COMMISSION REGULATION (EC) No 694/96 of 17 April 1996 amending Regulation (EC) No 1600/95 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 (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Commission Regulation (EC) No 2931/95 (2), and in particular Article 13 (13) and Article 16 (1) and (4) thereof,

Having regard to Council Regulation (EC) No 3093/95 of 22 December 1995 laying down the rates of duty to be applied by the Community resulting from negotiations under GATT Article XXIV.6 consequent upon the accession of Austria, Finland and Sweden to the European Union (3), and in particular Article 5 thereof,

Whereas Commission Regulation (EC) No 1600/95 (4), as last amended by Regulation (EC) No 573/96 (5), should be adapted to take account of the negotiations under GATT Article XXIV.6, the results of which take effect on 1 January 1996 as regards the tariff quotas specified by country of origin; whereas the quantities set out in Annex I to Regulation (EC) No 1600/95 should accordingly be adjusted;

Whereas the description 'pizza cheese` in Schedule L XXX (European Communities) annexed to the Marrakesh Protocol to the General Agreements 1994 has been amended; whereas the description in Regulation (EC) No 1600/95 should be amended accordingly;

Whereas it transpires that certain provisions of Regulation (EC) No 1600/95 are incomplete or too restrictive; whereas they should accordingly be adapted;

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 (EC) No 1600/95 is hereby amended as follows:

1. In Article 2 (3), the words 'until the end of the second month following` are replaced by 'until the end of the third month thereafter`.

2. In the introductory part of Article 13 (d), the words 'licence applications` are replaced by 'licence applications and licences`.

3. Article 14 (4) is replaced by the following:

'4. (a) The Commission shall decide as soon as possible to what extent licences may be granted in response to applications submitted and shall inform the Member States of its decision.

(b) Notwithstanding Article 2 (4), licences shall be issued within a maximum of three working days of the Commission's decision as provided for in (a).

(c) (i) Where the total quantity covered by licence applications exceeds the quantity fixed, the Commission may apply an allocation factor to the quantities applied for.

(ii) Where the total quantity covered by licence applications is less than the quantity available, the Commission shall determine the quantity remaining, which shall be added to that available for the following period of the same year of import.`

4. Annex I is replaced by Annex I hereto.

5. In Annex II, the description opposite Order No 29 is replaced by the following:

'Pizza cheese, frozen, cut into pieces each weighing not more than 1 gram, in containers with a net content of 5 kg or more, of a water content, by weight, of 52 % or more, and a fat content by weight in the dry matter of 38 % or more.`

6. In Annex IV, the CN codes '0406 90 31` and '0406 90 50` opposite Order No 9 are replaced by 'ex 0406 90 31` and 'ex 0406 90 50` respectively.

7. Annex VII is replaced by Annex II hereto.

Article 2

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

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

Done at Brussels, 17 April 1996.

For the Commission

Franz FISCHLER

Member of the Commission

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

(2) OJ No L 307, 20. 12. 1995, p. 10.

(3) OJ No L 334, 30. 12. 1995, p. 1.

(4) OJ No L 151, 1. 7. 1995, p. 12.

(5) OJ No L 80, 30. 3. 1996, p. 54.

ANNEX I

'ANNEX I

TARIFF QUOTAS PURSUANT TO THE GATT/WTO AGREEMENTS SPECIFIED BY COUNTRY OF ORIGIN

(Calendar year)

>TABLE>

ANNEX II

'ANNEX VII

>TABLE>