Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas
Date: 2001-12-14
Institutions: European Commission
Subjects: extra-EU trade, import licence, intra-EU trade, milk, quantitative restriction, tariff quota

22.12.2001

EN

Official Journal of the European Communities

L 341/29

COMMISSION REGULATION (EC) No 2535/2001

of 14 December 2001

laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the
import arrangements for milk and milk products and opening tariff quotas

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), as last amended by Regulation (EC) No
1670/2000 (2), and in particular Article 26(3) and Article 29(1)
thereof,

Whereas:

(1)

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 Regula-
tion (EC) No 594/2001 (4), has been substantially
amended several times. Since further amendments are to
be made, in the interests of clarity and efficiency the said
Regulation should be recast to include also the provi-
sions of Commission Regulation (EEC) No 2967/79 of
18 December 1979 laying down the conditions under
which certain cheeses benefiting from preferential
import treatment are to be processed (5), as last amended
by Regulation (EC) No 1599/95 (6), Commission Regula-
tion (EC) No 2508/97 of 15 December 1997 laying
down detailed rules for the application to milk and milk
products of the schemes provided for in the Europe
Agreements between the Community and the Republic
of Hungary, the Republic of Poland, the Czech Republic,
the Slovak Republic, Bulgaria, Romania and Slovenia
and the Agreements on free
trade between the
Community and the Baltic States (7), as last amended by
Regulation (EC) No 2856/2000 (8), and Commission
Regulation (EC) No 2414/98 of 9 November 1998
laying down detailed rules for the application of the
arrangements applicable to imports of milk products
originating in the African, Caribbean and Pacific States
(ACP States) and repealing Regulation (EEC) No 1150/
90 (9).

(2)

Articles 26 and 29 of Regulation (EC) No 1255/1999
stipulate that the Commission is to ensure that import
licences are issued to all applicants irrespective of where

(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, 28.3.2001, p. 7.
(5) OJ L 336, 29.12.1979, p. 23.
(6) OJ L 151, 1.7.1995, p. 10.
(7) OJ L 345, 16.12.1997, p. 31.
(8) OJ L 332, 28.12.2000, p. 49.
(9) OJ L 299, 10.11.1998, p. 7.

in the Community they are established and that all
discrimination between importers must be avoided,
whilst taking into account all the relevant provisions.

(3)

In order to take account of certain features specific to
the importation of milk products, additional provisions
should be adopted as well as, where necessary, deroga-
tions from Commission Regulation (EC) No 1291/2000
of 9 June 2000 laying down common detailed rules for
import and export
the system of
the application of
licences and advance fixing certificates for agricultural
products (10), as last amended by Regulation (EC) No
2299/2001 (11).

(4)

Specific provisions are needed for imports into the
Community of milk products at reduced duty under the
tariff concessions provided for in the following texts:

(a) the concessions set out in schedule CXL drawn up in
the wake of the Uruguay Round of multilateral trade
negotiations and the negotiations conducted under
Article XXIV.6 of GATT following the accession to
the European Community of Austria, Finland and
Sweden (hereinafter called ‘the CXL schedule’);

(b) the tariff agreement with Switzerland concerning
certain cheeses listed in position ex 0404 of the
Common Customs Tariff, concluded on behalf of the
Community by Council Decision 69/352/EEC (12), as
last amended by the Agreement in the form of an
Exchange of Letters between the European Economic
Community, of the one part, and the Swiss Confed-
eration, of the other part, concerning certain agricul-
tural products, approved by Council Decision 95/
582/EC (13) (hereinafter called the ‘Agreement with
Switzerland’);

(c) the Agreement in the form of an Exchange of Letters
between the European Community and the Kingdom
of Norway concerning certain agricultural products,
approved by Decision 95/582/EC (hereinafter called
‘the Agreement with Norway’);

(d) Decision No 1/98 of

the EC-Turkey Association
Council of 25 February 1998 on the trade regime
for agricultural products (14);

(10) OJ L 152, 24.6.2000, p. 1.
(11) OJ L 308, 27.11.2001, p. 19.
(12) OJ L 257, 13.10.1969, p. 3.
(13) OJ L 327, 30.12.1995, p. 17.
(14) OJ L 86, 20.3.1998, p. 1.

L 341/30

EN

Official Journal of the European Communities

22.12.2001

(e) Council Regulation (EC) No 1706/98 of 20 July
1998 on the arrangements applicable to agricultural
products and goods resulting from the processing of
agricultural products originating in the African,
Caribbean and Pacific States
(ACP States) and
repealing Regulation (EEC) No 715/90 (1);

(f) the Agreement on trade, development and coopera-
tion between the European Community and its
Member States, of the one part, and the Republic of
South Africa, of the other part, provisionally applied
under the Agreement in the Form of an Exchange of
Letters concluded between the European Community
and South Africa and approved by Council Decision
1999/753/EC (2) (hereinafter called ‘the Agreement
with South Africa’);

(g) Council Regulations

(EC) No 1349/2000 (3), as
amended by Regulation (EC) No 2677/2000 (4),
(EC) No 1727/2000 (5),
(EC) No 2290/2000 (6),
(EC) No 2341/2000 (7),
(EC) No 2433/2000 (8),
(EC) No 2434/2000 (9),
(EC) No 2435/2000 (10),
(EC) No 2475/2000 (11), (EC) No 2766/2000 (12) and
(EC) No 2851/2000 (13), establishing certain conces-
sions in the form of Community tariff quotas for
certain agricultural products and providing for the
adjustment, as an autonomous and transitional
measure, of certain agricultural concessions provided
for
in the Europe Agreements with Estonia,
Hungary, Bulgaria, Latvia, the Czech Republic, the
Slovak Republic, Romania, Slovenia, Lithuania and
the Republic of Poland, respectively;

(h) the Agreement establishing an Association between
the European Economic Community
and the
Republic of Cyprus, signed on 19 December 1972,
concluded on behalf of the Community by Council
Regulation (EEC) No 1246/73 (14), and in particular
the Protocol laying down the conditions and proced-
ures for the implementation of the second stage of
the Agreement establishing an Association between
the European Economic Community
and the
Republic of Cyprus, signed on 19 December 1987
and concluded by Council Decision 87/607/EEC (15)
(hereinafter called ‘the Agreement with Cyprus’.

(5)

the arrangements

The CXL schedule provides for certain tariff quotas
for current and minimum
under
access. Those quotas should be opened and rules laid
down for administering them.

(1) OJ L 215, 1.8.1998, p. 12.
(2) OJ L 311, 4.12.1999, p. 1.
(3) OJ L 155, 28.6.2000, p. 1.
(4) OJ L 308, 8.12.2000, p. 7.
(5) OJ L 198, 4.8.2000, p. 6.
(6) OJ L 262, 17.10.2000, p. 1.
(7) OJ L 271, 24.10.2000, p. 7.
(8) OJ L 280, 4.11.2000, p. 1.
(9) OJ L 280, 4.11.2000, p. 9.
(10) OJ L 280, 4.11.2000, p. 17.
(11) OJ L 286, 11.11.2000, p. 15.
(12) OJ L 321, 19.12.2000, p. 8.
(13) OJ L 332, 28.12.2000, p. 7.
(14) OJ L 133, 21.5.1973, p. 1.
(15) OJ L 393, 31.12.1987, p. 1.

(6)

(7)

(8)

(9)

In order to ensure correct and fair management of the
tariff quotas for unspecified countries of origin fixed in
the CXL schedule and the tariff quotas for imports at
reduced duty from the countries of central and eastern
Europe, the ACP States, Turkey and the Republic of
South Africa, licence applications should be subject to
the lodging of a security greater than that required for
normal imports and certain rules should be laid down
for the submission of licence applications. The quotas
should be spread out over the year and the procedure
for allocating licences and their period of validity should
be laid down.

genuine,

In order to ensure that applications for import licences
speculation and ensure
to prevent
are
maximum utilisation of the quotas opened,
individual
applications should be restricted to 10 % of the quota
concerned, applicants should no longer be permitted to
refuse licences where the allocation factor is less than
0,8, quotas should be open only to importers who have
imported or exported the products covered by those
quotas, criteria should be laid down to restrict eligibility
to apply for licences by requiring all applicants to
provide documents proving their status and regular
activity as traders and each importer should be allowed
to lodge only one licence application per quota. To
facilitate the selection and admission of eligible appli-
cants by the national authorities, a procedure should be
introduced for approving eligible applicants and drawing
up a list of approved applicants valid for one year. To
ensure that the restrictions on the number of applica-
tions are effective, there should be a penalty where such
restrictions are not complied with.

to inward- and outward-processing
Products subject
transactions are neither
imported, and consequently
released for free circulation, nor exported and have
therefore never been taken into account for the purposes
of establishing the eligibility of applicants under the
arrangements governed by Regulation (EC) No 1374/98.
In the interests of clarity,
it should be specified that
these transactions may not be taken into account when
calculating the reference quantity provided for in this
Regulation.

For the purposes of administering the tariff quotas
opened for specified countries of origin fixed in the CXL
schedule and the quotas provided for under the Agree-
ment with Norway, in particular the check that imported
products comply with the description of
the goods
concerned and with the tariff quota, use should be made
of the arrangements under which import licences are
issued in a prescribed form on presentation of IMA 1
certificates (inward monitoring arrangements) on the

22.12.2001

EN

Official Journal of the European Communities

L 341/31

responsibility of the exporting country. These arrange-
ments, under which the exporting country gives an
assurance that the exported products conform with their
description, considerably simplify the import procedure.
They are also used by third countries to monitor compli-
ance with tariff quotas.

(10)

In order to protect the Community's financial interests,
however, declarations under
the IMA 1 certificate
arrangements must be verified at Community level by
the random sampling of lots and the use of internation-
ally recognised testing and statistical methods.

(11) Additional detailed rules are necessary for implementing
the IMA 1 certificate system, in particular regarding the
completion, issue, cancellation, amendment and replace-
ment of certificates by the issuing body, the period of
validity of certificates and the conditions for their use
with a corresponding import licence. End-of-year provi-
sions are also needed, linked to normal shipping times,
for releasing for free circulation products covered by an
IMA 1 certificate and intended for
in the
following year. To ensure compliance with the quota,
import declarations should be monitored and an end-of-
year audit carried out.

import

(12) New Zealand butter imported under the current access
quota must be identified to ensure that the full export
refund and certain aid amounts are not paid. To that
end, certain definitions are needed, along with instruc-
tions on how to complete the IMA 1 certificate, how to
check the weight and fat content and what procedure to
follow in the event of a dispute concerning the composi-
tion of the butter.

(13) As an exception to Regulation (EC) No 1291/2000,
imports of New Zealand butter under the current access
quota should also be subject to additional conditions, in
particular to link the quantity covered by an IMA 1
certificate to that covered by a corresponding import
licence and require that both documents be used only
once together with a declaration of release for free circu-
lation.

(14)

Canadian cheddar is now the only product covered by
the IMA 1 certificate system for which a minimum
free-at-frontier value must be complied with. For this
purpose the buyer and the Member State of destination
must be indicated on the IMA 1 certificate.

(15) As a result of poor management by the bodies issuing
IMA 1 certificates in Norway, which led to a quota
overrun, Norway has asked to replace the two issuing
bodies indicated in Annex VII to Regulation (EC) No
1374/98 with a single body answering directly to the

(16)

(17)

(18)

Ministry of Agriculture. The necessary changes should
therefore be made to comply with Norway's request.

Importers who intend to import certain cheeses origin-
ating in Switzerland must undertake to comply with 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, but this is no longer the case. In the inter-
ests of clarity, therefore, the notion of the free-at-frontier
value and the conditions for ensuring that it is complied
with should be specified in some other way.

imports not subject

In the case of the specific provisions relating to preferen-
tial
to quotas as referred to in
Regulation (EC) No 1706/98, Annex I to Protocol 1 to
Decision No 1/98 of the EC-Turkey Association Council,
Annex IV to the Agreement with South Africa, and
under the Agreement with Switzerland,
it should be
specified that the reduced rate of duty is to be applied
only on presentation of the proof of origin provided for
in the relevant Protocols to those Agreements.

to protect

In order better
the Community's own
resources, and in the light of the experience gained,
detailed rules are needed for import checks. In particular,
the procedure to be followed in certain cases where the
lot covered by a declaration of release for free circulation
does not conform to that declaration should be specified
in order to ensure adequate surveillance of quantities
actually released for free circulation against quotas.

(19)

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

HAS ADOPTED THIS REGULATION:

TITLE 1

GENERAL PROVISIONS

Article 1

Except where otherwise stated, this Title shall apply to all
imports into the Community of any of the products listed in
Article 1 of Regulation (EC) No 1255/1999 (hereinafter called
‘milk products’), including imports without quantitative restric-
tions or measures having equivalent effect and with exemption
from customs duties and charges having equivalent effect under
exceptional
trade measures granted by the Community to
certain countries and territories.

L 341/32

EN

Official Journal of the European Communities

22.12.2001

Article 2

Without prejudice to Title II of Regulation (EC) No 1291/2000,
all imports of milk products shall be subject to presentation of
an import licence.

Article 3

1.
The security referred to in Article 15(2) of Regulation
(EC) No 1291/2000 shall be EUR 10 per 100 kilograms net of
product.

2.
The eight-digit Combined Nomenclature code (hereinafter
called ‘CN code’), preceded by ‘ex’ where appropriate, shall be
entered in box 16 of both import licence applications and the
licences themselves. Licences shall be valid only for products so
designated.

3.
Licences shall be valid from the actual day of issue within
the meaning of Article 23(2) of Regulation (EC) No 1291/2000
until the end of the third month following.

4.
Licences shall be issued no later than the first working
day following the day on which the application is submitted.

Article 4

CN code 0406 90 01, covering cheeses for processing,

1.
shall apply only to imports.

(b) the quotas provided for in Regulations (EC) Nos 1349/
2000, 1727/2000, 2290/2000, 2341/2000, 2433/2000,
2434/2000, 2435/2000, 2475/2000, 2766/2000 and
2851/2000;

(c) the quotas provided for in Regulation (EC) No 1706/98;

(d) the quotas referred to in Annex I to Protocol 1 to Decision

No 1/98 of the EC-Turkey Association Council;

(e) the quotas provided for in Annex IV to the Agreement with

South Africa.

Article 6

Annex I to this Regulation sets out the tariff quotas, the duties
to be applied, the maximum quantities to be imported each
year, the 12-month import periods (hereinafter called ‘import
year’) and their division into two equal parts for six-month
periods.

The quantities set out in Annex I(B) and (D) for each import
year shall be divided into two equal parts for the six-month
periods commencing on 1 July and 1 January of each year.

S e c t i o n 2

Article 7

2.
CN codes 0406 90 02 to 0406 90 06, 0406 20 10 and
0406 90 19 shall apply only to imported products originating
in and coming from Switzerland in accordance with Article 20.

Applicants for import licences must be approved in advance by
the competent authority of the Member State in which they are
established.

TITLE 2

The authority concerned shall assign an approval number to
each approved importer.

SPECIFIC RULES ON IMPORTS AT REDUCED DUTY

Article 8

CHAPTER I

Imports under quotas opened by the Community on the
basis of an import licence alone

S e c t i o n 1

Article 5

This Chapter shall apply to milk products imported under the
following tariff quotas:

(a) quotas for unspecified countries of origin as referred to in

the CXL schedule;

Approval shall be granted to all importers who submit a
1.
request to the competent authorities before 1 April, together
with the following:

(a) proof that during the previous calendar year they imported
into and/or exported from the Community at least 25
tonnes of milk products covered by Chapter 04 of the
Combined Nomenclature in at least four separate opera-
tions;

(b) any document and information adequately substantiating

their identity and status as traders,

in particular:

(i) documents relating to business accounts and/or tax
arrangements drawn up in accordance with national
law, and

if provided for under national

law:

(ii) their VAT number,

(iii) their registration in the commercial register.

22.12.2001

EN

Official Journal of the European Communities

L 341/33

For the purposes of the proof required under paragraph

However, a separate licence shall be issued for each code.

2.
1(a):

(a) only customs declarations showing the name and address
of the applicant in box 8 of import declarations and box 2
of export declarations shall be taken into account;

(b) inward- and outward-processing transactions shall not be

considered as imports or exports.

Article 9

Before 15 June, the competent authority shall inform appli-
cants of the outcome of the approval procedure and their
approval number where applicable. Approval shall be valid for
one year.

Article 10

Before 20 June each year, the competent authorities of the
Member States shall send their lists of approved importers to
the Commission, which shall forward them to the competent
authorities of
the other Member States. Only importers
included on a list shall be authorised to apply for licences
during the period from 1 July to 30 June following, in accord-
ance with Articles 11 to 14.

S e c t i o n 3

Article 11

Licence applications may be lodged only in the Member State
of approval, and must bear the importer's approval number.

Article 12

Importers may lodge only one licence application each for the
same quota in the integrated tariff of the European Communi-
ties (TARIC) (hereinafter called ‘quota number’).

Licence applications shall be admissible only where applicants
attach a written declaration that they have not submitted, and
undertake not to submit, any other applications for the same
quota under the import arrangements covered by this Chapter
during the current period.

If an applicant submits more than one application for the same
quota, all applications submitted by that applicant for the
quotas covered by Chapter I of Title 2 shall be rejected for a
six-month import period.

Article 13

2.
Licence applications shall relate to at least 10 tonnes and
to no more than 10 % of the quantity available under the quota
for the six-month period as referred to in Article 6.

However, in the case of the quotas referred to in Article 5(c),
(d) and (e), licence applications shall relate to at least 10 tonnes
and to no more than the quantity fixed for each period in
accordance with Article 6.

Article 14

Licence applications may be lodged only during the first

1.
10 days of each six-month period.

The security referred to in Article 15(2) of Regulation
2.
(EC) No 1291/2000 shall be EUR 35 per 100 kilograms net of
product.

S e c t i o n 4

Article 15

On the fifth working day following the end of the period
1.
for
shall notify the
lodging applications, Member States
Commission of the applications lodged for each of the prod-
ucts concerned. Notifications shall include a list of applicants,
their approval numbers and the quantities applied for under
each CN code, broken down by country of origin in the case of
Annex I(A).

2.
All notifications, including notifications that no applica-
tions have been made, shall be made by telex, fax or electronic
mail on the working day stipulated, in accordance with the
specimen in Annex VI where no applications have been made
and the specimens in Annexes VI and VII where applications
have been made.

3.
Notifications shall be made on separate forms for each of
the quotas listed in Annex I and on separate forms for each
country of origin in the case of the quotas listed in Annex
1(B)(2) and (3).

Article 16

1.
The Commission shall decide as quickly as possible to
what extent applications may be accepted and shall inform the
Member States of its decision.

Licences shall be issued to applicants whose applications have
been notified under Article 15 no more than five working days
after the Member States have been informed of the decision
referred to in the first subparagraph.

1.
Licence applications may show one or more of the CN
codes listed in Annex I for the same quota and must indicate
the quantity requested for each code.

2. Where the total quantity covered by licence applications
exceeds the quantity fixed, the Commission shall apply an
allocation factor to the quantities applied for.

L 341/34

EN

Official Journal of the European Communities

22.12.2001

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

3.
Import licences shall be valid for 150 days from the
actual day of issue under Article 23(2) of Regulation (EC) No
1291/2000.

— Article 5 of Regulation (EC) No 2535/2001,

— Règlement (CE) no 2535/2001, article 5,

— Regolamento (CE) n. 2535/2001, articolo 5,

— Verordening (EG) nr 2535/2001, artikel 5,

— Regulamento (CE) no 2535/2001 artigo 5.o,

— Asetus (EY) N:o 2535/2001 artikla 5,

— Förordning (EG) nr 2535/2001 artikel 5.

However, licences shall not be valid after the end of the import
year for which they are issued.

2.
Licences shall carry an obligation to import from the
country indicated in box 8, except in the case of imports under
the quotas referred to in Annex I(A).

4.
Import licences issued under this Chapter may be trans-
ferred only to natural or legal persons approved in accordance
with Section 2. When licences are transferred, the transferor
shall notify the issuing body of the approval number of the
transferee.

3.
Box 24 of licences shall show the rate of duty applicable
or the rate of duty expressed as a percentage of the basic duty
or the rate of reduction of the duty expressed as a percentage,
in accordance with the Annexes.

Article 17

As an exception to Article 8(4) of Regulation (EC) No 1291/
2000, quantities imported under this Chapter 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.

Article 18

1.

Licence applications and licences shall show:

(a) the country of origin in box 8;

(b) in box 15:

(i) for imports originating in Turkey: the detailed descrip-

tion of the product as given in Annex I(D);

(ii) for other imports: a detailed description of the product,
in particular the raw material used and the fat content
by weight (%). For products falling within CN code
0406, the fat content, by weight (%), in the dry matter
and the water content, by weight (%), in the non-fatty
matter must also be indicated;

(c) the CN code as indicated for the quota concerned, preceded

by ‘ex’ where appropriate,

in box 16;

(d) in box 20, the quota and one of the following:

— Reglamento (CE) no 2535/2001, artículo 5,

— Forordning (EF) nr. 2535/2001, artikel 5,

— Verordnung (EG) Nr. 2535/2001, Artikel 5,

— Κανονισµός (ΕΚ) αριθ 2535/2001, άρθρο 5,

Article 19

1.
The reduced rate of duty shall be applied only on presen-
tation of the declaration of release for free circulation accompa-
nied by the import licence and,
in the case of the imports
referred to below, the proof of origin issued, respectively, under
the following Protocols:

(a) Protocol 4 to the Europe Agreements concluded between
the Community and Hungary (1), Poland (2), the Czech
Republic (3),
Slovak Republic (4), Romania (5),
Bulgaria (6) and Slovenia (7);

the

(b) Protocol 3 to the Europe Agreements concluded between
the Community and Latvia (8), Estonia (9) and Lithu-
ania (10);

(c) Protocol 1 to Annex IV to the ACP-EC Partnership Agree-
ment signed at Cotonou on 23 June 2000, applicable by
virtue of Decision No 1/2000 of the ACP-EC Council of
Ministers (11)
(hereinafter called the ‘ACP-EC Partnership
Agreement’);

(d) Protocol 3 to Decision No 1/98 of the EC-Turkey Associa-

tion Council;

(e) Protocol 1 to the Agreement with South Africa.

2.
Release for free circulation of products imported under
the agreements referred to in paragraph 1(a) and (b) shall be
subject to either presentation of the EUR.1 certificate or a
declaration by the exporter in accordance with the said Proto-
cols.

(1) OJ L 347, 31.12.1993, p. 1.
(2) OJ L 348, 31.12.1993, p. 1.
(3) OJ L 360, 31.12.1994, p. 1.
(4) OJ L 359, 31.12.1994, p. 1.
(5) OJ L 357, 31.12.1994, p. 1.
(6) OJ L 358, 31.12.1994, p. 1.
(7) OJ L 51, 26.2.1999, p. 1.
(8) OJ L 26, 2.2.1998, p. 1.
(9) OJ L 68, 9.3.1998, p. 3.
(10) OJ L 51, 20.2.1998, p. 1.
(11) OJ L 195, 1.8.2000, p. 46.

22.12.2001

EN

Official Journal of the European Communities

L 341/35

CHAPTER II

— Förordning (EG) nr 2535/2001, artikel 20.

Non-quota imports on the basis of an import licence alone

Article 20

This Chapter shall apply to preferential

imports not
1.
subject to quotas as referred to in the following agreements
and acts:

(a) Regulation (EC) No 1706/98;

(b) Annex I to Protocol 1 to Decision No 1/98 of the EC-

Turkey Association Council;

Licences shall carry an obligation to import from the

2.
country indicated in box 8.

Box 24 of licences shall show the rate of duty applicable
3.
or the rate of duty expressed as a percentage of the basic duty
or the rate of reduction of the duty expressed as a percentage.

Article 22

The reduced rate of duty shall be applied only on presentation
of the declaration of release for free circulation accompanied
by the import licence and the proof of origin issued, respec-
tively, under the following Protocols:

(a) Protocol 1 to Annex V to the ACP-EC Partnership Agree-

ment;

(b) Protocol 3 to Decision No 1/98 of the EC-Turkey Associa-

(c) Annex IV to the Agreement with South Africa;

tion Council;

(d) the Agreement with Switzerland.

Annex II to this Regulation lists the products concerned

2.
and the rates of duty applicable.

Article 21

1.

Licence applications and licences shall show:

(a) the country of origin in box 8;

(b) in box 15:

(i) for imports originating in Turkey and Switzerland: the
detailed description of the product as given in Annex
II(B) and (D), respectively;

(ii) for other imports: a detailed description of the product,
in particular the raw material used and the fat content
by weight ( %). For products falling within CN code
0406, the fat content, by weight ( %), in the dry matter
and the water content, by weight ( %), in the non-fatty
matter must also be indicated;

(c) the CN code as indicated in the relevant Annex, preceded

by ‘ex’ where appropriate,

in box 16;

(d) in box 20, one of the following:

— Reglamento (CE) no 2535/2001 artículo 20,

— Forordning (EF) nr 2535/2001, artikel 20,

— Verordnung (EG) Nr. 2535/2001, artikel 20,

— Κανονισµός (ΕΚ) αριθ. 2535/2001, άρθρο 20,

— Article 20 of Regulation (EC) No 2535/2001,

(c) Protocol 1 to the Agreement with South Africa;

(d) Protocol 3 to the Agreement between the European
Economic Community and the Swiss Confederation signed
at Brussels on 22 July 1972 (1), as amended by Decision
No 1/2001 of the EC-Switzerland Joint Committee of 24
January 2001 (2).

Article 23

For products originating in Switzerland and listed in Annex
II(D) under serial numbers 3 to 10, import licences shall be
issued only where the applications are accompanied by a
written declaration by the applicant that the minimum free-at-
frontier value referred to in Annex II(D) will be complied with.

At the request of the competent authorities, applicants shall
supply any information and additional supporting documenta-
tion which the said authorities may judge necessary to demon-
strate compliance with the minimum free-at-frontier value and
shall allow any auditing of accounts required by those authori-
ties. They shall not accept any discount, refund, or other rebate
which may lead to the product concerned having a value less
than the minimum import value fixed for such a product.

If the minimum free-at-frontier value is not complied with, in
addition to the import duty set in Annex I to Council Regula-
tion (EEC) No 2658/87 (3), a penalty shall be paid equal to
25 % of the amount of the duty.

CHAPTER III

Imports under an import licence covered by an inward-
monitoring arrangement (IMA 1) certificate

S e c t i o n 1

Article 24

— Règlement (CE) no 2535/2001, article 20,

1.

This section shall apply to imports under:

— Regolamento (CE) n. 2535/2001, articolo 20,

(a) the quotas for specified countries of origin listed in the CXL

— Förordning (EG) nr. 2535/2001, artikel 20,

— Regulamento (CE) no 2535/2001, artigo 20,

— Asetus (EY) N:o 2535/2001, artikla 20,

schedule;

(1) OJ L 300, 31.12.1972, p. 189.
(2) OJ L 51, 21.2.2001, p. 40.
(3) OJ L 256, 7.9.1987, p. 1.

L 341/36

EN

Official Journal of the European Communities

22.12.2001

(b) the quotas provided for under the Agreement with Norway;

Article 27

(c) the Agreement with Cyprus.

Annex III to this Regulation sets out the duties to be
2.
applied and, in the case of imports as referred to in paragraph
1(a) and (b), the maximum quantities to be imported each year
and the import year.

As an exception to Article 8(4) of Regulation (EC) No 1291/
2000, 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 licences.

Article 28

Article 25

1.

Licence applications and licences shall show:

Import licences for the products listed in Annex III at the
1.
rate of duty indicated shall be issued only on presentation of a
corresponding IMA 1 certificate,
for the total net quantity
indicated therein.

(a) in boxes 7 and 8, the country of provenance and the

country of origin;

(b) in box 15, the product description as given in Annex III;

IMA 1 certificates must meet the requirements laid down in
Article 40(1) for butter under quota 09.4589 referred to in
Annex III(A) (hereinafter called ‘New-Zealand butter’) and in
Articles 29 to 33 for other products. Import licences must
show the number and date of issue of the corresponding IMA
1 certificate.

Except in the case of New-Zealand butter and reduced-
2.
the products referred to in Annex III(C),
duty imports of
import
the competent
authority has verified that Article 33(1)(e) has been complied
with.

licences may be issued only after

The licence issuing bodies shall send the Commission by fax a
copy of the IMA 1 certificate lodged with each import licence
application no later than 18.00 (Brussels time) on the day it is
lodged.

Licence issuing bodies shall issue import licences on the fourth
working day following, provided the Commission has not
taken any special measures before that date.

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

(c) in box 16, the CN code as given in Annex III, preceded by

‘ex’ where appropriate;

(d) in box 20, where applicable,

the
number of the IMA 1 certificate and its date of issue, in one
of the following ways:

the quota number,

— 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 συvοδεύεται από το πιστοποιητικό

IMA 1 αριθ. … που εξεδόθη στις …

— Valid if accompanied by the IMA 1 certificate No …

issued on …

— Valable si accompagné du certificat IMA no …, délivré

le …

— Valido se accompagnato dal certificato IMA 1 n. …,

rilasciato il …

— Geldig indien vergezeld van een certificaat IMA nr. …

dat is afgegeven op …

— Válido quando acompanhado do certificado IMA 1

com o número … emitido …

— Voimassa vain … myönnetyn IMA 1-todistuksen N:o..

Article 26

kanssa

1.
IMA 1 certificates shall be valid from the date of issue up
to the end of the eighth month following, but in no case may
they remain valid for longer than the corresponding import
licence or beyond 31 December of the import year for which
they are issued.

2.
From 1 November each year, IMA 1 certificates valid
from the following 1 January may be issued for quantities
covered by the quota for that import year. However, import
licence applications may be lodged only from the first working
day of the import year.

— Gäller endast

tillsammans med IMA 1-intyg nr …

utfärdat den …

Licences shall carry an obligation to import from the

2.
country of origin indicated in box 8.

3.

Box 24 of licences shall show the rate of duty applicable.

Article 29

3.
Annex VIII to this Regulation sets out the circumstances
in which IMA 1 certificates may be cancelled, amended,
replaced or corrected.

1.
IMA 1 certificates shall be drawn up on forms according
to the specimen in Annex IX, except in the case of New
Zealand butter, and in accordance with the requirements laid
down in this Chapter.

22.12.2001

EN

Official Journal of the European Communities

L 341/37

Box 3 of IMA 1 certificates, relating to the buyer, and box
2.
6 relating to the country of destination shall not be completed,
except in the case of Cheddar cheese provided for under quota
No 09.4513 in Annex III.

Article 30

The dimensions of the form referred to in Article 29 shall
least

1.
be 210 × 297 mm. The paper used shall weigh at
40 g/m2 and shall be white in colour.

The forms shall be printed and completed in one of the
2.
official languages of the Community. They may also be printed
and completed in the official language or one of the official
languages of the exporting country.

3.
The form shall be completed either in typescript or in
manuscript. Block letters shall be used if the form is completed
in manuscript.

Each IMA 1 certificate shall bear a serial number assigned

4.
by the issuing body.

Article 33

1.

Issuing bodies may be listed in Annex XII only if:

(a) they are recognised as such by the exporting country;

(b) they undertake to verify entries on the certificates;

(c) they undertake to supply the Commission and the Member
States, upon request, with any information that may be
required to assess the particulars set out in the certificates;

(d) they undertake, for the products listed in Annex III(A), to
issue the IMA 1 certificate for the total quantity covered
before the product it covers leaves the territory of the
issuing country;

(e) they undertake to send to the Commission a faxed copy of
each authenticated IMA 1 certificate for the total quantity
covered on the date of issue or within seven days of that
date at the latest and, where appropriate, notification of
any cancellation, correction or amendment;

(f) in the case of products falling under CN code 0406, they
undertake to notify the Commission by 15 January, for
each quota separately, of:

Article 31

1.
A separate IMA 1 certificate must be drawn up for each
type of product referred to in Annex III and for each form of
presentation thereof.

2.
IMA 1 certificates must contain the particulars set out in
Annex XI for each type of product and each form of presenta-
tion, except for New Zealand butter.

Article 32

1.
The original of the IMA 1 certificate shall be presented,
along with the corresponding import licence and the products
the
to which they relate,
importing Member State at the time the declaration of release
for free circulation is lodged. Without prejudice to Article
26(1), it shall be presented while it is still valid, except in cases
of force majeure.

to the customs authorities of

However, where the original is lost or has become unusable, a
copy duly authenticated and appropriately identified by the
issuing body may be presented to the licensing authority and
the competent customs authority.

IMA 1 certificates shall be valid only if duly completed

2.
and authenticated by an issuing body listed in Annex XII.

(i) the number of

the
IMA 1 certificates
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 concerned, and

issued for

those
(ii) the cancellation, correction or amendment of
IMA 1 certificates or the issue of copies if
IMA 1
certificates, as provided for in Annex VIII(1) to (5), and
in Article 32(1), and all relevant details thereof.

Annex XII shall be revised when the requirement referred
2.
to in paragraph 1(a) is no longer met or when an issuing body
fails to fulfil one of the obligations it has undertaken.

S e c t i o n 2

Article 34

This Section, and except where otherwise stated Section

1.
1, shall apply to New Zealand butter.

2.
The words ‘at least six weeks old’ in the description of the
quota for New Zealand butter means at least six weeks old on
the date on which a declaration of release for free circulation is
presented to the customs authorities.

3.
IMA 1 certificates shall be regarded as duly authenticated
where they show the date and place of issue, are stamped by
the issuing body and bear the signature or signatures of the
person or persons authorised to sign them.

1.
The security referred to in Article 15(2) of Regulation
(EC) No 1291/2000 shall be EUR 5 per 100 kilograms net of
product.

Article 35

L 341/38

EN

Official Journal of the European Communities

22.12.2001

Import licence applications may be submitted only in the

2.
United Kingdom.

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

3.
Import licences, endorsed in accordance with Article 24
of Regulation (EC) No 1291/2000, shall be used for a single
customs declaration of release for free circulation and shall
cover a single lot. If the quantity released for free circulation is
smaller than the quantity indicated in boxes 17 and 18 of the
import licence, the security relating to the part not released
shall be forfeited, and the licence concerned may not be used
to import any further quantity.

Article 36

Where the New Zealand butter does not meet the composi-
tional requirements, no preferential treatment shall be given for
the whole lot.

Once non-conformity has been established, where the declara-
tion 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, attribute the quantity
shown in box 29 of the import licence and send the licence to
the issuing authority, which shall amend it with a view to
converting it into a full-duty import licence.

Article 37

As an exception to Article 26 of Regulation (EC) No 1291/
2000, 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 convertido
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 δασµού
ποσού …/100 kg οφείλετο και πληρώθηκε? το πιστοποιητικό
ήδη χορηγήθηκε,

— 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 corre-
spondant au contingent …, converti en un certificat d'im-
portation à taux plein, pour lequel le taux du droit applic-
able de …/100 kg a été acquitté; certificat déjà imputé,

— Conversione da un titolo d'importazione a dazio ridotto per
il prodotto corrispondente al contingente … ad un titolo
d'importazione a dazio pieno, per il quale è stata pagata
l'aliquota di …/100 kg; titolo già imputato,

— Invoercertificaat met verlaagd recht voor onder volg-
nummer … vallend product omgezet in een invoercertifi-
caat 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 kiintiötuontitodis-
joka kuuluu
josta on kannettu tariffin

tuksesta vakiotuontitodistutseksi
järjestysnumeroon … ja
mukainen tulli …/100 kg; vähennysmerkinnät tehty,

tavaralle,

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

The licence-issuing authority shall amend all accounting data to
take this amendment into account. The customs authorities
shall ensure that the trade and own-resources accounting is
amended accordingly.

Article 38

In addition to the requirements set out in Article 33(a) to (e),
issuing bodies may be listed in Annex XII only if:

(a) 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;

(b) they undertake to send the competent United Kingdom
licence-issuing authority a faxed copy of each authenticated
IMA 1 certificate for the total quantity covered on the date
of issue or within seven days of that date at the latest and,
where applicable, to notify any cancellation, correction or
amendment;

22.12.2001

EN

Official Journal of the European Communities

L 341/39

(c) they undertake to communicate the following information
to the United Kingdom licence-issuing authority before the
10th of the following month for each month in the period
January to October, and before Friday of the following
week for each week or part thereof
in November and
December, separately for IMA 1 certificates issued for the
current and following quota year:

(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 quantities covered by
them, together with the total number of certificates
issued and the quantities covered by them for the quota
year concerned, and

(ii) the cancellation, correction or amendment of

those
IMA 1 certificates or the issue of copies of IMA 1
certificates, as provided for in Annex VIII(1), (2), (4) and
(5) and in Article 32(1), and all relevant details thereof.

Article 39

1.
For the purpose of monitoring quantities of New Zealand
butter, account shall be taken of all quantities for which
declarations of release for free circulation have been accepted
during the quota period concerned.

2. Member States shall notify the Commission, by 31
January following the end of a given quota year, of the defin-
itive monthly quantities and the total quantity for that quota
year of butter for which declarations of release for free circula-
tion 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.

3.
By 28 February of each year, the United Kingdom shall
communicate to the Commission, for the previous quota year,
the quantity of butter for which a security has been lodged and
the quantity of butter released for free circulation for which the
security has been released. If complete data are not available on
28 February, they must be completed without undue delay.

weight and fat content of the butter, and the consequences of
such monitoring.

The typical-process standard deviation of the fat content as
referred to in Annex IV(1)(e) and notified in accordance with
Article 38(a) shall be approved by the Commission and the list
shall be communicated to the Member States together with the
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 date of entry into force for
the purpose of issuing IMA 1 certificates.

2. Member States shall notify the Commission of the results
of the monitoring carried out for each quarter under Annex IV
using the standard form set out in Annex V by the 10th of the
following month.

Article 41

At all stages in the marketing of New Zealand butter
1.
imported into the Community under this Chapter, the New
Zealand origin shall be marked on its packaging and on the
corresponding invoice or invoices.

2.
As an exception to paragraph 1, where New Zealand
butter is blended with Community butter and where the
blended butter is intended for direct consumption and put up
in packages of 500 grams or less, the New Zealand origin of
the blended butter need be stated only on the corresponding
invoice.

In the cases referred to in paragraphs 1 and 2, invoices

3.
shall also state:

By 31 January following the end of each quota year, the United
Kingdom shall forward to the Commission an inventory for the
quota year, based on the data referred to in Article 38(c),
detailing each IMA 1 certificate 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. The inventory shall include all the relevant details of any
cancellations, corrections or amendments to any IMA 1 certi-
ficates and of any copies issued.

‘Butter imported under Section 2 of Chapter III of Commission
Regulation (EC) No 2535/2001: not eligible for the grant of aid
for butter under Article 1(1) of Commission Regulation (EEC)
No 429/90 or under Article 1(2)(a) of Commission Regulation
(EC) No 2571/97 nor for the grant of an export refund under
Article 31(10) and (11) of Council Regulation (EC) No 1255/
1999, except where provided for in Article 31(12) of that
Regulation or in Article 7a of Commission Regulation (EC) No
1222/94.’

Article 40

Article 42

1.
Annex IV to this Regulation sets out the rules to be
followed for completing IMA 1 certificates and monitoring the

IMA 1 certificates shall be drawn up according to the specimen
in Annex X, in accordance with the requirements laid down in
this Section and in Article 40(1) of this Regulation.

L 341/40

EN

Official Journal of the European Communities

22.12.2001

CHAPTER IV

— Physical check carried out [Regulation (EC) No 2535/2001,

— Contrôle physique effectué [règlement (CE) no 2535/2001,

Checks on reduced-duty imports

— Controllo fisico effettuato [regolamento (CE) n. 2535/2001,

Article 43

1.
The Community customs offices where products are
declared for release for free circulation into the Community
shall scrutinise the documents submitted in support of a
declaration of release for free circulation claiming reduced-tariff
treatment.

They shall also make physical checks on the products, on the
basis of the said documents.

2. Member States shall take the necessary measures to estab-
lish a system to carry out the physical checks under the second
subparagraph of paragraph 1 without prior warning, based on
a risk-analysis assessment.

However, up to the end of 2003, the system shall ensure that
at least 3 % of the declarations of release for free circulation per
Member State and per calendar year are physically checked.

When calculating the minimum rate of physical checks to be
carried out, Member States may opt
to disregard import
declarations involving quantities not exceeding 500 kg.

Article 44

1.
Commission Regulation (EC) No 213/2001 (1)
shall
apply as regards the reference methods to be used for analysing
products as provided for in this Regulation to determine
whether their composition conforms to the declaration of
release for free circulation.

Each customs office shall produce a detailed examination
2.
report for each physical check carried out. This report shall
bear the examination date and shall be retained for at least
three calendar years.

3. Where a physical check has been carried out, box 32 of
import licences, or the message box in electronic licences, shall
contain one of the following entries:

— Se ha realizado el control material [Reglamento (CE) no

2535/2001,

— Fysisk kontrol [forordning (EF) nr.2535/2001,

— Warenkontrolle durchgeführt [Verordnung (EG) Nr 2535/

2001,

— Πραγµατοποιήθηκε φυσικός έλεγχος [Κανονισµός (ΕΚ) αριθ.

2535/2001,

— Fysieke controle uitgevoerd [Verordening (EG) nr. 2535/

2001,

— Controlo físico em conformidade com [Regulamento (CE)

no 2535/2001,

— Fyysinen tarkastus suoritettu [asetus (EY) N:o 2535/2001,

— Fysisk kontroll utförd [förordning (EG) nr 2535/2001.

The customs authorities shall assess the results of the first
analysis within 20 working days of the date on which the
physical check is carried out. Where the definitive results estab-
lish non-conformity, these results and, where appropriate, the
licence shall be sent to the competent licence-issuing authority
within 10 working days from the date on which the results are
established.

Without prejudice to Article 248 of Commission Regulation
(EEC) No 2454/93 (2), where a physical check for composition
has been carried out prior to presentation of the endorsed
import licence under Article 33(1)(a) of Regulation (EC) No
1291/2000, the security shall be released.

4.
Each case of non-conformity with the declaration of
release for free circulation shall be notified to the Commission
within 10 working days of such non-conformity being estab-
lished by the customs authorities, specifying in what way the
products do not conform and the rate of duty applied as a
result of the non-conformity finding.

Article 45

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

2.
Each Member State shall notify the Commission by 15
March following each quota year 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 in the
case of New Zealand butter, of the definitive total quantity for
the quota year for which declarations of release for free circula-
tion have been accepted.

TITLE 3

TRANSITIONAL AND FINAL PROVISIONS

Article 46

The Member States shall take the measures necessary to check
that the system of licences and certificates introduced by this
Regulation is operating correctly.

(1) OJ L 37, 7.2.2001, p. 1.

(2) OJ L 253, 11.10.1993, p. 1.

22.12.2001

EN

Official Journal of the European Communities

L 341/41

Article 47

the required quantities of milk products during 2001 as a result
of exceptional circumstances.

Approval as provided for in Article 7 shall not be required for
the period from 1 January to 30 June 2002.

For that period, licence applications for the quotas covered by
Chapter I of Title 2 may be lodged only in the Member State
where the applicant is established, and shall be accepted only if
the proof required under Article 8(1)(a) is presented, to the
satisfaction of the competent authority, when the application is
lodged.

The restrictions provided for in Article 16(4) shall not apply to
transfers of import licences as referred to in Chapter I of Title 2
issued during the period from 1 January to 30 June 2002.

For the periods from 1 January to 30 June 2002 and from 1
July to 31 December 2002, the reference year referred to in
Article 8(1)(a)
the importer
shall be 2001, or 2000 if
concerned can prove that it was not able to import or export

Article 48

Regulations (EEC) No 2967/79,
1374/98 and (EC) No 2414/98 are hereby repealed.

(EC) No 2508/97,

(EC) No

They shall continue to apply to licences applied for before 1
January 2002.

References to the repealed Regulations shall be construed as
references to this Regulation.

Article 49

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

It shall apply to import licences applied for from 1 January
2002.

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

Done at Brussels, 14 December 2001.

For the Commission

Franz FISCHLER

Member of the Commission

L 341/42

EN

Official Journal of the European Communities

22.12.2001

ANNEX I

I. A

TARIFF QUOTAS NOT SPECIFIED BY COUNTRY OF ORIGIN

Quota
number

CN code

Description (1)

Country of origin

Quota from 1 July
to 30 June
(quantity in tonnes)

Annual

Six-monthly

Import duty
(EUR/100 kg
net weight)

09.4590

0402 10 19

Skimmed-milk powder

All third countries

68 000

34 000

47,50

09.4599

0405 10 11
0405 10 19
0405 10 30

0405 10 50
0405 10 90
0405 90 10 (*)
0405 90 90 (*)

09.4591

ex 0406 10 20
ex 0406 10 80

Butter and other fats and oils derived from All third countries
milk

10 000

5 000

94,80

in butter equivalent

All third countries

5 300

2 650

13,00

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

09.4592

ex 0406 30 10

Processed Emmentaler

All third countries

18 400

9 200

ex 0406 90 13

Emmentaler

09.4593

ex 0406 30 10

Processed Gruyère

All third countries

5 200

2 600

ex 0406 90 15

Gruyère, Sbrinz

71,90

85,80

71,90

85,80

09.4594

0406 90 01

Cheese for processing (2)

All third countries

20 000

10 000

83,50

09.4595

0406 90 21

Cheddar

All third countries

15 000

7 500

21,00

09.4596

ex 0406 10 20
ex 0406 10 80

Fresh (unripened or uncured)
cheese,
including whey cheese, and curd, other
than pizza cheese of quota No 09.4591

0406 20 90

Other grated or powdered cheese

0406 30 31

Other processed cheese

0406 30 39

0406 30 90

0406 40 10

Blue-veined cheese

0406 40 50

0406 40 90

0406 90 17

Bergkäse and Appenzell

0406 90 18

0406 90 23

0406 90 25

0406 90 27

0406 90 29

Fromage
d'Or and Tête de Moine

Fribourgeois, Vacherin Mont

Edam

Tilsit

Butterkäse

Kashkaval

All third countries

19 500

9 750

92,60

106,40

94,10

69,00

71,90

102,90

70,40

85,80

75,50

22.12.2001

EN

Official Journal of the European Communities

L 341/43

Quota
number

CN code

Description (1)

Country of origin

Quota from 1 July
to 30 June
(quantity in tonnes)

Annual

Six-monthly

Import duty
(EUR/100 kg
net weight)

0406 90 31

0406 90 33

0406 90 35

0406 90 37

0406 90 39

0406 90 50

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, Lancashire, Double
Gloucester, Blarney, Colby, Monterey

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

94,10

75,50

92,60

106,40

(*) 1 kg product = 1,22 kg butter.
(1) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than
an indicative value, the applicability of the preferential scheme being determined, for the purposes of this Annex, by the coverage of the CN codes. Where ex CN codes are
indicated, the applicability of the preferential scheme is determined on the basis of the CN code and the corresponding description taken jointly.

(2) The cheeses referred to are considered as processed when they have been processed into products falling within subheading 0406 30 of the combined nomenclature.

Articles 291 to 300 of Regulation (EEC) No 2454/93 apply.

L 341/44

EN

Official Journal of the European Communities

22.12.2001

I. B

TARIFF QUOTAS UNDER THE EUROPE AGREEMENTS BETWEEN THE COMMUNITY AND THE REPUBLICS OF
HUNGARY AND POLAND, THE CZECH REPUBLIC, THE SLOVAK REPUBLIC, BULGARIA, ROMANIA, SLOVENIA AND
THE BALTIC STATES

1. Products originating in Poland

Applicable duty
(% of MFN)

Annual quantities
(tonnes)

From 1.7.2000
to 30.6.2001

Annual increase
from 1.7.2001

Free

10 000

1 000

Butter and dairy spreads (2)

Free

6 000

600

Quota number

CN code

Description (1)

Skimmed-milk powder
Whole-milk powder
Whole-milk powder

09.4813

09.4814

0402 10 19
0402 21 19
0402 21 99

0405 10 11
0405 10 19
0405 10 30
0405 10 50
0405 10 90
0405 20 90

09.4815

0406

Cheese and curd (2)

Free

9 000

900

2. Products originating in the Czech Republic

Quota number

CN code

Description (1)

09.4611

09.4612

0402 10 19
0402 21 19
0402 21 91

0405 10 11
0405 10 19
0405 10 30
0405 10 50
0405 20 90

Skimmed-milk powder
Whole-milk powder
Whole-milk powder

Butter

Applicable duty
(% of MFN)

Annual quantities
(tonnes)

From 1.7.2000
to 30.6.2001

Annual increase
from 1.7.2001

20

20

2 875

1 250

0

0

09.4613

0406

Cheese and curd (2)

Free

5 100

765

3. Products originating in the Slovak Republic

Quota number

CN code

Description (1)

09.4611

09.4612

0402 10 19
0402 21 19
0402 21 91

0405 10 11
0405 10 19
0405 10 30
0405 10 50
0405 20 90

Skimmed-milk powder
Whole-milk powder
Whole-milk powder

Butter

Applicable duty
(% of MFN)

Annual quantities
(tonnes)

From 1.7.2000
to 30.6.2001

Annual increase
from 1.7.2001

20

20

1 500

750

0

0

09.4613

0406

Cheese and curd (2)

Free

2 200

330

22.12.2001

EN

Official Journal of the European Communities

L 341/45

4. Products originating in Hungary

Quota number

CN code

Description (1)

Applicable duty
(% of MFN)

Annual quantities
(tonnes)

From 1.7.2000
to 30.6.2001

Annual increase
from 1.7.2001

09.4731

0402 10

Milk and cream in powder or solid
form, fat content < 1,5 %

Free

375

40

09.4733

0406

Cheese and curd (2)

Free

3 500

350

5. Products originating in Romania

Quota number

CN code

Description (1)

Applicable duty
(% of MFN)

Annual quantities
(tonnes)

From 1.7.2000
to 30.6.2001

Annual increase
from 1.7.2001

09.4758

0406

Cheese and curd (2)

Free

2 000

200

6. Products originating in Bulgaria

Quota number

CN code

Description (1)

Applicable duty
(% of MFN)

Annual quantities
(tonnes)

From 1.7.2000
to 30.6.2001

Annual increase
from 1.7.2001

09.4660

0406

Cheese and curd (2)

Free

5 500

300

7. Products originating in Estonia

Quota number

CN code

Description (1)

Applicable duty
(% of MFN)

Annual quantities
(tonnes)

From 1.7.2000
to 30.6.2001

Annual increase
from 1.7.2001

09.4578

0401 30

Cream, of a fat content, by weight,
exceeding 6 %

Free

500

150

09.4546

09.4579

09.4580

0402 10 19
0402 21 19

Skimmed-milk powder
Whole milk powder

Free

10 000

3 000

0403 10 11
0403 10 13
0403 10 19

0403 90 59
0403 90 61
0403 90 63
0403 90 69

Yoghurt, not flavoured

Free

300

90

Milk and cream, fermented or acidi-
fied

Free

700

210

09.4547

0405 10 11
0405 10 19

Butter

09.4581

ex 0406

Cheese, not including curd (2)

09.4582

ex 0406 10

Curd (2)

Free

3 000

900

Free

Free

2 000

700

600

210

L 341/46

EN

Official Journal of the European Communities

22.12.2001

8. Products originating in Latvia

Quota number

CN code

Description (1)

Applicable duty
(% of MFN)

Annual quantities
(tonnes)

From 1.7.2000
to 30.6.2001

Annual increase
from 1.7.2001

09.4549

0402 10 19
0402 21 19

Skimmed-milk powder
Whole milk powder

09.4550

0402 29

Whole milk powder, sweetened

09.4551

0405 10

Butter

09.4552

0406

Cheese and curd (2)

Free

4 000

20

Free

Free

250

1 875

3 000

400

0

190

300

9. Products originating in Lithuania

Quota number

CN code

Description (1)

09.4554

0402 10 19
0402 21 19

Skimmed-milk powder
Whole milk powder

Applicable duty
(% of MFN)

Annual quantities
(tonnes)

From 1.7.2000
to 30.6.2002

Annual increase
from 1.7.2002

Free

5 500

500

09.4567

0402 99 11

09.4556

0405 10 11
0405 10 19

Milk
and
sweetened

Butter

09.4557

0406

Cheese and curd (2)

cream,

condensed,

20

300

—

Free

Free

1 925

6 600

175

600

10. Products originating in Slovenia

Quota number

CN code

Description (1)

Applicable duty
(% of MFN)

09.4086

0402 10
0402 21

Skimmed-milk powder
Whole-milk powder

09.4087

0403 10

Yoghurts

09.4088

0406 90

Other cheese

20

20

20

Annual quantities
(tonnes)

From 1.1.2000
to 30.6.2001

From
1.1.2002

1 400

1 500

700

420

750

450

(1) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be
considered as having no more than an indicative value, the applicability of the preferential scheme being determined, for the purposes of
this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the applicability of the preferential scheme is determined
on the basis of the CN code and the corresponding description taken jointly.

(2) This concession is applicable only to products not benefiting from any kind of export subsidies.

22.12.2001

EN

Official Journal of the European Communities

L 341/47

TARIFF QUOTAS REFERRED TO IN ARTICLE 7(1) OF REGULATION (EC) No 1706/98

I. C

CN code

Description (1)

Country of origin

Quota
number

09.4026

0402

09.4027

0406

Cheese and curd

and

cream,

or
Milk
containing added sugar or other sweet-
ening matter

concentrated

ACP

ACP

Quota for 1 January
to 31 December
(in tonnes)

Annual

Six-monthly

Reduction
in customs
duties

1 000

500

65 %

1 000

500

65 %

(1) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than
an indicative value, the applicability of the preferential scheme being determined, for the purposes of this Annex, by the coverage of the CN codes. Where ex CN codes are
indicated, the applicability of the preferential scheme is determined on the basis of the CN code and the corresponding description taken jointly.

TARIFF QUOTAS UNDER PROTOCOL 1 TO DECISION No 1/98 OF THE EC-TURKEY ASSOCIATION COUNCIL

I. D

Quota number

CN code

Description (1)

Country
of origin

Annual quota
from 1 January
to 31 December
(in tonnes)

Import duty
(EUR/100 kg
net weight)

09.4101

0406 90 29

Kashkaval cheese

Turkey

1 500

0

ex 0406 90 31

ex 0406 90 50

Cheese made exclusively from
sheep's milk or buffalo milk, in
containers containing brine, or
in sheep or goatskin bottles

Other cheese made exclusively
from sheep's milk or buffalo
milk,
in containers containing
brine, or in sheep or goatskin
bottles

ex 0406 90 86
ex 0406 90 87
ex 0406 90 88

from
Tulum Peyniri, made
sheep's milk or buffalo milk, in
packings of less than 10 kg

(1) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be
considered as having no more than an indicative value, the applicability of the preferential scheme being determined, for the purposes of
this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the applicability of the preferential scheme is determined
on the basis of the CN code and the corresponding description taken jointly.

L 341/48

EN

Official Journal of the European Communities

22.12.2001

TARIFF QUOTAS UNDER ANNEX IV TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND SOUTH
AFRICA

I. E

Quota number

CN code

Description (1)

Country of origin

Import year

Annual quota from 1 January
to 31 December
(in tonnes)

Annual

Six-monthly

Import duty
(EUR/100 kg
net weight)

09.4151

0406 10
0406 20 90
0406 30
0406 40 90
0406 90 01
0406 90 21
0406 90 50
0406 20 69
0406 90 78
0406 90 86
0406 90 87
0406 90 88
0406 90 93
0406 90 99

Republic of
South Africa

0

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

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

3 375

3 375

3 500

3 625

Unlimited

Unlimited

(1) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be
considered as having no more than an indicative value, the applicability of the preferential scheme being determined, for the purposes of
this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the applicability of the preferential scheme is determined
on the basis of the CN code and the corresponding description taken jointly.

22.12.2001

EN

Official Journal of the European Communities

L 341/49

ANNEX II

II. A

CONCESSIONS REFERRED TO IN ARTICLE 7(2) OF REGULATION (EC) No 1706/98

CN code

Description (1)

Reduction in customs duties
(%)

0401

0403 10 11 to 0403 10 39

0403 90 11 to 0403 90 69

0404

0405 10

0405 20 90

0405 90

1702 11 00

1702 19 00

2106 90 51

2309 10 15

2309 10 19

2309 10 39

2309 10 59

2309 10 70

2309 90 35

2309 90 39

2309 90 49

2309 90 59

2309 90 70

16

16

16

16

16

16

16

16

16

16

16

16

16

16

16

16

16

16

16

16

(1) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be
considered as having no more than an indicative value, the applicability of the preferential scheme being determined, for the purposes of
this Annex, by the coverage of the CN code. Where ex CN codes are indicated, the applicability of the preferential scheme is determined
on the basis of the CN code and the corresponding description taken jointly.

II. B

PREFERENTIAL IMPORT ARRANGEMENTS — TURKEY

Serial
number

CN code

Description

Country of origin

Import duty
(EUR/100 kg net weight without
further indication)

1

2

3

0406 90 29

Kashkaval

ex 0406 90 31
ex 0406 90 50

Cheese made exclusively from sheep's milk or buffalo milk,
in containers containing brine, or in sheep- or goatskin
bottles

Turkey

Turkey

ex 0406 90 86
ex 0406 90 87
ex 0406 90 88

Tulum peyniri, made from sheep's milk or buffalo milk, in
packings of less than 10 kg

Turkey

67,19

67,19

67,19

L 341/50

EN

Official Journal of the European Communities

22.12.2001

Quota
number

14

II. C

PREFERENTIAL IMPORT ARRANGEMENTS — SOUTH AFRICA

CN code

Description (1)

Country of origin

Year

Import duty as % of basic duty

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

91

82

73

64

55

45

36

27

18

9

0

Republic of
South Africa

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

For quantities
imported in excess
of the quotas
referred to in Annex
I(E)

22.12.2001

EN

Official Journal of the European Communities

L 341/51

Quota
number

CN code

Description (1)

Country of origin

Year

Import duty as % of basic duty

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

1702 11 00
1702 19 00

2106 90 51

2309 10 15
2309 10 19
2309 10 39
2309 10 59
2309 10 70
2309 90 35
2309 90 39
2309 90 49
2309 90 59
2309 90 70

(1) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than
an indicative value, the applicability of the preferential scheme being determined, for the purposes of this Annex, by the covereage of the CN code. Where ex CN codes are
indicated, the applicability of the preferential scheme is determined on the basis of the CN code and the corresponding description taken jointly.

Quota
number

1

2

3

II. D

PREFERENTIAL IMPORT ARRANGEMENTS — SWITZERLAND

CN code

Description (2) (3) (4)

Country of origin

Import duty
(EUR/100 kg net weight without
further indication)

0402 29 11
ex 0404 90 83

Special milk,
hermetically-sealed
containers of a net content not exceeding 500 g, of a fat
content by weight exceeding 10 % but not exceeding 27 %

infants (1),

for

in

Switzerland

43,80

0406 20 10
0406 90 19

Glaris herb cheese (known as Schabziger) made from
skimmed milk and mixed with finely ground herbs

Switzerland

6 % of the customs value

Switzerland

19,32

ex 0406 90 18

Fromage Fribourgeois, Vacherin Mont d'Or and Tête de
Moine, of a minimum fat content of 45 % by weight in the
dry matter, matured for at least 18 days in the case of
Vacherin Mont d'Or, at least two months in the case of
Fromage Fribourgeois and at least three months in the case
of Fromage Fribourgeois and at least three months in the
case of Tête de Moine:
— Whole cheeses with rind, with a free-at-frontier value of
not less than EUR 401,85 but less than EUR 430,62
per 100 kg net weight,

— Pieces packed in vacuum or inert gas, with rind on at
least one side, of a net weight of at least 1 kg but less
than 5 kg and with a free-at-frontier value of not less
than EUR 430,62 but
than EUR 459,39 per
less
100 kg net weight

L 341/52

EN

Official Journal of the European Communities

22.12.2001

CN code

Description (2) (3) (4)

Country of origin

Import duty
(EUR/100 kg net weight without
further indication)

Quota
number

4

ex 0406 90 13
ex 0406 90 15
ex 0406 90 17 (6)
ex 0406 90 18

Emmental, Gruyère, Sbrinz and Appenzell, of a minimum
fat content of 45 % by weight in the dry matter, matured
for at least three months:
— Pieces with rind packed in vacuum or inert gas of a net
weight of not more than 450 g and with a free-at-fron-
tier value of not less than EUR 499,67 per 100 kg net
weight

Fromage Fribourgeois, Vacherin Mont d'Or and Tête de
Moine, of a minimum fat content of 45 % by weight in the
dry matter, matured for at least 18 days in the case of
Vacherin Mont d'Or, at least two months in the case of
Fromage Fribourgeois and at least three months in the case
of Tête de Moine:
— Whole cheeses with rind, with a free-at-frontier value of
not less than EUR 430,62 per 100 kg net weight,
— Pieces packed in vacuum or inert gas, with rind on at
least one side, of a net weight of at least 1 kg and with
a free-at-frontier value of not less than EUR 459,39 per
100 kg net weight,

— Pieces packed in vacuum or inert gas of a net weight of
not more than 450 g and with a free-at-frontier value
of not less than EUR 499.67 per 100 kg net weight

Processed cheese, not grated or powdered, in the manufac-
ture of which only Emmentaler, Gruyère and Appenzell
have been used and which may contain, as an addition,
Glarus herb cheese (known as Schabziger), put up for retail
sale (5) with a free-at-frontier value of not
than
EUR 289,14 per 100 kg net weight and of a fat content
not exceeding 56 % by weight int he dry matter

less

Switzerland

9,66

Switzerland

43,80

5

ex 0406 30 10

6

ex 0406 90 02 (6)

Emmentaler, Gruyère, Sbrinz and Appenzell:
— Whole cheeses with a free-at-frontier value per 100 kg
net weight of more than EUR 401,85 but not more
than EUR 430,62, of a fat content of 45 % or more by
weight in the dry matter and matured for three months
or more

Switzerland

17,54

7

ex 0406 90 03 (6)

Emmentaler, Gruyère, Sbrinz and Appenzell:
— Whole cheeses with a free-at-frontier value per 100 %
of more than EUR 430,62, of a fat content of 45 % or
more by weight in the dry matter and matured for three
months or more

Switzerland

6,58

8

ex 0406 90 04 (6)

Emmentaler, Gruyère, Sbrinz and Appenzell:
— Pieces packed in vacuum or inert gas, with rind on at
least one side, of a net weight of 1 kg or more but less
than 5 kg and with a free-at-frontier value of more
than EUR 430,62 but
than EUR 459,39 per
less
100 kg net weight, of a fat content of 45 % or more by
weight in the dry matter and matured for three months
or more

Switzerland

17,54

22.12.2001

EN

Official Journal of the European Communities

L 341/53

Quota
number

CN code

Description (2) (3) (4)

Country of origin

Import duty
(EUR/100 kg net weight without
further indication)

9

ex 0406 90 05 (6)

10

ex 0406 90 06 (6)

Emmentaler, Gruyère, Sbrinz and Appenzell:
— Pieces packed in vacuum or inert gas, with rind on at
least one side, of a net weight of 1 kg or more and
with a free-at-frontier value of more than EUR 459,39
per 100 kg net weight, of a fat content of 45 % or
more by weight in the dry matter and matured for three
months or more

free-at-frontier value of more

Emmentaler, Gruyère, Sbrinz and Appenzell:
— Pieces without rind, of a net weight of less than 450 g
and with a
than
EUR 499,67 per 100 kg net weight, of a fat content of
45 % or more by weight in the dry matter and matured
for three months or more, packed in vacuum or inert
gas, in packings bearing at least the description of the
cheese, the fat content, the packer responsible and the
country of manufacture

Switzerland

6,58

Switzerland

6,58

11

12

ex 0406 90 25

Tilsit, of a fat content not exceeding 48 % by weight in the
dry matter

Switzerland

81,76

ex 0406 90 25

Tilsit, of a fat content exceeding 48 % by weight in the dry
matter

Switzerland

110,96

(1) ‘Special mik for infants’ means products free from pathogenic germs and which have fewer than 10 000 revivifiable aerobic bacteria and fewer than two coliform bacteria

per gram.

(2) ‘Whole cheeses, with rind’ means whole cheeses of the following net weights:

— Emmentaler: not less than 60 kg but not more than 130 kg,
— Gruyère: not less than 20 kg but not more than 45 kg,
— Sbrinz: not less than 20 kg but not more than 50 kg,
— Appenzell: not less than 6 kg but not more than 8 kg,
— Fromage Fribourgeois: not less than 6 kg but not more than 10 kg,
— Tête de Moine: not less than 0,700 kg but not more than 4 kg,
— Vacherin Mont d'Or: not less than 0,400 kg but not more than 3 kg.

For the purposes of these provisions,
‘The rind of such cheeses is the outer layer formed from the cheese itself, having a distinctly more solid consistency and a distinctly darker colour’.

is defined as follows:

‘rind’

(3) ‘Free-at-frontier value’ means the free-at-frontier price or fob price in the country of export, plus an amount for delivery and insurance costs as far as the customs territory

of the Community.

(4) The concession applies to rectangular blocks or pieces packed in vacuum or inert gas provided that the packaging of such goods bears at least the following particulars:

— the name of the cheese,
— the fat content by weight in the dry matter,
— the packer responsible,
— the country of origin of the cheese.

(5) ‘Put up for retail sale’ means cheese put up in immediate packings of a net weight not exceeding 1 kg containing portions or slices of an individual net weight not

exceeding 100 g.
(6) Excluding Bergkäse.

L 341/54

EN

Official Journal of the European Communities

22.12.2001

ANNEX ΙII

IΙI. A

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

Quota
number

CN code

Description

Country of origin

Annual quota
from 1 January
to 31 December
(in tonnes)

Import duty
(EUR/100 kg
net weight)

Rules for completing
IMA 1 certificates

New Zealand

76 667

86,88

See Annex IV

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
in a single, self-contained and
materials,
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 where the
butterfat is concentrated and/or fractionated
(the processes referred to as ‘Ammix’ and
‘Spreadable’)

09.4515

0406 90 01 Cheese for processing (1)

New Zealand

4 000

17,06

09.4522

0406 90 01 Cheese for processing (1)

Australia

500

17,06

See Annex XI(C)
and (D)

See Annex XI(C)
and (D)

New Zealand

7 000

17,06

See Annex XI(B)

Australia

3 250

17,06

See Annex XI(B)

Canada

4 000

13,75

See Annex XI(A)

09.4514

09.4521

ex 0406 90 21 Whole Cheddar cheeses (of the conventional
flat 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 parallelepi-
pedshape, 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

ex 0406 90 21 Whole Cheddar cheeses (of the conventional
flat 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 parallele-
piped 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

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 value (2) per
100 kg net, of not less than:
— EUR 334,20 for 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

of less than 500 g

22.12.2001

EN

Official Journal of the European Communities

L 341/55

Quota
number

CN code

Description

Country of origin

Annual quota
from 1 January
to 31 December
(in tonnes)

Import duty
(EUR/100 kg
net weight)

Rules for completing
IMA 1 certificates

The expression ‘whole cheeses’ means:
— cheeses of the conventional flat cylin-
drical shape of a net weight of not less
than 33 kg but not more than 44 kg.
— cubic blocks or parallelepipeds of cheese
of a net weight of not less than 10 kg.

(1) Utilisation for this particular purpose will be monitored by applying the Community provisions laid down on the subject. The cheeses concerned are considered as
processed when they have been processed into products falling within subheading 0406 30 of the combined nomenclature. Articles 291 to 300 of Regulation (EEC) No
2454/93 apply.

(2) Free-at-frontier value' means the free-at-frontier price or fob price in the country of export, plus an mount for delivery and insurance costs as far as the customs territory of

the Community.

IΙI. B

TARIFF QUOTAS FIXED IN ACCORDANCE WITH DECISION 95/582/EC UNDER THE AGREEMENT WITH NORWAY

Quota
number

CN code

Description (1)

Country of origin

Annual quota from1January to
31 December
(tonnes)

2001 2002 2003

2004 and
following

Import duty
(EUR/100 kg net
weight)

Rules for
completing
IMA 1 certificates

Norway

2 351 2 266 2 265 2 351

66,41

See Annex
XI,(G)

09.4597

ex 0406 90 39

ex 0406 90 86
ex 0406 90 87
ex 0406 90 88

Jarlsberg of a minimum fat content
of 45 % by weight in the dry matter,
and of a minimum dry matter
content of 56 % by weight, matured
for at least three months:
— Whole cheeses with rind, from 8

to 12 kg

— Rectangular blocks of

a net

weight not exceeding 7 kg (2)
— Pieces packed in vacuum or inert
gas, of a net weight of not less
than 150 g but not exceeding
1 kg (2)

Ridder, of a minimum fat content of
60 % by weigh in the dry matter,
matured for at least four weeks:
— Whole cheeses with rind, from 1

to 2 kg

— Pieces packed in vacuum or inert
gas, with rind on at least one
side, of a net weight of not less
than 150 g (2)

L 341/56

EN

Official Journal of the European Communities

22.12.2001

Quota
number

CN code

Description (1)

Country of origin

Annual quota from1January to
31 December
(tonnes)

2001 2002 2003

2004 and
following

Import duty
(EUR/100 kg net
weight)

Rules for
completing
IMA 1 certificates

09.4665

ex 0406 10 20
ex 0406 10 80

Whey cheese

357

352

357

357

7,5

See Annex
XI(H)

09.4666

0406 30

Processed cheese, not grated or
powdered

— — —

8

43,8

(1) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than
an indicative value, the preferential scheme being determined, for the purposes of this Annex, by the covereage of the CN code. Where ex CN codes are referred to the
applicability of the preferential arrangements is determined on the basis of the CN code and the corresponding description taken jointly.

(2) The concession applies to rectangular blocks or pieces packed in vacuum or inert gas provided that the packaging of such goods bears at least the following particulars:

— the name of the cheese,
— the fat content by weight in the dry matter,
— the packer responsible,
— the country of origin of the cheese.

IΙI. C

PREFERENTIAL IMPORT ARRANGEMENTS — OTHER

Quota
number

CN code

Description

Country of origin

Import duty
(EUR/100 kg net
weight without
further indication)

Rules for completing
IMA 1 certificates

1

ex 0406 90 29

Kashkaval, made exclusively from sheep's milk,
matured for at least two months, of a minimum fat
content of 45 % by weight in the dry matter and a
minimum dry matter content, by weight, of 58 %,
in whole cheeses not exceeding 10 kg, whether
wrapped in plastic or not

Cyprus

67,19

See Annex XI(E)

2

3

ex 0406 90 31
ex 0406 90 50

Cheese made exclusively from sheep's milk or
buffalo milk, in containers containing brine, or in
sheep or goatskin bottles

Cyprus

67,19

See Annex XI(F)

Halloumi

Cyprus

27,63

See Annex XI(F)

ex 0406 90 50
ex 0406 90 86
ex 0406 90 87
ex 0406 90 88

22.12.2001

EN

Official Journal of the European Communities

L 341/57

ANNEX IV

L 341/58

EN

Official Journal of the European Communities

22.12.2001

22.12.2001

EN

Official Journal of the European Communities

L 341/59

L 341/60

EN

Official Journal of the European Communities

22.12.2001

22.12.2001

EN

Official Journal of the European Communities

L 341/61

ANNEX V

L 341/62

EN

Official Journal of the European Communities

22.12.2001

ANNEX VI

22.12.2001

EN

Official Journal of the European Communities

L 341/63

ANNEX VII

L 341/64

EN

Official Journal of the European Communities

22.12.2001

ANNEX VIII

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

1. Cancellation of the IMA 1 certificate when full duty is due and paid for non-compliance with compositional

requirements.

Where full duty is paid on a lot because the maximum fat content requirement is not complied with, the corre-
sponding IMA 1 certificate may be cancelled and the IMA 1 issuing body may add the quantities concerned to those
for which IMA 1 certificates may be issued for the same quota year. The customs authorities shall retain the
corresponding import licence and send it to the import-license issuing authority, which shall amend it to convert it
into a full-duty import licence for the quantity concerned in accordance with Article 36.

2. Produce destroyed or rendered unfit for sale.

IMA 1 issuing bodies may cancel an IMA 1 certificate 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 certificate is destroyed or rendered unfit for sale, a replacement certificate may be issued for the remaining
quantity. In the case of New Zealand butter referred to in Annex III(A) under quota number 09.4589, 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 certificate shall contain the words ‘valid up to
00.00.0000’.

Where all or part of the quantity covered by an IMA 1 certificate is destroyed or rendered unfit for sale due to
circumstances beyond the exporters' control, the IMA 1 issuing body may add these quantities to those for 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 certificate before a
corresponding import licence is issued, the original IMA 1 certificate may be amended by the IMA 1 issuing body.
Such an amended original IMA 1 certificate, duly authenticated and appropriately identified by the issuing body, 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 certificate may be corrected by the issuing body. Such a corrected original IMA 1 certificate may be
presented to the licensing authority and to the customs authorities.

5. When, in exceptional circumstances beyond the control of the exporter, a product intended for import in a given year
becomes unavailable and the only means of filling the quota, in the light of normal shipping time from the country of
origin, is to replace it with a product originally intended for import the following year, the issuing body may issue a
new IMA 1 certificate for the replacement quantity, 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 concerned and of the
first IMA 1 certificate or part thereof issued for the following year to be cancelled.

If the Commission considers that this provision does not apply to the circumstances of the case concerned, it may
object within five working days, stating the reason for its 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 additional IMA 1 certificates,

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 concerned shall be
added to the quantities for which IMA 1 certificates may be issued for that quota year.

All quantities brought forward from the following quota year for 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.

22.12.2001

EN

Official Journal of the European Communities

L 341/65

ANNEX IX

L 341/66

EN

Official Journal of the European Communities

22.12.2001

ANNEX X

22.12.2001

EN

Official Journal of the European Communities

L 341/67

ANNEX XI

RULES FOR COMPLETING CERTIFICATES

In addition to boxes 1, 2, 4, 5, 9, 17 and 18 of the IMA 1 certificate, the following must be completed:

A. As regards Cheddar cheeses listed under quota number 09.4513 in Annex IIIA and falling within 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. box 15 and 16, by specifying the period for which the quota is valid.

B. As regards Cheddar cheeses listed under quota numbers 09.4514 and 09.4521 in Annex III(A) and falling within 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 cheeses intended for processing listed under quota numbers 09.4515 and 09.4522 in Annex III(A)

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 cheeses other than Cheddar cheese intended for processing listed under quota numbers 09.4515 and

09.4522 in Annex III(A) and covered by CN code ex 0406 90 01:

1. box 10, by specifying ‘exclusively home-produced cows' milk’;

2. box 16, by specifying the period for which the quota is valid.

E. As regards Kashkaval cheeses listed under serial number 1 in Annex III(C) and falling within 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 by weight of 58 %, in whole cheeses not exceeding 10 kg net, whether or not wrapped in
plastic’;

2. box 10, by specifying ‘exclusively home-produced sheep's milk’;

3. box 11.

F. 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 serial numbers 2 and 3 in Annex III(C) 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, which 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 ‘exclusively home-produced

buffalo milk’ or,

in the case of ‘Halloumi’ cheese,

‘home-produced milk’;

3. box 11 and 12.

L 341/68

EN

Official Journal of the European Communities

22.12.2001

G. As regards Jarlsberg and Ridder cheeses listed under quota number 09.4597 in Annex III(B) 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 not less than 8 but not more than 12 kg,
— 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’.

H. As regards whey cheese listed under quota number 09.4665 in Annex III(B) and covered by CN codes ex 0406 10 20

and ex 0406 10 80:

1. box 7, by specifying ‘whey cheese’.

22.12.2001

EN

Official Journal of the European Communities

L 341/69

ANNEX XII

ISSUING BODIES

Third country

CN code and product description

Issuing body

Name

Location

Australia

0406 90 01
0406 90 21

Cheddar
processing

and

other

cheese

for

Australian Quarantine
Service

Inspection

Cheddar

Department of Agriculture, Fisheries
and Forestry

Canada

0406 90 21

Cheddar

Canadian Dairy Commission
Commission canadienne du lait

Cyprus

Norway

ex 0406 90 29
0406 90 31
ex 0406 90 50
ex 0406 90 86
ex 0406 90 87
ex 0406 90 88

ex 0406 10 20
ex 0406 10 80
0406 30
ex 0406 90 39
ex 0406 90 86
ex 0406 90 87
ex 0406 90 88

Kashkaval
Cheese of sheep's milk or buffalo
milk
Halloumi

Minister of Trade,
Tourism

Industry

and

Whey cheese

Norwegian Agricultural Authority

Processed cheese
Jarlsberg - Ridder

New Zealand

ex 0405 10 11
ex 0405 10 19
ex 0405 10 30
ex 0406 90 01
ex 0406 90 21

Butter
Butter
Butter
Cheese for processing
Cheddar

MAF Food Assurance Authority
Ministry of Agriculture and Forestry

PO Box 60 World Trade
Centre
Melbourne VIC 3005
Australia
Tel.: (61 3) 92 46 67 10
Fax: (61 3) 92 46 68 00

Ottawa
1525 Carling Avenue
Suite 300
Tel.: (1 613) 998 44 92
Fax: (1 613) 988 44 92

1421 Nicosia
Cyprus
Tel.: (02) 86 71 00
Fax: (02) 37 51 20

Postboks 8140 Dep,
NO — 0033 Oslo
Norway
Tel.: (47 24) 13 10 00
Fax: (47 24) 13 10 05
e-mail: postmottak@slf.dep.no
imal@slf.dep.no

ASB Bank House
101-103 The Terrace
PO Box 2526
Wellington
New Zealand
Tel.: (64-4) 471 41 00
Fax: (64-4) 471 42 40