.(***) OJ L 253, 11.10.1993, p. 1.'
14. The following Article 30a is added to Chapter V:
‘Article 30a
1. The provisions of this Article shall apply to provide for the
transition to the system established by this Regulation followingits 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 ofpresenting New Zealand butter and cheese for release into freecirculation in the Community.
2000R0970 — EN — 18.05.2000 — 000.001 — 12
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3. The validity of IMA 1 certificates issued before 1 July2000 and the validity of import licences issued on presentationof such IMA 1 certificates for the products under order Nos 35,40 and 42 of Annex I originating in New Zealand shall notextend 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 Agricultureand Forestry’s Food Assurance Authority from 1 July 2000onwards for the products under order Nos 35, 40 and 42 ofAnnex I originating in New Zealand, may only take place from1 September 2000 on the basis of licence applications lodgedfrom that date.
5. The import licence issuing authority of each Member State
which has issued import licences for the products under orderNos 35, 40 and 42 in Annex I originating in New Zealand forthe quota period 1 January to 31 December 2000 shall requestthe New Zealand Dairy Board to provide a detailed inventory ofIMA 1 certificates issued before 1 July 2000, of their use forobtaining an import licence and of their use for releasing prod-ucts into free circulation in the Community before 1 September2000. The IMA 1 issuing agency and the import licence issuingauthority shall use this information to determine the quantity inrespect of which IMA 1 certificates may be issued for the periodfrom 1 July to 31 December 2000 which may be used to obtainimport licences which may be used for release into free circula-tion in the Community from 1 September to 31 December 2000.
6. Each Member State’s import licence issuing authority shall,
before issuing import licences from 1 September 2000, confirmwith the New Zealand Ministry of Agriculture and Forestry’sFood Assurance Authority separately for each of the productsunder order Nos 35, 40 and 42, in respect of the quota period 1January 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 1September 2000,
— 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 certi-
ficates have been issued before 1 July 2000 for productsunder 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 presenta-tion of the IMA 1s referred to in the first indent, separatelyfor each order number,
— by 15 September 2000 the quantity in respect of which a
declaration for release for free circulation in the Communityhas been accepted before 1 September 2000 using IMA 1sand import licences referred to in the first and second indentsrespectively, separately for each order number,
— by 15 September 2000 the details of the confirmation
referred to in paragraph 6.'
15. Annexes I and II shall be replaced by Annexes I and II to this
Regulation.
16. Annex VI shall be replaced by Annex III to this Regulation.17. In Annex VII, the information relating to New Zealand shall be
replaced by the information in Annex IV to this Regulation.
2000R0970 — EN — 18.05.2000 — 000.001 — 13
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18. Annex V to this Regulation shall be added as Annexes Va, XI,
XII and XIII.
Article 2
This Regulation shall enter into force on the seventh day following
its publication in the Official Journal of the European Communities .
It shall apply from 1 July 2000.
This Regulation shall be binding in its entirety and directly applic-
able in all Member States.
2000R0970 — EN — 18.05.2000 — 000.001 — 14▼B
Order number
in Annex 7 to
the Combined
Nomenclature
(TARIC
order
number)CN code Description Country of originQuota quantity
(annual)
(tonnes)Import duty
(EUR/100kg
net weight)Rules for comple-
ting IMA 1 certifi-
catesANNEX I
‘ANNEX I
TARIFF QUOTAS PURSUANT TO THE GATT/WTO AGREEMENTS SPECIFIED BY COUNTRY OF ORIGIN
(Calendar year)
35
(09.4589)ex 04051011
ex 04051019Butter, 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 asingle, self-contained and uninterrupted processNew Zealand 76667 86,88 see Annex XI
ex 04051030 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 asingle, self-contained and uninterrupted process which may involve the cream passingthrough a stage of concentrated milkfat and/or the fractionation of such milkfat (theprocesses referred to as “Ammix” and “Spreadable”)
40 04069001 Cheese for processing(1) New Zealand 4000 17,06 see Annex VI(C)
(09.4515)Australia 500 17,06and (D)
42
(09.4514)ex 04069021 Whole Cheddar cheeses (of the conventional flat cylindrical shape of a net weight of not
less than 33kg but not more than 44kg and cheeses in cubic blocks or in parallelepipedNew Zealand 7000 17,06 see Annex VI(B)
shape, of a net weight of 10kg or more) of a fat content of 50% or more by weight in the
dry matter, matured for at least three monthsAustralia 3250 17,06
43
(09.4513)ex 04069021 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 100kg net,
of not less than:
— EUR334,20 in whole cheeses
— EUR354,83 for cheeses of a net weight of not less than 500g— EUR368,58 for cheeses of a net weight less than 500gThe expression “whole cheeses” means cheeses of the:
— Conventional flat cylindrical shape of a net weight of not less than 33kg but not moreCanada 4000 13,75 see Annex VI(A)
2000R0970 — EN — 18.05.2000 — 000.001 — 15▼B
Order number
in Annex 7 to
the Combined
Nomenclature
(TARIC
order
number)CN code Description Country of originQuota quantity
(annual)
(tonnes)Import duty
(EUR/100kg
net weight)Rules for comple-
ting IMA 1 certifi-
cates
than 44kg
— Cubic blocks or parallelepipeds, of a net weight of 10kg or more
(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 and insurance costs to the customs territory of the Community.'
2000R0970 — EN — 18.05.2000 — 000.001 — 16▼B
Order number in
Annex 7 to the
CombinedQuota quantity
(tonnes) Import duty
(EUR/
Nomenclature
(TARIC order
number)CN code Description Country of origin
Annual Quarterly100kg net
weight)ANNEX II
‘ANNEX II
TARIFF QUOTAS PURSUANT TO THE GATT/WTO AGREEMENTS, NOT SPECIFIED BY COUNTRY OF ORIGIN
(GATT/WTO year)
33
(09.4590)04021019 Skimmed milk powder all third countries 68000 17000 47,50
34 04051011 Butter and other fats and oils derived from milk all third countries 10000 2500
(09.4599) 04051019
04051030in butter equivalent
04051050
04051090
04059010(1)
04059090(1)
36
(09.4591)ex 04061020
ex 04061080Pizza cheese, frozen, cut into pieces each weighing not more than 1 gram, in containers of a net
content of 5kg or more, of a water content, by weight, of 52% or more, and of a fat content byweight in the dry matter of 38% or moreall third countries 5300 1325 13,00
37 ex 04063010 Processed Emmental all third countries 18400 4600 71,90
(09.4592) 04069013 Emmental 85,80
38 ex 04063010 Processed Gruyère all third countries 5200 1300 71,90
(09.4593) 04069015 Gruyère, Sbrinz 85,80
39
(09.4594)04069001 Cheese for processing(2) all third countries 20000 5000 83,50
41
(09.4595)04069021 Cheddar all third countries 15000 3750 21,00
2000R0970 — EN — 18.05.2000 — 000.001 — 17▼B
Order number in
Annex 7 to the
CombinedQuota quantity
(tonnes) Import duty
(EUR/
Nomenclature
(TARIC order
number)CN code Description Country of origin
Annual Quarterly100kg net
weight)
44
(09.4596)ex 04061020 Fresh (unripened or uncured) cheese, including whey cheese, and curd, other than pizza cheese of
order No 40all third countries 19500 4875 92,60
ex 04061080 106,40
04062090 Other grated or powdered cheese 94,10
04063031 Other processed cheese 69,00
04063039 71,90
04063090 102,90
04064010
0406405004064090Blue-veined cheese 70,40
04069017 Bergkäse and Appenzell 85,80
04069018 Fromage fribourgeois, Vacherin Mont d’Or and Tête de Moine 75,50
04069023 Edam
04069025 Tilsit
04069027 Butterkäse
04069029 Kashkaval
04069031 Feta, of sheep’s milk or buffalo milk
04069033 Feta, other
04069035 Kefalo-Tyri
04069037 Finlandia
04069039 Jarlsberg
04069050 Cheese of sheep’s milk or buffalo milk
ex 04069063 Pecorino 94,10
04069069 Other
04069073 Provolone 75,50
ex 04069075 Caciocavallo
ex 04069076 Danbo, Fontal, Fynbo, Havarti, Maribo, Samsø
04069078 Gouda
2000R0970 — EN — 18.05.2000 — 000.001 — 18▼B
Order number in
Annex 7 to the
CombinedQuota quantity
(tonnes) Import duty
(EUR/
Nomenclature
(TARIC order
number)CN code Description Country of origin
Annual Quarterly100kg net
weight)
ex 04069079 Esrom, Italico, Kernhem, Saint-Paulin
ex 04069081 Cheshire, Wensleydale, Lancashire, Double Gloucester, Blarney, Colby, Monterey
04069082 Camembert
04069084 Brie
04069086 Exceeding 47% but not exceeding 52%
04069087 Exceeding 52% but not exceeding 62%
04069088 Exceeding 62% but not exceeding 72%
04069093 Exceeding 72% 92,60
04069099 Other 106,40
(1) 1kg product=1,22kg butter.
(2) Utilisation for this particular purpose will be monitored by applying the Community provisions laid down on the subject.'
2000R0970 — EN — 18.05.2000 — 000.001 — 19
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ANNEX III
‘ANNEX VI
RULES FOR COMPLETING CERTIFICATESThe following must be completed, in addition to boxes 1, 2, 4, 5, 9, 17 and 18of
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 8in 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%, inwhole cheeses not exceeding 10 kg net, whether wrapped 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
brine, or in sheep or goatskin bottles, and “Halloumi” cheese listed underNos 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 orgoatskin bottles” or “Halloumi” cheese is to be presented in individualplastic packings of a net content not exceeding 1 kg or in metal or plasticcontainers of a net content not exceeding 12 kg;
2000R0970 — EN — 18.05.2000 — 000.001 — 20
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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 andex 0406 90 88:
1. box 7 by specifying either “Jarlsberg cheese” and as appropriate:
— “Whole cheeses, with rind, of a net weight of 8to 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”.'
2000R0970 — EN — 18.05.2000 — 000.001 — 21▼B
Issuing agency
‘Third country CN code and description
Name LocationANNEX IV
New Zealand ex 04051011 Butter MAF Food Assurance Authority ASB Bank House
ex 04051019 Butter Ministry of Agriculture and Forestry 101-103 The Terrace
ex 04051030 ButterPO Box 2526
Wellington
ex 04069001 Cheese for processing New Zealand
ex 04069021 Cheddar'Tel. (64-4) 4744100
Fax (64-4) 4744240
2000R0970 — EN — 18.05.2000 — 000.001 — 22
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ANNEX V
‘ANNEX Va
IMA 1 CERTIFICATE
1. Seller 2. Serial No of issueORIGINAL
CERTIFICATE
for the entry of certain New Zealand butter subject to the
tariff quota referred to under order No 35 in Annex 7 of the
Combined Nomenclature
4. Number and date of invoice 5. Country of origin
IMPORTANT
A. A separate certificate must be made out for each form of presentation of each product.
B. The certificate must be in an official language of the European Community. It may also contain a translation into the official language or one offici al language of the
exporting country.
C. The certificate must be made out in accordance with the Community provisions in force.D. The original, and where appropriate, a copy of the certificate together with its corresponding import licence and a declaration for release for fre e circulation must be
presented to the customs office in the Community at the time when the product is being released into free circulation.
7. Marks, numbers, number and kind of packages, detailed CN description and eight-digit CN code of the product preceeded by
“ex” and particulars of its form of presentation.— See product identification list attached reference:— CN code: ex 0405 10 — Butter, at least six weeks old, of a fat content by weight not less than 80 %, but less than 82 %,
manufactured directly from milk or cream
— Product purchasing specification— Factory registration No— Date of manufacture— Arithmetic mean of the tare weight of plastic wrapping8. Gross
weight(kg)9. Net weight
(kg)
l
►(1)s◄
10. Raw material used
13. Fat content by weight (%)
Typical process standard deviation of the fat content of the butter made in the factory according to the product purchasing specifications which are i ndicated in box
7 and its date of entry into force for the purpose of issuing IMA 1 certificates
16. Observations: (a) tariff quota (1)
(b) intended for processing(1)
17. ITIS HEREBY CERT IFIED:
||
— that the most recently manufactured butter covered by this certificate is/will be (1) at least six weeks old
since/on(1):
— that the particulars set out above are accurate and comply with the Community provisions in force.— that the total quota for the year 200
.................................... kg.Year Month Day
.................................. ||
Place Year Month Day
Valid up to: ||
Year Month Day
18. Issuing agency
(Signature and stamp of issuing agency)
(1) Delete where not applicable.'
►(1)C2
2000R0970 — EN — 18.05.2000 — 000.001 — 23
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‘ANNEX XI
CONTROL OF WEIGHT AND FAT CONTENT OF BUTTER ORIGIN-
ATING IN NEW ZEALAND IMPORTED PURSUANT TO ARTICLE 5
OF REGULATION (EC) No 1374/98
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 toin Article 5;
(b) “cypher”: the quantity of butter produced according to one product
purchasing specification in one production plant during a single manu-facturing 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 identicalproduct and quantity as the IMA 1 presented to the competent customsauthority for release into free circulation under the tariff quota referredto in Article 5;
(d) “competent authorities”: the authorities in the Member States respon-
sible 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 issuingagency;
(f) “product identification list”: a list which identifies in respect of each lot
the serial number of its corresponding IMA 1 certificate, the singleproduction plant or factory, the cypher or cyphers and which alsoprovides a description of the butter. It may also identify the specifica-tion to which the butter was manufactured, the production season, thenumber of boxes corresponding to each cypher, the total number ofboxes, the nominal weight of the boxes, the exporter’s order number,the means of transport from New Zealand to the European Communityand the voyage number.
2.Completion and verification of the IMA1 certificate
2.1. An IMA 1 certificate shall cover butter manufactured according to one
product purchasing specification in one plant. It may cover more than onecypher 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 certificatenumber 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 8the 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”,
— the standard deviation of the net weight of the boxes designated by
the symbol “ σ”;
2000R0970 — EN — 18.05.2000 — 000.001 — 24
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(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 thepurpose 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 theproducer by the analysis of between 10 and 25 samples per cypher.
Verification shall require that the arithmetic mean shall not exceed M−
(the maximum mean milk fat content of the sample) where:
M= 81,99 – 1,645 σ
where σis the typical process standard deviation.
3.Monitoring of weight
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:
n=3√N
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 infor-
mation on tare weight given on the IMA 1 certificate, which may include acomparison with weight of plastic wrappers used in the Community orexamination of a certificate from the manufacturer of the plastic wrappersused 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 and σis 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.
2000R0970 — EN — 18.05.2000 — 000.001 — 25
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ns / σMinimum ratio (1)s/σfor a given sample size ( n)
10 (2) 0,608
11 0,628
12 0,64513 0,66014 0,67315 0,68516 0,69617 0,705180,71419 0,72220 0,73021 0,73722 0,74323 0,74924 0,75425 0,76026 0,76427 0,769280,77329 0,77830 0,78131 0,78532 0,78933 0,79234 0,79535 0,79836 0,80137 0,804380,8 0739 0,80940 0,81241 0,81442 0,81643 0,819
(1) The minimum ratios have been calculated using tabulated Chi2values (5 % quantile;
n– 1 degrees of freedom).
(2) 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:
w/lessequal1W+2,326 σ
√n
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
2000R0970 — EN — 18.05.2000 — 000.001 — 26
▼B
ns / σnis 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 excessover the declared weight shall be imported in accordance with Article 26 ofCouncil Regulation (EC) No 1255/1999 (OJ L 160, 26.6.1999, p. 48).
4.Control of the fat content
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, theminimum 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 (OJL 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 (
1)s/σfor a given sample size ( n)
5(2) 1,540
6 1,488
7 1,44881,4179 1,39210 1,37111 1,35312 1,33713 1,32414 1,31115 1,30116 1,29117 1,282181,27419 1,26620 1,25921 1,25322 1,247
(1) The maximum ratios have been calculated using tabulated Chi2values (95 % quantile;
n– 1 degrees of freedom).
(2)►C1The 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 (x)−does not exceed M−where:
M= 81,99 – 1,645 σ
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where σis the typical process standard deviation for the fat content speci-
fied 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 M−in
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 (x)−shall be
compared with M−using the following formula:
x/lessequal1M+ 1,645 σ–x
whereσx−is obtained using the following formula:
σ–x=√σ2
n+σ2
L+σ2
r
n
where:
σis the typical process standard deviation for the fat content specified on
the IMA 1 certificate,σ
Lis the between-laboratory standard deviation calculated as:
σ
L=√σ2
R–σ2
r= 0,102 %
σris the repeatability standard deviation = 0,079 %,
σRis the reproducibility standard deviation = 0,129 %, and
nis the sample size.
Ifx−satisfies the above formula, then the lot may be imported under the
quota referred to in Article 5.
Ifx−does not satisfy the above equation then non-compliance with the fat
content requirements shall be established. In this case the lot shall be
imported 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 ofreceiving these results, undertaking to pay for the costs of testing theduplicate samples. In this case the competent authority shall send sealedduplicates of the samples analysed by its laboratory to a second laboratory.This second laboratory shall be authorised by a Member State to carry outofficial analyses and be recognised by that Member State as having compet-ence in applying the method referred to in point 4.1, as demonstrated bymeeting the repeatability criterion when analysing blind duplicates and bysuccessful participation in proficiency tests.
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 byboth laboratories is reported as the final result. The final resultsobtained in this way are used to test compliance as described in sections4.2, 4.3 and 4.4. One non-compliance with the reproducibility limit per10 sample units is accepted.
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y−: 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.'
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‘ANNEX XII
Application of Article 9(10) of Commission Regulation (EC) No 1374/98
COMMISSION OF EUROPEAN COMMUNITIES
DG AGRI/D/1 — ‘Milk unit'
Description of the field
(Column 1)Box No
(Column 2)Value
(Column 3)Unit or
format
Name of the butter manufacturer: 1 —
Lot identification code: 2 —
Size of the lot: 3 kgGeneral information
Date of control: 4 day/month/year
Size of the random sample: 5 No of boxes
Arithmetic mean of the net weight per box:
(as specified on the IMA 1 certificate — box 9)6 kg
Arithmetic mean of the net weight of the sample boxes: 7 kgMean
The arithmetic mean of the net weight determined in the EU showsa significant difference to the declared value:8N=N o
Y = Yes
Standard deviation of the net weight per box:
(as specified on the IMA 1 certificate — box 9)9 kg
Standard deviation of the net weight of the sample boxes: 10 kg
Weight controlStandard deviationThe standard deviation of the net weight determined in the EUshows a significant difference to the declared value:11N=N o
Y = Yes
Size of the random sample: 12 No of boxes
Maximum mean fat content resulting from the reported typical
standard deviation:13 % fat
Arithmetic mean of the fat content of the sample boxes: 14 % fatMean
The arithmetic mean of the fat content determined in the EU showsa significant difference to the maximum mean fat content:15N=N o
Y = Yes
Typical standard deviation of the fat content:
(as specified on the IMA 1 certificate — box 13)16 % fat
Standard deviation of the fat content of the sample boxes: 17 % fat
Control of the fat contentStandard deviationThe standard deviation of the fat content determined in the EUshows a significant difference to the declared value:18N=N o
Y = Yes
To be sent to the European Commission by e-mail (DGAGRI-D1-Milk@cec.eu.int) or by fax ((32-2)29555 03)'
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‘ANNEX XIII
CIRCUMSTANCES UNDER WHICH AN IMA 1 CERTIFICATE OR
PART THEREOF MAY BE CANCELLED, AMENDED, REPLACED OR
CORRECTED
1.CancellationofIMA1whenfulldutyisdueandpaidfornon-respectof
compositional requirements
Where full duty is paid on a lot because the maximum fat content require-
ment is not respected the corresponding IMA 1 certificate may be cancelledand the IMA 1 issuing agency may add these quantities to those in respectof which IMA 1 certificates may be issued for the same quota year. Thecustoms authority shall retain the corresponding import licence, send it tothe import licence issuing authority, which shall amend it to convert it into afull duty import licence for the quantity in question in accordance withArticle 9(5).
2.Produce destroyed or rendered unfit for sale
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 incircumstances beyond the control of the exporter. Where part of the quantitycovered by an IMA 1 is destroyed or rendered unfit for sale, a replacementIMA 1 may be issued for the remaining quantity. In the case of NewZealand butter referred to in Article 5, the original product identification listshall be used for this purpose. The replacement certificate shall be validonly up to the same date as the original. In this case, box 17 of thereplacement 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 expor-ters’ control, the IMA 1 issuing agency may add these quantities to those inrespect of which IMA 1 certificates may be issued for the same quota year.
3.Change of Member State of destination
When the exporter is obliged to change the Member State of destination
indicated on an IMA 1, before a corresponding import licence is issued, theoriginal IMA 1 may be amended by the IMA 1 issuing agency. Such anamended original IMA 1 certificate, duly authenticated and appropriatelyidentified by the issuing agency may be presented to the licensing authorityand 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 becorrected by the issuing agency. Such a corrected original IMA 1 may bepresented 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 unavail-able and the only means, in the light of normal shipping time from thecountry of origin, of filling the quota is to replace it with product originallyintended for import for the following year, the issuing agency may, on thesixth working day after giving due notification to the Commission of thedetails of the IMA 1 certificate or part thereof to be cancelled for the year inquestion and of the first IMA 1 certificate or part thereof issued for thefollowing year to be cancelled, issue a new IMA 1 certificate for thereplacement 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 isgreater than that covered by the first IMA 1 certificate issued for thefollowing year the required quantity may be obtained by cancelling anadditional 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 forwhich an IMA 1 certificate may be issued for that quota year. All quantitiesbrought forward from the following quota year, in respect of which an IMA1 certificate or certificates have been cancelled, shall be added back to thequantities for which IMA 1 certificates may be issued for that quota year.'