4.

Articles 34 to 39 are replaced by the following: ‘Article 34 1. This section shall apply to imports of butter from New Zealand under the quota numbers 09.4195 and 09.4182 as referred to in Annex III.A to this Regulation. 2. The provisions of Articles 27, 30, 31(1), 32(2) and (3) and Article 33(1) points (a) to (d) shall apply. 3. The words “at least six weeks old” in the description of the quota for New Zealand butter shall mean at least six weeks old on the date on which a declaration of release for free circulation is presented to the customs authorities. 4. Annex III.A sets out the tariff quotas, the duty to be applied and the maximum quantities to be imported during each import tariff quota period or subperiod. Article 34a 1. The quotas shall be divided into two parts as referred to in Annex III.A: (a) quota No 09.4195 (hereafter called part A) shall be distributed among Community importers who are approved according to the provisions of Article 7 and who can prove: (i) for the quota year 2007, that they have imported under the quota 09.4589 during 2006, (ii) for the quota year 2008, that they have imported under one of the quotas 09.4589, 09.4195 or 09.4182 in the period from 1 January 2006 until 31 December 2007, (iii) for the following quota years, that they have imported under one of the quotas 09.4589, 09.4195 or 09.4182 in the course of the 24 months prior to the month of November preceding the quota year; (b) quota No 09.4182 (hereafter called part B) shall be reserved for applicants: (i) who are approved according to the provisions of Article 7, or (ii) for the period January to June 2007 for applicants established in Bulgaria and Romania, who comply with the provisions of Article 1(2) of Commission Regulation (EC) No 2018/2006 (3), and (iii) who can prove that during the 12 month period prior the month of November preceding the quota year that they imported into and/or exported from the Community at least 100 tonnes of milk or milk products covered by Chapter 04 of the Combined Nomenclature in at least 4 separate operations. However, for the quota years 2007 and 2008, the 12 month period referred to shall be respectively the calendar year 2006 and 2007. 2. The trade performance proofs referred to under points (a) and under points (b)(ii) and (iii) of paragraph 1 shall be valid for both half yearly periods of the quota year. 3. Licence applications may be lodged only during the first 10 days of the following months: (a) in January 2007 and 2008 for the quota subperiod January-June; however for January 2007 licence applications may be lodged during the first 15 days; (b) in the month of November for the following January-June quota subperiods; (c) in the month of June for the quota subperiod July-December. 4. To be admissible, applications for import licences may cover, per applicant: (a) For part A, no more than 125 %: (i) for the quota year 2007, of the quantity of products that they have imported under the quota 09.4589 in 2006, (ii) for the quota year 2008, of the total quantity of products that they have imported under the quotas 09.4589, 09.4195 and 09.4182, in 2006 and 2007, (iii) for the following quota years, of the quantities that they have imported under the quotas 09.4589, 09.4195 or 09.4182, in the course of the 24 month period prior to the month of November preceding the quota year; (b) For part B, not less than 20 tonnes and no more than 10 % of the available quantity for the subperiod and provided they are able to prove to the satisfaction of the competent authority of the Member State concerned that they fulfil the conditions laid down in paragraph 1 point b. The proofs referred to above shall be submitted at the time the applications for licences are lodged. Subject to complying with the eligibility conditions, applicants may apply simultaneously under both parts of the quota. The licence applications must be separate for part A and for part B. Proof of imports or exports shall be furnished in accordance with the second subparagraph of Article 5 of Regulation (EC) No 1301/2006. 5. Licence applications may be lodged only in the Member State of approval, and must bear the importer's approval number. Article 35 The security referred to in Article 15(2) of Regulation (EC) No 1291/2000 shall be EUR 35 per 100 kilograms net of product. Article 35a 1. At the latest on the third working day following the end of the period for lodging applications, Member States shall notify the Commission of the applications lodged for each of the products concerned. 2. Notifications shall include the quantities applied for under each quota number, broken down by CN code. 3. The Commission shall decide within five working days after the notification period referred to in paragraph 1 to what extent applications may be accepted. Where the applied quantities do not exceed the available quota quantities, no decision is taken by the Commission and licences are issued for the quantities applied for. Where applications for licences for a subquota exceed the available quantity for the quota period in question, the Commission shall apply a uniform allocation coefficient to the quantities for which application is made. The part of the security corresponding to the quantities not allocated shall be released. Where, for one of the subquotas, the result of applying the allocation coefficient would be to allocate licences for less than 20 tonnes per application, the corresponding quantities available shall be awarded by the Member State concerned by drawing lots for licences of 20 tonnes each amongst the applicants who would have been allocated less than 20 tonnes as a result of applying the allocation coefficient. Where the result of establishing lots of 20 tonnes leads to a residual quantity of less than 20 tonnes, that quantity shall be considered a single lot. The security for applications which are not successful in the allocation by drawing lots shall be released immediately. 4. The issue of licences shall be made no more than five working days after the decision referred to in paragraph 3. 5. Import licences issued under this Regulation shall be valid until the last day of the half yearly period referred to in Annex III.A. 6. Import licences issued under this section may be transferred only to natural or legal persons approved in accordance with Article 7. Together with the request for transfer, the transferor shall notify the issuing body of the approval number of the transferee. Article 35b Licence applications and licences shall contain the references provided for in Article 28, except the references to the IMA 1 certificate. Box 16 of licence applications may show one or more of the CN codes listed in Annex III.A. Box 20 of the licences shall show the subquota period for which the licences are issued. If a licence application indicates more than one CN code, it must specify the quantity requested for each code and a separate licence shall be issued for each code. Article 36 Where the New Zealand butter does not meet the compositional requirements, the quota benefit shall not be granted for the whole quantity subject to the relevant customs declaration. Once non-conformity has been established, where the declaration of release for free circulation has been accepted the customs authorities shall collect the import duty set in Annex I to Council Regulation (EEC) No 2658/87. For that purpose an import licence at full duty shall be issued for the non-conform quantity. The quantity shall not be attributed to the licence. Article 37 1. The duty rate provided for in Annex III.A shall be applied to New Zealand butter imported under the present section only on presentation of the declaration of release for free circulation accompanied by an import licence, issued in accordance with the provisions of Article 35a, and an IMA 1 certificate as referred to in Annex X issued by an issuing body listed in Annex XII, proving the eligibility requirements and the origin of the product covered by that declaration. Customs authorities shall indicate the serial number of the IMA 1 certificate on the import licence. 2. The quantity shown on the IMA 1 certificate shall be equal to the quantity shown on the customs import declaration. 3. IMA 1 certificates shall be valid from the date of issue up to the last day of the yearly import quota period. 4. The import licence can be used for one or more import declarations. Article 38 In addition to the requirements set out in Article 33(1)(a) to (d), issuing bodies may be listed in Annex XII only if they undertake to notify the Commission of the typical-process standard deviation of the fat content, as referred to in Annex IV(1)(e), of the New Zealand butter manufactured by each producer referred to in Annex IV(1)(a) according to each product purchasing specification. Article 39 Member States shall notify the Commission, by 31 January following the end of a given quota year, of the definitive monthly quantities and the total quantity for that quota year of products for which declarations of release for free circulation have been accepted under the tariff quota referred to in paragraph 1 during the previous quota year. The monthly notifications shall be made by the 10th of the month following that during which the declarations of release for free circulation are accepted.’