COMMISSION REGULATION (EEC) No 1317/93 of 28 May 1993 amending Regulation (EEC) No 1767/82 laying down detailed rules for applying specific import levies on certain milk products, particularly with a view to the application of the Bilateral Agreements on agriculture concluded between the Community, of the one part, and Austria, Finland, Iceland, Norway and Sweden, of the other part

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 1108/93 of 4 May 1993 concerning certain detailed rules for the application of the Bilateral Agreements on agriculture concluded between the Community, of the one part, and Austria, Finland, Iceland, Norway and Sweden, of the other part (1), and in particular Article 1 thereof,

Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (2), as last amended by Regulation (EEC) No 2071/92 (3), and in particular Article 14 (7) thereof,

Whereas the Community has signed, in parallel with the agreement on the European Economic Area, agreements with Austria, Finland, Iceland, Norway and Sweden; whereas the agreements cover arrangements for the two-way trade in cheese with Austria, Finland, Norway and Sweden; whereas the arrangements provide for the opening of annual reduced-levy tariff quotas for certain cheeses originating in those countries; whereas the arrangements with Austria, Finland and Norway replace previous arrangements for the two-way trade in cheeses concluded with those countries; whereas the new arrangements with the latter countries necessitate adjustments to Commission Regulation (EEC) No 1767/82 laying down detailed rules for applying specific import levies on certain milk products (4), as last amended by Regulation (EEC) No 3648/92 (5);

Whereas the Community has undertaken to apply the said Bilateral Agreements on agriculture from 15 April 1993; whereas the arrangements provide for the quantities to be adjusted pro rata temporis for 1993; whereas it is also necessary to ensure a smooth transition in 1993 from the old arrangements for the two-way trade in cheese with Austria, Finland and Norway to the new arrangements with those countries; whereas that transition necessitates the inclusion of quantities already imported in 1993 under the old arrangements in the determination of the overall quantities eligible for Community concessions in 1993; whereas the calculation method to be used for that purpose should be the following: the quantities for 1993, adjusted pro rata temporis, eligible under the old arrangements, should be added to the quantities, adjusted pro rata temporis, provided for 1993 under the new arrangements, the total being then be adjusted by any difference between the quantities actually imported under the old arrangements in 1993 and the quantities, adjusted pro rata temporis, eligible under the old arrangements in 1993;

Whereas, in addition, the description of the agency issuing IMA 1 certificates in Austria should be amended and certain other technical adjustments should be made to Regulation (EEC) No 1767/82;

Whereas, by Council Regulation (EEC) No 3813/92 of 18 December 1993 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (6), the Council abolished the system of monetary compensatory amounts; whereas, therefore, it is necessary to delete Article 8 of Regulation (EEC) No 1767/82;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1767/82 is hereby amended as follows:

1. Article 8 is deleted.

2. Annex I is replaced by the Annex to this Regulation.

3. In Annex III:

- in the introductory wording of point D, sub-heading 'ex 0406 30' is replaced by 'ex 0406 30 10',

- point D 3 is deleted,

- point D.5 is replaced by the following:

'Box 15: in the case of products originating in Austria, Finland or Norway, however, box 15 need not be completed,'

- in the introductory wording of point I, letter (t) and the words 'Turunmaa or Lappi cheese' are deleted,

- in point I, 1, the words 'Turunmaa cheese' or 'Lappi cheese' are deleted,

- points M, N, O and P are deleted.

4. In Annex IV the headings 'Austria' and 'Finland' are replaced by the following:

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Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply from 15 April 1993.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 May 1993.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 113, 7. 5. 1993, p. 1.

(2) OJ No L 148, 28. 6. 1968, p. 13.

(3) OJ No L 215, 30. 7. 1992, p. 64.

(4) OJ No L 196, 5. 7. 1982, p. 1.

(5) OJ No L 369, 18. 12. 1992, p. 15.

(6) OJ No L 387, 31. 12. 1992, p. 1.

ANNEX

'ANNEX I

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(1) Special milk for infants means products free from pathogenic germs and which have fewer than 10 000 revivifiable aerobic bacteria and fewer than two coliform bacteria per gramme.

(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 inclusive;

- Gruyère: not less than 20 kg but not more than 45 kg inclusive;

- Sbrinz: not less than 20 kg but not more than 50 kg inclusive;

- Bergkaese: not less than 20 kg but not more than 60 kg inclusive;

- Appenzell: not less than 6 kg but not more than 8 kg inclusive;

- Fromage Fribourgeois: not less than 6 kg but not more than 10 kg inclusive;

- Tête de Moine: not less than 0,700 kg but not more than 4 kg inclusive;

- Vacherin Mont d'Or: not less than 0,400 kg but not more than 3 kg inclusive;

For the purposes of these provisions, "rind" is defined as follows:

"The rind of such cheeses is the outer layer formed from the cheese itself, having a distinctly more solid consistency and a distinctly darker colour".

(b) "Whole cheddar cheeses" means:

- whole cheeses of a net weight of not less than 33 kg but not more than 44 kg inclusive,

- 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 exportation, plus an amount, where appropriate, for delivery and insurance costs to the customs territory of the Community.

(4) The concession shall apply to rectangular blocks or pieces packed in vacuum or in inert gas provided that the packagings of such goods bear at least the following 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) The expression "put up for retail sale" shall be taken to apply to cheese put up in immediate packings of a net weight not exceeding 1 kg containing portions or slices of an individual net weight not exceeding 100 g.

(6) For 1993 the overall annual quantities provided for under the arrangements shall be defined as follows:

W = [X × 8,5/12] [Z (Y × 3,5/12)]

where:

W is the actual quota to be opened on 15 April;

X is the annual quota under the Oporto agreement;

Y is the annual quota under the previous arrangement and opened on 1 January;

Z is the quantity to be imported under Y up to 15 April.'