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
Date: 2000-05-08
Institutions: European Commission
Subjects: customs regulations, import licence, import policy, milk, milk product, tariff quota

11.5.2000

EN

Official Journal of the European Communities

L 112/27

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 milk products (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 goods complicates the import
procedure, that procedure is considerably simplified by
the exporting country giving an assurance that
the
product exported meets the description of the goods in
question. A product may only qualify for the specific
duty when it is accompanied by a certificate known as
the inward monitoring arrangements (IMA 1) certificate,
issued in a prescribed form on the responsibility of the
exporting country and providing the said assurance. This
system of certificates is also used by non-member coun-
tries to monitor compliance with tariff quotas.

(2) While additional verification and monitoring by the
Community was initially considered unnecessary experi-
ences has shown the need for a verification of declara-
tions at Community level based on random sampling of
lots and the use of internationally recognised testing and
statistical methods.

(3)

(4)

In application of Articles 26 and 29 of Regulation (EC)
No 1255/1999,
the Commission shall ensure that
import licences are issued to any applicant irrespective
of his place of establishment in the Community and
shall, taking into account all the relevant provisions,
avoid any discrimination between importers.

Additional precision is necessary for the implementation
of the IMA 1 certificate system notably with regard to
the completion,
issue, cancellation, amendment and
replacement of certificates by the IMA 1 issuing agency,
their validity period and the conditions for their use with

(5)

(6)

(7)

(8)

a corresponding import licence. The monitoring of all
such imports and an end of year audit to ensure respect
of the quota should be provided for.

In the light of experience additional conditions are
appropriate for the import of New Zealand butter under
the current access quota notably linking the quantity
covered by a single IMA 1 certificate to that covered by
a corresponding single import licence and requiring that
they both be used only once together with one declara-
tion for release for free circulation by way of derogation
from Commission Regulation (EEC) No 3719/88 of 16
November 1988 laying down common detailed rules for
import and export
the system of
the application of
licences and advance fixing certificates for agricultural
products (4), as last amended by Regulation (EC) No
1127/1999 (5).

New Zealand butter entered under the current access
quota must be identified to avoid the grant of full export
refund and the payment of certain aid amounts.

Certain features of the IMA 1 certificate system must be
modified to take account of new rules for completing
certificates, for monitoring the issue of certificates and
for monitoring authorised amendments to those certi-
ficates and to introduce precision with regard to control
and verification of imports under Regulation (EC) No
1374/98.

Regulation (EC) No 1374/98 provides that operators
who intend to import certain cheeses originating in
Switzerland must undertake to respect a minimum
free-at-frontier value in order to benefit from preferential
treatment for those cheeses. In the past this undertaking
was given in box 17 of the obligatory IMA 1 certificate
which is no longer the case. It is appropriate, for reasons
of clarity, to specify the notion of the free-at-frontier
value and the conditions to ensure its respect.

(9)

Modifications to Annexes I and VII to Regulation (EC)
No 1374/98 are appropriate in light of the special provi-
sions for completing the IMA 1 certificate for imports of

(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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11.5.2000

New Zealand butter under the current access quota and
of the types of butter eligible under that quota. A new
specimen IMA 1 should be used for the import of New
Zealand butter under the current access quota.

(10)

(EC) No

Regulation

Commission
2204/1999 (1)
amended Annex I to Council Regulation (EEC) No 2658/
87 of 23 July 1987 on tariff and statistical nomenclature
and on the Common Customs Tariff (2), as last amended
by Regulation (EC) No 254/2000 (3). The WTO tariff
quotas to be opened by the competent Community
authority from 1 July 2000 are indicated in Annex 7 to
Part Three, Section III, of the abovementioned Annex I
together with new quota order numbers as far as milk
product quotas are concerned. The quota order numbers
in Annexes I and II to Regulation (EC) No 1374/98
should be aligned to those in Annex 7 of Regulation
(EEC) No 2658/87 and the WTO quotas to be opened
from 1 July 2000 must also be fixed in Annex II to
Regulation (EC) No 1374/98 in conformity with that
same Annex 7.

(11)

Canadian cheddar is now the only product covered by
the IMA 1 certificate system for which a minimum free
at frontier value must be respected and for this purpose
the buyer and the Member State of destination must be
indicated on the IMA 1 certificate. The rules
for
completing IMA 1 certificates in Annex VI should there-
fore be modified.

Agreements between the Community and the Republic
of Hungary, the Republic of Poland, the Czech Republic,
the Slovak Republic, Bulgaria and Romania and Slovenia
and the Agreements on free
trade between the
Community and the Baltic States. In the light of experi-
ence further precision with regard to import controls is
necessary to improve the protection of own resources. It
is therefore appropriate to apply the import controls
provided for in Regulation (EC) No 1374/98 to these
import regimes also.

(15)

For the purposes of Chapter IVa of this Regulation,
Articles 239 to 250 of Commission Regulation (EEC) No
2454/93 of 2 July 1993 laying down provisions for the
implementation of Council Regulation (EEC) No 2913/
92 establishing the Community Customs code (6), as
last amended by Regulation (EC) No 1662/1999 (7), will
apply. However, the procedure to be followed in certain
cases where the lot covered by a declaration for release
for free circulation does not conform to that declaration,
should be specified in order to ensure adequate surveil-
lance of quantities actually released into free circulation
against quotas.

(12) Annex XI is added to provide certain definitions and
specify how the IMA 1 certificate for the import of New
Zealand butter under the current access quota should be
completed, how the weight and fat content controls are
to be carried out and the procedure to follow in any
case where a dispute arises on the composition of the
butter.

(16)

the

conditions

(13) Annex XII is added to assist Member States in reporting
the results of physical checks carried out. Annex XIII sets
out
replacing and
amending IMA 1 certificates as well as certain end of
year provisions,
linked to normal shipping times, for
releasing into free circulation product covered by an
IMA 1 certificate and intended for
in the
following year.

cancelling,

import

for

(14)

Commission Regulation (EC) No 2508/97 (4), as last
amended by Regulation (EC) No 2631/1999 (5),
lays
down detailed rules for the application to milk and milk
products of the schemes provided for in the Europe

(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.
(4) OJ L 345, 16.12.1997, p. 31.
(5) OJ L 321, 14.12.1999, p. 13.

In order to ensure a secure and transparent transition
from the IMA 1 certificate system in Regulation (EC) No
1374/98 and applicable until 30 June 2000 with regard
to the issue of certificates and until 31 August 2000
with regard to the use of these certificates for release for
free circulation in the Community (hereinafter referred
to as ‘the old IMA 1 certificate/system’) to the IMA 1
certificate system in Regulation (EC) No 1374/98 as
amended herein and applicable from 1 July 2000 with
regard to the issue of certificates and from 1 September
2000 with regard to the use of these certificates for
release into free circulation in the Community (herein-
after referred to as ‘the new IMA 1 certificate/system’), a
separate deadline must be fixed for the issue of IMA 1s
under the old IMA 1 certificate system, for their use and
for the use of any import licence issued on their presen-
tation. In addition import licences applied for on presen-
tation of new IMA 1 certificates issued in accordance
with the rules laid down in this regulation may only be
issued on the working day following the deadline of 31
August 2000 for releasing product into free circulation
using an IMA 1 certificate issued before the deadline of
30 June 2000 for issuing an old IMA 1 certificate.

(6) OJ L 253, 11.10.1993, p. 1.
(7) OJ L 197, 29.7.1999, p. 25.

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Official Journal of the European Communities

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(17) Member State import licence issuing authorities must
request from the IMA 1 issuing agency an inventory of
old IMA 1 certificates issued for the 1 January until 31
December 2000 quota period before 1 July 2000 and of
their use for
release into free circulation in the
Community up to 31 August 2000 which must be
approved by the New Zealand Ministry of Agriculture
and Forestry's Food Assurance Authority in order to
establish the quantities in respect of which the latter
may issue new IMA 1 certificates for the period from 1
July 2000 for that same quota period but which may
only be used for release into free circulation in the
Community from 1 September 2000.

(18)

The Management Committee for Milk and Milk Products
has not delivered an opinion within the time limit set by
its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 7 shall be replaced by the following:

‘Article 7

An import licence for the products listed in Annex I
1.
at
the rate of duty indicated shall only be issued on
presentation of a corresponding IMA 1 certificate, for the
total net quantity indicated therein fulfilling the conditions
laid down in Article 9(9) or in Chapter IV as appropriate;
it shall bear the number and date of issue of that corre-
sponding 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 only be issued following verification by the
competent authority that the provisions in Article 28(1)(f)
have been respected. The licence issuing authority shall
send to the Commission by fax a copy of the IMA 1
certificate lodged with each import licence application on
the day it is lodged and by 18.00 at the latest. The licence
issuing authority shall
issue the import licence on the
fourth working day following provided the Commission
has not taken any special measures before that date.

The competent import licence issuing authority shall retain
a copy of each IMA 1 presented.

From 1 November of each year IMA 1 certificates
3.
valid from the following 1 January may be issued for
quantities covered by the quota for the year of import.
However import licence applications shall only be lodged
from the first working day of the year of import.

4.
The circumstances under which an IMA 1 certificate
may be cancelled, amended, replaced or corrected are indi-
cated in Annex XIII.

5.
By way of derogation from Article 8(4) of Regulation
(EEC) No 3719/88, the quantity imported may not exceed
that shown in boxes 17 and 18 of 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 no

… 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 1 αριθ. … που εξεδόθη στις …

— Valid if accompanied by the IMA 1 certificate No

… issued on …

— Valable si accompagné du certificat IMA 1 no …,

délivré le …

— 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.

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 in no case may it extend beyond the validity
of its corresponding import licence nor the 31 December
of the year of import for which it is issued.

For the purpose of implementing the tariff quota referred
to in the first subparagraph, “at least six weeks old” shall
be interpreted as meaning at least six weeks old on the
date a declaration for
free circulation is
presented to customs.

release for

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By way of derogation from Article 2(2), the security

2.
shall be EUR 5 per 100 kilograms net of product.

Import licence applications may be submitted only in

3.
the United Kingdom.

The United Kingdom shall monitor all IMA 1 certificates
issued, cancelled, amended, corrected, or in respect of
which copies were issued. It shall ensure that the total
quantity in respect of which import licences are issued
does not exceed the quota for any year of import.

4.
An import licence, for endorsement in accordance
with Article 22 of Regulation (EEC) No 3719/88, shall be
used for a single customs declaration for release for free
circulation and shall cover a single lot. If the quantity
released into free circulation is lower than the quantity
indicated in boxes 17 and 18 of the import licence, the
security relating to the unreleased part shall be forfeited,
and the licence 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 preferential treatment shall be given for the
whole lot. Where a declaration for release into free circula-
tion has been accepted, customs shall, on determining
non-conformity, collect the import duty set in Annex I to
Council Regulation (EEC) No 2658/87 (*), attribute the
quantity in box 29 of the import licence and send it to the
import licence issuing authority which shall amend it with
a view to converting it into 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 the licence 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 conver-
tido en un certificado de importación con tipo pleno
para el que se adeudaba, y se ha abonado, el tipo de
derecho de …/100 kg; certificado ya anotado

— Ændret fra en importlicens med nedsat toldsats for et
produkt under nr. … til en importlicens med fuld
toldsats, hvor den skyldige importtold på …/100 kg er
betalt;

licensen er allerede afskrevet

— Umwandlung einer Einfuhrlizenz zum ermäßigten
Zollsatz für das Erzeugnis mit der lfd. Nr. … in eine
Einfuhrlizenz zum vollen Zollsatz von …/100 kg, der
entrichtet wurde; Lizenz abgeschrieben

— Μετατροπή από πιστοποιητικό εισαγωγής µε µειωµένο
δασµό για προϊόν βάσει του αύξοντος αριθµού … σε
πιστοποιητικό εισαγωγής µε πλήρη δασµό για το οποίο το
ποσοστό
και
πληρώθηκε· το πιστοποιητικό ήδη χορηγήθηκε

ποσού …/100 kg

οφείλετο

δασµού

— Converted from a reduced duty import

licence for
product under order No … to a full duty import
licence on which the rate of duty of …/100 kg was
due and has been paid;

licence already attributed

— Certificat d'importation à droit réduit pour le produit
correspondant au no d'ordre …, converti en un certif-
icat d'importation à taux plein, pour lequel le taux du
droit applicable de …/100 kg a 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 dazio pieno, per il quale è stata
pagata l'aliquota di …/100 kg; titolo già attribuito

— Invoercertificaat met verlaagd recht voor onder volg-
nummer … vallend product omgezet in een invoercer-
tificaat met volledig recht waarvoor het recht van …/
100 kg verschuldigd was en is betaald; 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 … num certificado de importação com direito
pleno, relativamente ao qual a taxa de direito aplicável
de …/100 kg foi paga; certificado já imputado

— Muutettu etuuskohteluun oikeuttavasta kiintiötuontito-
joka
distuksesta
vakiotuontitodistukseksi
kuuluu järjestysnumeroon … ja josta on kannettu
tariffin mukainen tulli …/100 kg; vähennysmerkinnät
tehty

tavaralle,

— Omvandlad från importlicens med sänkt

för
produkt med löpnummer … till importlicens med hel
tullavgift för vilken gällande tullsats …/100 kg har
betalats. Redan avskriven licens.

tull

The licence authority shall modify all counting data to take
this amendment into account. The customs authority shall
ensure the appropriate modifications are carried out to the
trade and the own resources accounting.

6.
For the purposes of monitoring the quantities of the
tariff quota referred to in paragraph 1, account shall be
taken of all quantities for which declarations for release for
free circulation have 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 monthly quantities and the total quantity for that
quota year of butter for which declarations for release for
free circulation have been accepted under the tariff quota
referred to in paragraph 1 during the previous quota year.
The monthly notification shall be made by the 10th of the
month following that during which the declarations for
release for free circulation have been accepted.

By 28 February of each year, the United Kingdom shall
communicate to the Commission, in respect of the tariff
quota referred to in paragraph 1 for the previous quota
year, the quantity of butter for which a security has been
lodged and the quantity of butter released into free circula-
tion in respect of which the security has been released. In
the case where the complete data is not available on 28
February it shall be completed without undue delay.

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The United Kingdom shall communicate to the
8.
Commission by 31 January following the end of each
quota year on the basis of the data referred to in Article
28(1)(g) a detailed inventory for the quota year of each
IMA 1 issued, its identification number and the quantity
covered by it together with the total number of certificates
and the total quantity covered by them for the year. It shall
include all the relevant details of any cancellation, correc-
tion or amendment to any IMA 1 and of any copy of an
IMA 1 issued.

tion (EEC) No 429/90 nor for aid for butter referred to
in Article 1(2)(a) of Commission Regulation (EC) No
2571/97 nor
refund in
the grant of
conformity with Article 31(10) and (11) of Council
Regulation (EC) No 1255/1999 except where provided
in paragraph 12 thereof and in Article 7(a) of
for
Commission Regulation (EC) No 1222/94”.’

export

for

5. In Article 18 paragraph 3 shall be replaced by the

following:

9.
The rules to be followed concerning the completion
of the IMA 1 certificate, the monitoring of the weight and
fat content of the butter, and the consequences of such
monitoring are set out in Annex XI.

‘3.

Articles 7 and 8 shall apply mutatis mutandis.’

6. In Article 21 the following paragraph is added:

The typical process standard deviation of the fat content
referred to in point 1(e) of Annex XI notified in accord-
ance with Article 28(1)(e) shall be approved by the
Commission and the list shall be communicated to the
Member States together with their date of entry into force
for the purpose of issuing IMA 1 certificates. The typical
process standard deviation shall be valid for at least one
year unless exceptional circumstances, brought
to the
attention of the Commission by the New Zealand issuing
agency, justify a modification, which must be approved by
the Commission. Each modified or additional
typical
process standard deviation approved by the Commission
shall be communicated to the Member States together with
the entry into force date for the purpose of issuing IMA 1
certificates.

10. Member States shall communicate the results of the
monitoring carried out under Annex XI to the Commis-
sion using the standard form set out in Annex XII for each
quarter by the 10th of the following month.

(*) OJ L 256, 7.9.1987, p. 1.’

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 Zealand origin on its packaging and on the
corresponding invoice or invoices.

By way of derogation from the first
subparagraph,
where New Zealand butter is blended with Community
butter and where the blended butter is intended for
direct consumption and is put up in packages of 500
grams or less,
the blended butter need only state its
New Zealand origin on the corresponding invoice.

‘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:

For

products

falling within

‘3.
CN codes
0406 90 02 to 0406 90 06 and for those listed in
Annex IV under order numbers 3, 4 and 5, import
licences shall be issued only where the applications
are accompanied by a written declaration by the
applicant
frontier value
the minimum free at
referred to in the Combined Nomenclature or in
Annex IV have been complied with.

that

the request of

The applicant shall supply, at
the
competent authorities, any information and addi-
supporting documentation which they may
tional
judge necessary with regard to compliance with the
minimum free-at-frontier value and to allow any
auditing of accounts required by those authorities.
He shall not accept any discount, refund, or any
other rebate which may lead to the product in ques-
tion having a value less than the minimum import
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 Regulation (EEC) No 2658/87, a
penalty shall be paid equal to 25 % of the amount
of the duty.’

9. Article 24 is replaced by the following:

‘Article 24

the invoice shall also state:

In either case,
“Butter
imported under Article 5 of Commission Regulation
(EC) No 1374/98: not eligible for the grant of aid for
butter referred to in Article 1(1) of Commission Regula-

1.
The IMA 1 certificate shall be drawn up according
to the specimen in Annex V, except for butter subject
to the tariff quota referred to in Article 5, in accordance
with the conditions laid down in this chapter.

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The IMA 1 certificate for butter subject

to the
2.
tariff quota referred to in Article 5 shall be drawn up
according to the specimen in Annex Va in accordance
with the conditions laid down in this chapter 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 1 and 2, box 3 of the IMA 1
relating to the buyer and box 6 relating to the country
of destination shall not be completed except in the case
of Cheddar cheese provided for under order No 43 of
Annex I.’

10. Article 26(2) is replaced by the following:

The certificate must contain,

‘2.
for each type and
each form of presentation, except for butter subject to
the tariff quota referred to in Article 5, the particulars
set out in Annex VI.’

11. Article 27(1) is replaced by the following:

The original of the certificate shall be presented,
‘1.
along with the corresponding import
licence and the
products to which they relate, to the custom authorities
of the importing Member State at the time of lodging
the declaration for release for free circulation. Without
prejudice to Article 7(2) it shall be presented during the
period 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
customs
licensing authority and to the
authority in the case where the original
lost or
rendered unsuitable for use.’

competent
is

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 certif-
icate for the total quantity covered by it before the
product covered by it
the
country issuing it;

leaves the territory of

(e) it undertakes to notify the Commission by 1 June
2000 at the latest of the typical process standard
deviation of the fat content, referred to in Annex
XI(1)(e), of
to the tariff quota
referred to in Article 5, manufactured by each
producer referred to in Annex XI(1)(a) according to
each product purchasing specification;

the butter subject

(f) it undertakes to send to the Commission, and in
the case of butter referred to in Article 5 to the
United Kingdom competent licence issuing authority
also, by fax a copy of each authenticated IMA 1
certificate for the total quantity covered by it on
the date of issue but within seven days of that date

at the latest and, where appropriate, notification of
any cancellation, correction or amendment;

issuing

(g) as far as New Zealand butter referred to in Article
5 is concerned it undertakes to communicate to the
the
United Kingdom licence
following information before
the
following month for each month in the period
January to October,
the
following week for each week or part thereof in the
months of November and December, separately for
IMA 1 certificates
and
issued for
following quota year:

authority
the 10th of

and before Friday of

current

the

(i) the number of IMA 1 certificates issued in the
month or week concerned, as the case may be,
with their identification numbers and the quant-
ities covered by those certificates, together with
the total number of certificates issued and the
quantities covered by them for the quota year
in question, and

(ii) notification of

the cancellation, correction or
amendment of those IMA 1 certificates or the
IMA 1 certificates, as
issuing of
provided for in Annex XIII, paragraphs 1, 2, 4
and 5, and in Article 27(1), and all relevant
details thereof.

copies of

(h) As far as products falling under CN code 0406 are
concerned it undertakes
to communicate to the
Commission by 15 January for each order number
separately:

(i) the number of IMA 1 certificates issued for the
previous quota year with the
identification
number of each and the quantity covered by it
together with the total number of certificates
issued and the total quantity covered by them
for 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 1 certificates, as
provided for in Annex XIII, paragraphs 1 to 5,
and in Article 27(1), and all the relevant details
thereof.’

13. The following Chapter IVa is added:

‘CHAPTER IVa

Control provisions applicable to imports under Chapter
II and Chapter III of
this Regulation and to imports
to Commission Regulation (EC) No 2508/
pursuant
97 (*).

Article 29a

1.
The Community customs offices where the prod-
ucts are declared for release for free circulation into the
Community shall carry out:

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(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
the physical checks
establish a system to carry out
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
the declarations for
least 3 % of
release for free circulation by Member State per calendar
year are physically checked. However, for the period 1
July to 31 December 2000 this percentage shall be
replaced by 1,5 %.

When calculating the minimum rate of physical controls
to be carried out Member States may opt to disregard
import declarations involving 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 the products provided for in this regulation
to determine their conformity as regards composition
with the declaration for release for free circulation.

— 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 by customs. Within 10 working days
establishing the definitive non-
from the date of
conforming results, these results, and where appropriate,
the licence shall be sent
licence
issuing authority.

to the competent

Without prejudice to Article 248 of Commission Regu-
lation (EEC) No 2454/93 (***) in the case where a phys-
ical check for composition has been carried out prior to
licence
the presentation of
endorsed
pursuant
to Article 31(1)(a) of Regulation (EEC) No
3719/88 the security shall be released.

import

the

Each case of non-conformity with the declaration
6.
for release for free circulation shall be notified to the
Commission within 10 working days of
such non-
conformity being determined by customs.

Article 29b

4.
Each customs office shall produce a detailed exam-
ination account on each physical check carried out. The
examination account shall bear
the examination date
and shall be retained for at least three calendar years.

For the purpose of monitoring the quantities of
1.
the tariff quotas to which this chapter applies, account
shall be taken of all quantities for which declarations for
release for free circulation have been accepted during
the quota period concerned.

5. Where a physical check has been carried out box
32 of the import licence or the message box in the case
of an electronic licence shall be endorsed with one of
the following entries:

— Se ha realizado el control material (Reglamento (CE)

no 1374/98)

— 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) no 1374/

98]

— Controllo físico effettuato [regolamento (CE) n.

1374/98]

year

each quota

2. Member States shall notify the Commission by 15
March following
ending on 31
December and by 15 September following each quota
year ending on 30 June, separately for each quota, and
country of origin, except for butter referred to in Article
5, of the definitive total quantity for the quota year for
which declarations for release for free circulation have
been accepted 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

The provisions of

1.
apply to
provide for the transition to the system established by
this Regulation following its amendment by Regulation
(EC) No 970/2000.

this Article

shall

L 112/34

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From 1 July 2000 until 31 August 2000, IMA 1
2.
certificates issued before 1 July 2000 may be used for
the purpose of presenting New Zealand butter and
cheese
the
for
Community.

circulation

release

into

free

in

3.
The validity of IMA 1 certificates issued before 1
July 2000 and the validity of import licences issued on
presentation of such IMA 1 certificates for the products
under order Nos 35, 40 and 42 of Annex I originating
in New Zealand shall not extend 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 Agriculture and Forestry's Food Assurance Authority
from 1 July 2000 onwards for the products under order
Nos 35, 40 and 42 of Annex I originating in New
Zealand, may only take place from 1 September 2000
on the basis of
licence applications lodged from that
date.

The

licence

import

issuing authority of

5.
each
Member State which has issued import licences for the
products under order Nos 35, 40 and 42 in Annex I
originating in New Zealand for
the quota period 1
the New
January to 31 December 2000 shall request
Zealand Dairy Board to provide a detailed inventory of
IMA 1 certificates issued before 1 July 2000, of their
use for obtaining an import licence and of their use for
the
releasing
Community before 1 September 2000. The IMA 1
issuing agency and the import licence issuing authority
shall use this information to determine the quantity in
respect of which IMA 1 certificates may be issued for
the period from 1 July to 31 December 2000 which
may be used to obtain import licences which may be
used for release into free circulation in the Community
from 1 September to 31 December 2000.

circulation

products

into

free

in

State's

Each Member

issuing
licence
import
6.
licences from 1
authority shall, before issuing import
September 2000,
confirm with the New Zealand
Ministry of Agriculture and Forestry's Food Assurance
the products under
Authority separately for each of
the quota
order Nos 35, 40 and 42,
period 1 January to 31 December 2000:

in respect of

— the quantity in respect of which IMA 1 certificates

— the quantity covered by those IMA 1 certificates
which has been released into free circulation in the
Community before 1 September 2000,

— the quantity for which it may issue IMA 1 certi-
ficates for the period from 1 July to 31 December
2000.

7. Member States shall communicate to the Commis-
sion for
the quota period from 1 January to 31
December 2000:

— by 5 July 2000 the quantity in respect of which
IMA 1 certificates have been issued before 1 July
2000 for products under 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 presentation of the IMA 1s referred
to in the first
separately for each order
number,

indent,

— by 15 September 2000 the quantity in respect of
which a declaration for release for free circulation in
the Community
1
been
September 2000 using IMA 1s and import licences
referred to in the first and second indents respec-
tively, separately for each order number,

accepted

before

has

— by 15 September 2000 the details of the confirma-

tion 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 Regula-

tion.

17. In Annex VII, the information relating to New Zealand
shall be replaced by the information in Annex IV to this
Regulation.

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.

have been issued before 1 July 2000,

It shall apply from 1 July 2000.

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

Done at Brussels, 8 May 2000.

For the Commission

Franz FISCHLER

Member of the Commission

11.5.2000

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Official Journal of the European Communities

L 112/35

ANNEX I

‘ANNEX I

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

(Calendar year)

Order number
in Annex 7 to
the Combined
Nomenclature
(TARIC order
number)

CN code

Description

Country of origin

Quota quantity
(annual)
(tonnes)

Import duty
(EUR/100 kg
net weight)

Rules for completing
IMA 1 certificates

New Zealand

76 667

86,88

see Annex XI

35
(09.4589)

ex 0405 10 11
ex 0405 10 19

ex 0405 10 30

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 a single,
self-contained and uninterrupted process

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 a single,
self-contained and uninterrupted process which
may involve the cream passing through a stage of
concentrated milkfat and/or the fractionation of
such milkfat
referred to as
(the processes
“Ammix” and “Spreadable”)

40
(09.4515)

42
(09.4514)

0406 90 01

Cheese for processing (1)

New Zealand
Australia

ex 0406 90 21 Whole Cheddar cheeses (of the conventional flat New Zealand

cylindrical shape of a net weight of not less than
33 kg but not more than 44 kg and cheeses in
cubic blocks or in parallelepiped shape, of a net
weight of 10 kg or more) of a fat content of
50 % or more by weight
in the dry matter,
matured for at least three months

Australia

4 000
500

7 000
3 250

17,06
17,06

17,06
17,06

see Annex VI(C)
and (D)

see Annex VI(B)

Canada

4 000

13,75

see Annex VI(A)

43
(09.4513)

ex 0406 90 21

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 100 kg net, of not
less than:

— EUR 334,20 in whole cheeses
— EUR 354,83 for cheeses of a net weight of

not less than 500 g

— EUR 368,58 for cheeses of a net weight less

than 500 g

The expression “whole cheeses” means cheeses of
the:

— Conventional flat cylindrical shape of a net
weight of not less than 33 kg but not more
than 44 kg

— Cubic blocks or parallelepipeds, of a net

weight of 10 kg 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.’

L 112/36

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Official Journal of the European Communities

11.5.2000

ANNEX II

‘ANNEX II

TARIFF QUOTAS PURSUANT TO THE GATT/WTO AGREEMENTS, NOT SPECIFIED BY COUNTRY OF
ORIGIN

(GATT/WTO year)

CN code

Description

Country of origin

Quota quantity
(tonnes)

Annual

Quarterly

Import duty
(EUR/100 kg
net weight)

0402 10 19

Skimmed milk powder

all third countries

68 000

17 000

47,50

Butter and other fats and oils derived from milk

all third countries

10 000

2 500

94,80

in butter
equivalent

0405 10 11
0405 10 19
0405 10 30
0405 10 50
0405 10 90
0405 90 10 (*)
0405 90 90 (*)

Order number
in Annex 7 to
the Combined
Nomenclature
(TARIC order
number)

33
(09.4590)

34
(09.4599)

36
(09.4591)

ex 0406 10 20
ex 0406 10 80

frozen, cut

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

all third countries

5 300

1 325

13,00

37

ex 0406 30 10

Processed Emmental

all third countries

18 400

4 600

(09.4592)

0406 90 13

Emmental

38

ex 0406 30 10

Processed Gruyère

all third countries

5 200

1 300

(09.4593)

0406 90 15

Gruyère, Sbrinz

71,90

85,80

71,90

85,80

39
(09.4594)

41
(09.4595)

44
(09.4596)

0406 90 01

Cheese for processing (1)

all third countries

20 000

5 000

83,50

0406 90 21

Cheddar

all third countries

15 000

3 750

21,00

ex 0406 10 20

ex 0406 10 80

Fresh (unripened or uncured) cheese, including
whey cheese, and curd, other than pizza cheese
of order No 40

0406 20 90

Other grated or powdered cheese

0406 30 31
0406 30 39
0406 30 90

0406 40 10
0406 40 50
0406 40 90

Other processed cheese

Blue-veined cheese

all third countries

19 500

4 875

92,60

106,40

94,10

69,00
71,90
102,90

70,40

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Order number
in Annex 7 to
the Combined
Nomenclature
(TARIC order
number)

CN code

Description

Country of origin

0406 90 17

0406 90 18

0406 90 23

0406 90 25

0406 90 27

0406 90 29

0406 90 31

0406 90 33

0406 90 35

0406 90 37

0406 90 39

0406 90 50

Bergkäse and Appenzell

Fromage fribourgeois, Vacherin Mont d'Or and
Tête de Moine

Edam

Tilsit

Butterkäse

Kashkaval

Feta, of sheep's milk or buffalo milk

Feta, other

Kefalo-Tyri

Finlandia

Jarlsberg

Cheese of sheep's milk or buffalo milk

ex 0406 90 63

Pecorino

0406 90 69

0406 90 73

Other

Provolone

ex 0406 90 75

Caciocavallo

ex 0406 90 76

Danbo, Fontal, Fynbo, Havarti, Maribo, Samsø

0406 90 78

Gouda

ex 0406 90 79

Esrom, Italico, Kernhem, Saint-Paulin

ex 0406 90 81

Cheshire, Wensleydale,
Gloucester, Blarney, Colby, Monterey

Lancashire, Double

0406 90 82

0406 90 84

0406 90 86

0406 90 87

0406 90 88

0406 90 93

0406 90 99

Camembert

Brie

Exceeding 47 % but not exceeding 52 %

Exceeding 52 % but not exceeding 62 %

Exceeding 62 % but not exceeding 72 %

Exceeding 72 %

Other

Quota quantity
(tonnes)

Annual

Quarterly

Import duty
(EUR/100 kg
net weight)

85,80

75,50

94,10

75,50

92,60

106,40

(*) 1 kg product = 1,22 kg butter.
(1) Utilisation for this particular purpose will be monitored by applying the Community provisions laid down on the subject.’

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11.5.2000

ANNEX III

‘ANNEX VI

RULES FOR COMPLETING CERTIFICATES

The following must be completed,

in addition to boxes 1, 2, 4, 5, 9, 17 and 18 of 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 8 in 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 %, in whole cheeses not exceeding 10 kg net, whether wrapped in plastic or not”;

2. box 10 by specifying “exclusively home-produced sheep's milk”;

3. box 11.

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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 under Nos 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 or goatskin bottles” or “Halloumi” cheese is to be presented in individual plastic
packings of a net content not exceeding 1 kg or in metal or plastic containers of a net content not exceeding
12 kg;

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 and ex 0406 90 88:

1. box 7 by specifying either “Jarlsberg cheese” and as appropriate:

— “Whole cheeses, with rind, of a net weight of 8 to 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”.’

ANNEX IV

Third country

CN code and description

Issuing agency

Name

Location

‘New Zealand

ex 0405 10 11

ex 0405 10 19

ex 0405 10 30

Butter

Butter

Butter

MAF Food Assurance Authority
Ministry of Agriculture and
Forestry

ex 0406 90 01

Cheese for processing

ex 0406 90 21

Cheddar

ASB Bank House
101-103 The Terrace
PO Box 2526
Wellington
New Zealand
Tel. (64-4) 474 41 00
Fax (64-4) 474 42 40’

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Official Journal of the European Communities

11.5.2000

ANNEX V

‘ANNEX Va

IMA 1 CERTIFICATE

1. Seller

2. Serial No of issue

ORIGINAL

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 official 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 free 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 %,

8. Gross
weight
(kg)

9. Net weight

(kg)

manufactured directly from milk or cream

— Product purchasing specification
— Factory registration No
— Date of manufacture
— Arithmetic mean of the tare weight of plastic wrapping

10. Raw material used

13. Fat content by weight (%)

l
s

Typical process standard deviation of the fat content of the butter made in the factory according to the product purchasing specifications which are indicated 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. IT IS HEREBY CERTIFIED:

— 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

18. Issuing agency

(1) Delete where not applicable.'

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Place

Year

Valid up to:

Day

Month

|

|

|

|

Year

Month

Day

(Signature and stamp of issuing agency)

11.5.2000

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Official Journal of the European Communities

L 112/41

‘ANNEX XI

CONTROL OF WEIGHT AND FAT CONTENT OF BUTTER ORIGINATING 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 to in Article 5;

(b) “cypher”: the quantity of butter produced according to one product purchasing specification in one production

plant during a single manufacturing 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 identical product and quantity as the IMA 1 presented to the competent customs authority
for release into free circulation under the tariff quota referred to in Article 5;

(d) “competent authorities”: the authorities in the Member States responsible 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 issuing agency;

(f)

“product identification list”: a list which identifies in respect of each lot the serial number of its corresponding
IMA 1 certificate, the single production plant or factory, the cypher or cyphers and which also provides a
description of the butter. It may also identify the specification to which the butter was manufactured, the
production season, the number of boxes corresponding to each cypher, the total number of boxes, the nominal
weight of the boxes, the exporter's order number, the means of transport from New Zealand to the European
Community and the voyage number.

2. Completion and verification of the IMA 1 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 one cypher 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 certificate number 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 8 the 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”;

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Official Journal of the European Communities

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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 the purpose 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 the
producer by the analysis of between 10 and 25 samples per cypher.

Verification shall require that the arithmetic mean shall not exceed
sample) where:

–
M (the maximum mean milk fat content of the

M = 81,99 – 1,645 σ

where σ is 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:

n is the sample size; and

N is 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 information on tare weight given on the IMA 1
certificate, which may include a comparison with weight of plastic wrappers used in the Community or examination
of a certificate from the manufacturer of the plastic wrappers used 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 ratio s/σ shall be compared with the minimum ratio specified for a given sample size in the following table,
where s is the sample standard deviation and σ is the standard deviation of the net weight of the boxes specified in
the IMA 1 certificate.

Where the ratio s/σ is lower than the appropriate minimum ratio in the reference data table then s shall be used
when the control results are interpreted under point 3.3 rather than σ.

11.5.2000

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Official Journal of the European Communities

L 112/43

Minimum ratio (*) s/σ for a given sample size (n)

n

10 (**)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43

s/σ

0,608
0,628
0,645
0,660
0,673
0,685
0,696
0,705
0,714
0,722
0,730
0,737
0,743
0,749
0,754
0,760
0,764
0,769
0,773
0,778
0,781
0,785
0,789
0,792
0,795
0,798
0,801
0,804
0,807
0,809
0,812
0,814
0,816
0,819

(*) The minimum ratios have been calculated using tabulated Chi2 values (5 % quantile; n – 1 degrees of freedom).
(**) 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 (cid:2) W +

2,326 σ

√ n

where:

w is the arithmetic mean of the net weight of the sample boxes,

W is the mean net weight per box specified on the IMA 1 certificate,

σ is 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 σ where required according to point 3(2), and

n is the sample size.

Where w satisfies 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.

L 112/44

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Official Journal of the European Communities

11.5.2000

Where w does not satisfy the above formula, w shall 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 excess over the
declared weight shall be imported in accordance with Article 26 of Council 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, the minimum 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 (OJ L 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 ratio s/σ shall be compared with the maximum ratio specified for a given sample size in the following table
where s is the sample standard deviation and σ is the standard deviation of the fat content of the butter specified in
the IMA 1 certificate.

Where the ratio s/σ is higher than the appropriate reference value in the reference data table then s shall be used
when the control results are interpreted under point 4.3 rather than σ.

Maximum ratio (*) s/σ for a given sample size (n)

n

5 (**)
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

s/σ

1,540
1,488
1,448
1,417
1,392
1,371
1,353
1,337
1,324
1,311
1,301
1,291
1,282
1,274
1,266
1,259
1,253
1,247

(*) The maximum ratios have been calculated using tabulated Chi2 values (95 % quantile; n – 1 degrees of freedom).
(**) The maximum 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

where σ is the typical process standard deviation for the fat content specified on the IMA 1 certificate, however the
sample standard deviation of the fat content (s) shall be used instead of σ where required according to point 4.2.

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4.4. Further monitoring

Where the arithmetic mean of the sample results does exceed
carried out to establish the conditions of the import of the lot concerned.

–
M in point 4.3, then a further calculation shall be

–
x) shall be compared with
In this calculation, the arithmetic mean of the test results (

–
M using the following formula:

x (cid:2) M + 1,645 σ –x

where σ –
x

is obtained using the following formula:

σ –x =√ σ 2

n

+ σ 2

L +

σ 2
r
n

where:

σ is the typical process standard deviation for the fat content specified on the IMA 1 certificate,
L is the between-laboratory standard deviation calculated as:

σ

σ

L

=√ σ 2

R – σ 2

r = 0,102 %

σ

r

is the repeatability standard deviation = 0,079 %,

σ

is the reproducibility standard deviation = 0,129 %, and

R
n is the sample size.

If

–
x satisfies the above formula, then the lot may be imported under the quota referred to in Article 5.
–
x does not satisfy the above equation then non-compliance with the fat content requirements shall be established.

If
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 of receiving these results, undertaking to pay for the costs of testing the duplicate
samples. In this case the competent authority shall send sealed duplicates of the samples analysed by its laboratory to
a second laboratory. This second laboratory shall be authorised by a Member State to carry out official analyses and
be recognised by that Member State as having competence in applying the method referred to in point 4.1, as
demonstrated by meeting the repeatability criterion when analysing blind duplicates and by successful 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 by both laboratories is reported as the final
result. The final results obtained in this way are used to test compliance as described in sections 4.2, 4.3 and 4.4.
One non-compliance with the reproducibility limit per 10 sample units is accepted.
–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.’

L 112/46

EN

Official Journal of the European Communities

11.5.2000

‘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

n
o
i
t
a
m
r
o
f
n
i

l
a
r
e
n
e
G

Name of the butter manufacturer:

Lot identification code:

Size of the lot:

Date of control:

Size of the random sample:

l
o
r
t
n
o
c

t
h
g
i
e
W

t
n
e
t
n
o
c

t
a
f

e
h
t

f
o

l
o
r
t
n
o
C

Arithmetic mean of the net weight per box:
(as specified on the IMA 1 certificate — box 9)

Arithmetic mean of the net weight of the sample boxes:

The arithmetic mean of the net weight determined in the EU shows
a significant difference to the declared value:

Standard deviation of the net weight per box:
(as specified on the IMA 1 certificate — box 9)

Standard deviation of the net weight of the sample boxes:

The standard deviation of the net weight determined in the EU
shows a significant difference to the declared value:

Size of the random sample:

Maximum mean fat content resulting from the reported typical
standard deviation:

Arithmetic mean of the fat content of the sample boxes:

The arithmetic mean of the fat content determined in the EU shows
a significant difference to the maximum mean fat content:

Typical standard deviation of the fat content:
(as specified on the IMA 1 certificate — box 13)

Standard deviation of the fat content of the sample boxes:

The standard deviation of the fat content determined in the EU
shows a significant difference to the declared value:

n
a
e
M

n
o
i
t
a
i
v
e
d

d
r
a
d
n
a
t
S

n
a
e
M

n
o
i
t
a
i
v
e
d

d
r
a
d
n
a
t
S

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

To be sent to the European Commission by e-mail (DGAGRI-D1-Milk@cec.eu.int) or by fax ((32-2) 295 55 03)'

—

—

kg

day/month/year

No of boxes

kg

kg

N = No
Y = Yes

kg

kg

N = No
Y = Yes

No of boxes

% fat

% fat

N = No
Y = Yes

% fat

% fat

N = No
Y = Yes

11.5.2000

EN

Official Journal of the European Communities

L 112/47

‘ANNEX XIII

CIRCUMSTANCES UNDER WHICH AN IMA 1 CERTIFICATE OR PART THEREOF MAY BE CANCELLED,
AMENDED, REPLACED OR CORRECTED

1. Cancellation of IMA 1 when full duty is due and paid for non-respect of compositional requirements

Where full duty is paid on a lot because the maximum fat content requirement is not respected the corresponding
IMA 1 certificate may be cancelled and the IMA 1 issuing agency may add these quantities to those in respect of which
IMA 1 certificates may be issued for the same quota year. The customs authority shall retain the corresponding import
licence, send it to the import licence issuing authority, which shall amend it to convert it into a full duty import
licence for the quantity in question in accordance with Article 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 in circumstances beyond the control of the exporter. Where part of the quantity covered by an
IMA 1 is destroyed or rendered unfit for sale, a replacement IMA 1 may be issued for the remaining quantity. In the
case of New Zealand butter referred to in Article 5, the original product identification list shall be used for this
purpose. The replacement certificate shall be valid only up to the same date as the original. In this case, box 17 of the
replacement 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 exporters' control, the IMA 1 issuing agency may add these quantities to those in respect 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, the original IMA 1 may be amended by the IMA 1 issuing agency. Such an
amended original IMA 1 certificate, duly authenticated and appropriately identified by the issuing agency may be
presented to the licensing authority and 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 be corrected by the issuing agency. Such a corrected original IMA 1 may be presented 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 unavailable and the only means, in the light of normal shipping time from the country of origin,
of filling the quota is to replace it with product originally intended for import for the following year, the issuing
agency may, on the sixth working day after giving due notification to the Commission of the details of the IMA 1
certificate or part thereof to be cancelled for the year in question and of the first IMA 1 certificate or part thereof
issued for the following year to be cancelled,

issue a new IMA 1 certificate for the replacement 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 is greater than
that covered by the first IMA 1 certificate issued for the following year the required quantity may be obtained by
cancelling an additional 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 for which an IMA 1 certificate may be issued for that quota year. All quantities brought
forward from the following quota year, in respect of which an IMA 1 certificate or certificates have been cancelled,
shall be added back to the quantities for which IMA 1 certificates may be issued for that quota year.’