Commission Regulation (EC) No 2809/1999 of 23 December 1999 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
Date: 1999-12-23
Institutions: European Commission
Subjects: import, milk, milk product, tariff quota

31. 12. 1999

EN

Official Journal of the European Communities

L 340/77

COMMISSION REGULATION (EC) No 2809/1999

of 23 December 1999

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,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), and in particular Articles 26(3) and 29(1)
thereof,

Regulation (EC) No 1374/98 is amended as follows:

1. Article 19 is replaced by the following:

‘Article 19

Whereas:

(1)

(2)

(3)

By Council Decision 1999/753/EC of 29 July 1999
concerning the provisional application of the Agreement
on Trade, Development and Cooperation between the
European Community and its Member States, of the one
part, and the Republic of South Africa, of the other
part (2) (hereinafter ‘the Agreement’), the Council provi-
forward the application of certain
sionally brought
provisions of the Agreement. The Agreement provides
for
into the
removal of duties on imports
Community of certain cheeses within the limits of tariff
quotas and for the gradual elimination of import duties
on certain other milk products from 1 January 2000.

the

Commission Regulation (EC) No 1374/98 (3), as last
amended by Regulation (EC) No 1339/1999 (4),
lays
down detailed rules for the application of the import
arrangements and opens tariff quotas for milk and milk
products. That Regulation should therefore be amended
in order to implement the provisions of the Agreement
on imports of the products in question with effect from
1 January 2000.

To ensure the smooth operation of
the preferential
import arrangements for Turkey and the Republic of
South Africa, prevent
speculation and bring these
arrangements into line with the relevant provisions on
preferential imports in Commission Regulation (EC) No
2508/97 (5), as last amended by Regulation (EC) No
2631/1999 (6),
the
application to milk and milk products of the schemes
provided for in the Europe Agreements between the
Community and certain central and eastern European
licences should not be transferable.
countries,

laying down detailed rules

for

(4)

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

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 311, 4.12.1999, p. 1.
(3) OJ L 185, 30.6.1998, p. 21.
(4) OJ L 159, 25.6.1999, p. 22.
(5) OJ L 345, 16.12.1997, p. 31.
(6) OJ L 321, 14.12.1999, p. 13.

This Article shall apply to milk products imported

1.
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.

The period of validity of licences may not extend
4.
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.

Articles 13, 14, 16 and 17 shall apply mutatis

5.
mutandis.

However,

(a) notwithstanding Article 13(2), licence applications must
be for a minimum of 10 tonnes and may not exceed the
quantity available for each period referred to in para-
graph 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
the period for submission of
following the end of
applications, of applications lodged for each of
the
products listed in Annex III.B and C. Such notification
shall comprise the list of applicants and the quantities
applied for by CN code. All notifications,
including
notification of no applications, shall be made by telex or
fax on the working day stipulated, in accordance with
the specimen in Annex X.’

L 340/78

EN

Official Journal of the European Communities

31. 12. 1999

2. Article 23 is amended as follows:

(a) Paragraph 1 is replaced by the following:

‘1.

Notwithstanding Article 22:

(a) paragraphs 2, 3 and 4 shall apply to imports
coming from Switzerland under the special arrange-
ment 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 Euro-
pean Community and the Republic of South
Africa (*), except for imports provided for in
Article 19(1) of this Regulation.

(*) OJ L 311, 4.12.1999, p. 3.’

(b) Paragraph 4 is replaced by the following:

The reduced rate of duty shall be applied only
‘4.
on presentation of the declaration of release for free

circulation accompanied by the import
the proof of origin issued under:

licence and

(a) Protocol 3 to the Agreement between the Euro-
and
Swiss
the
from Switzerland;

Economic Community
imports
for

pean
Confederation (*),

(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 Euro-
pean Community and the Republic of South
Africa, for imports from South Africa.

(*) OJ L 300, 31.12.1972, p. 189.’

3. Annex I to this Regulation is inserted as Annex III.C.

4. Annex II to this Regulation is inserted in Annex IV as

point 14.

5. Annex X to Regulation (EC) No 1374/98 is replaced by

Annex III to this Regulation.

Article 2

This Regulation shall enter into force on 1 January 2000.

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

Done at Brussels, 23 December 1999.

For the Commission

Margot WALLSTRÖM

Member of the Commission

31. 12. 1999

EN

Official Journal of the European Communities

L 340/79

ANNEX I

‘C. SOUTH AFRICA

(Calendar year)

Serial
number
(TARIC
order
number)

15
(09.4151)

CN code

Description (1)

Country of origin

Year of
importation

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 99

Republic of South
Africa

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

Import
duty
(EUR/100 kg
net)

0

Quota
(tonnes)

Annual

Half-yearly

5 000

5 250

5 500

5 750

6 000

6 250

6 500

6 750

7 000

7 250

2 500

2 625

2 750

2 875

3 000

3 125

3 250

3 375

3 500

3 625

unlimited

unlimited

(1) See Annex I to Regulation (EEC) No 2658/87.’

L 340/80

EN

Official Journal of the European Communities

31. 12. 1999

‘Serial
number

14

ANNEX II

Import duty as a % of the basic duty

CN code

Description (1)

Country of origin

Year

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Republic of
South Africa

91

82

73

64

55

45

36

27

18

9

0

Republic of
South Africa

100 100 100 100 100 83

67

50

33

17

0

0401
0403 10 11
0403 10 13
0403 10 19
0403 10 31
0403 10 33
0403 10 39

0402 91
0402 99
0403 90 51
0403 90 53
0403 90 59
0403 90 61
0403 90 63
0403 90 69

0404 10 48
0404 10 52
0404 10 54
0404 10 56
0404 10 58
0404 10 62
0404 10 72
0404 10 74
0404 10 76
0404 10 78
0404 10 82
0404 10 84

0406 10 20
0406 10 80
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 99

1702 11 00
1702 19 00

2106 90 51

2309 10 15
2309 10 19
2309 10 39
2309 10 59

for
the quantities imported in
excess of the quotas referred to in
Annex III.C

31. 12. 1999

EN

Official Journal of the European Communities

L 340/81

Serial
number

CN code

Description (1)

Country of origin

Year

Import duty as a % of the basic duty

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

2309 10 70
2309 90 35
2309 90 39
2309 90 49
2309 90 59
2309 90 70

(1) See Annex I to Regulation (EEC) No 2658/87.’

L 340/82

EN

Official Journal of the European Communities

31. 12. 1999

ANNEX III

‘ANNEX X

APPLICATION OF ARTICLE 19

Commission of the European Communities

DG AGRI/D/1 — Milk and Milk Products Sector

IMPORT DUTIES APPLICATIONS

Member State:

Period:

CN code

Applicant (name and address)

Quantity
(tonnes)

Country of origin

Turkey

Total (tonnes):

Republic of South Africa’

Total (tonnes):