2001/651/EC: Commission Decision of 21 August 2001 establishing the typical process standard deviation of the fat content of butter imported from New Zealand under Article 5 of Commission 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 and repealing Decision 2000/432/EC (notified under document number C(2001) 2175)
Date: 2001-08-21
Institutions: European Commission
Subjects: New Zealand, butter, fats, import, product quality, tariff quota

L 229/24

EN

Official Journal of the European Communities

25.8.2001

COMMISSION DECISION

of 21 August 2001

establishing the typical process standard deviation of the fat content of butter imported from New
Zealand under Article 5 of Commission 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
and repealing Decision 2000/432/EC

(notified under document number C(2001) 2175)

(2001/651/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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), as last amended by Regulation (EC) No
1670/2000 (2),

Having regard to Commission Regulation (EC) No 1374/98 of
29 June 1998 laying down detailed rules for the application of
the import arrangements and opening tariff quotas for milk
and milk products (3), as last amended by Regulation (EC) No
594/2001 (4), and in particular Article 9(9) thereof,

Whereas:

(1)

(2)

Annex XI to Regulation (EC) No 1374/98 lays down a
procedure for the verification of the fat content of New
Zealand butter presented for release into free circulation
in the Community under the current access quota speci-
fied under order No 35 of Annex I to that Regulation.
This procedure is based on statistical principles. An
essential element of this procedure is the use of a typical
process standard deviation of the fat content of butter
made according to a defined specification in a specified
production plant and known in advance by the control
authorities in Member States where the declaration for
release into free circulation in the Community is
presented.

The New Zealand Ministry of Agriculture and Forestry's
Food Assurance Authority (MAF Food) by letter dated 1
June 2000 notified the Commission of
the typical
process standard deviation for each product purchasing
specification in six production plants in accordance with
Article 28(1)(e) of Regulation (EC) No 1374/98. On the
basis of Article 9(9) of the same Regulation, the typical
process standard deviation was approved by Commis-
sion Decision 2000/432/EC (5).

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 185, 30.6.1998, p. 21.
(4) OJ L 88, 20.3.2001, p. 7.
(5) OJ L 170, 11.7.2000, p. 16.

By letter dated 29 September 2000, the New Zealand
Ministry of Agriculture and Forestry's Food Assurance
Authority (MAF Food) notified the Commission of a
revised typical process
standard deviation for each
product purchasing specification in five production
plants in accordance with Article 28(1)(e) of Regulation
(EC) No 1374/98. The calculation procedure used for
establishing the typical process standard deviation for
each product purchasing specification has been revised,
because an essential element of this standard deviation
was not taken into consideration. Furthermore, one of
the six mentioned production plants
is no longer
producing butter under the current access quota. The
revised figures were the object of verification and subse-
quent discussions with the New Zealand authorities
which finally resulted in confirmation by the New
Zealand authorities in a letter dated 20 July 2001, of the
figures previously notified.

(4)

As required by Article 9(9) of Regulation (EC) No 1374/
98, the notified revised typical process standard devia-
tions should be approved and communicated to Member
States, and their date of entry into force should be fixed
at 22 August 2001. At the same time, for reasons of
clarity, Decision 2000/432/EC should be repealed,

HAS ADOPTED THIS DECISION:

Article 1

typical process

standard deviations notified to the
The
Commission by MAF Food, New Zealand by letter of 29
September 2000 and listed in the Annex to this Decision are
approved. They shall apply to imports of butter in respect of
which IMA 1 certificates are issued as of 22 August 2001.

Article 2

Decision 2000/432/EC is repealed.

It shall continue to apply to imports of butter in respect of
which IMA 1 certificates were issued before 22 August 2001.

25.8.2001

EN

Official Journal of the European Communities

L 229/25

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 21 August 2001.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

Typical process standard deviations of the fat content of butter manufactured in New Zealand and intended for
release into free circulation in the European Community under the current access quota provided for under
order No 35 of Annex I to Regulation (EC) No 1374/98

Factory name

Registered factory No

Specification No

Typical process standard
deviation

1

Kiwi Dairy Products Ltd, Kauri

Anchor Products Ltd (Te Awamutu)

Kiwi Tasman Cooperative Dairies Ltd

Westland Cooperative Dairy Co. Ltd

Kiwi Dairy Products Ltd Hawera

2

2000

5572

146

143

47

3

0905

0081
0084

0081
0084

0081
0084

0081
0084

4

0,160

0,175
0,173

0,172
0,172

0,170
0,170

0,175
0,175