Commission Regulation (EC) No 886/2002 of 27 May 2002 derogating from Regulation (EC) No 2535/2001 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, and amending that Regulation
Date: 2002-05-27
Institutions: European Commission
Subjects: extra-EU trade, import licence, intra-EU trade, milk, quantitative restriction, tariff quota

L 139/30

EN

Official Journal of the European Communities

29.5.2002

COMMISSION REGULATION (EC) No 886/2002

of 27 May 2002

derogating from Regulation (EC) No 2535/2001 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, and amending that Regulation

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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 Commission Regula-
tion (EC) No 509/2002 (2), and in particular Article 26(3),
Article 29(1) and Article 40 thereof,

Whereas:

(1)

(2)

(3)

(4)

the

and

The bilateral agreement concluded between the Euro-
pean Community
Swiss Confederation
concerning trade in agricultural products, signed in
Luxembourg on 21 June 1999 and approved by
Decision 2002/309/EC, Euratom of the Council and of
the Commission (3)
(hereinafter called the ‘Agreement
with Switzerland’), concerns in particular the opening of
quotas and reductions in customs duties on certain milk
products originating in Switzerland. Commission Regu-
should therefore be
lation (EC) No 2535/2001 (4)
amended.

The Agreement with Switzerland enters into force on 1
June 2002. Regulation (EC) No 2535/2001 provides for
the management of tariff quotas on the basis of six-
month periods commencing on 1 January and 1 July
each year. In the interests of coordination and in compli-
ance with the annual quantities provided for in the
Agreement with Switzerland, the quotas provided for in
that Agreement should be managed on the basis of the
same intervals.

Under Article 23 of Regulation (EC) No 2535/2001, in
order to qualify for reduced customs duty on imports of
certain cheeses from Switzerland, a minimum free-at-
frontier value must be observed and a penalty is
provided for in the event of failure to comply. Since the
Agreement with Switzerland no longer provides for
compliance with a minimum free-at-frontier value, that
Article should be deleted.

In order to enable importers who are intending to
participate in the allocation of quotas opened under the
Agreement with Switzerland to comply with the
approval arrangements laid down in Article 7 of Regula-
tion (EC) No 2535/2001, the deadline for the submis-
sion of requests for approval should be extended.

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 79, 22.3.2002, p. 15.
(3) OJ L 114, 30.4.2002, p. 1.
(4) OJ L 341, 22.12.2001, p. 29.

The Euro-Mediterranean Agreement
establishing an
Association between the European Communities and
their Member States, of the one part, and the Hashemite
Kingdom of Jordan, of the other part, signed in Brussels
on 24 November 1997 and approved by Decision 2002/
357/EC, CECA of the Council and of the Commission (5)
(hereinafter called the ‘Agreement with Jordan’) concerns
in particular tariff concessions for certain types of cheese
originating in Jordan. This quota should be managed in
accordance with the rules laid down in Title 2, Chapter I,
of Regulation (EC) No 2535/2001 by including the
necessary provisions.

Article 13(2) of Regulation (EC) No 2535/2001 provides
for the fixing of the maximum quantities for which
importers may lodge licence applications. Under Article
16(2), where the quantity allocated in the first period is
less than the quantity available, the Commission will
determine the quantity which will be added to that
available for the second period of the quota year. It
should be made clear that in that case the quantities
referred to in Article 13 will be adjusted accordingly.

Article 10 of Regulation (EC) No 2535/2001 provides
that the competent authorities of the Member States will
send the Commission their lists of approved importers.
In order to enable each applicant to be identified more
easily, the data to be forwarded for each importer should
be specified.

In a spirit of cooperation with the candidate countries
and in order to facilitate maximum use of the quotas
and tariff concessions granted to those countries,
it
should be made possible also, at the request of the
country concerned, to forward the lists of approved
importers, in compliance with Regulation (EC) No 45/
2001 of the European Parliament and of the Council of
18 December 2000 on the protection of individuals
with regard to the processing of personal data by the
Community institutions and bodies and on the free
movement of such data (6).

Article 18 of Regulation (EC) No 2535/2001 requires
licence applicants to specify the products which are to
be imported, indicating on the licence application and
the licence the exact fat content and dry matter content.
Tariff quotas managed in accordance with Title 2,
Chapter I, are frequently the subject of import licence
applications which far exceed the available quotas and
result therefore in the application of minimum alloca-
allocation to individual
tion coefficients

and the

(6)

(7)

(8)

(9)

(5) OJ L 129, 15.5.2002, p. 1.
(6) OJ L 8, 12.1.2001, p. 1.

29.5.2002

EN

Official Journal of the European Communities

L 139/31

applicants of quantities representing a fraction only of
those applied for. For that reason, when applications are
lodged, these importers are unable to conclude contracts
and consequently the exact composition of the products
they are intending to import under the codes shown in
the licence application is not available to them. Given
that the exact composition of the product is available to
importers when the import declaration is made, the
provisions concerned should be replaced therefore by a
requirement that the importer indicate the content of
declaration when
on
the
completing the customs formalities.

products

import

the

(10)

In order to monitor the trend of the contents of certain
of these products, provision should be made also for this
information to be forwarded to the Commission.
However, in order not to further encumber the national
administrations,
the competent authorities should be
requested to forward only data concerning contents that
exceed representative reference values. To that end, these
values should be established on the basis of the contents
defined in Annex I to Council Regulation (EEC) No
2658/87 of 23 July 1987 on the tariff and statistical
nomenclature and on the Common Customs Tariff (1), as
last amended by Commission Regulation (EC) No 796/
2002 (2), and the contents defined in Sector 9 of Annex
I to Commission Regulation (EEC) No 3846/87 of 17
December 1987 establishing an agricultural products
nomenclature for export refunds (3), as last amended by
Regulation (EEC) No 749/2002 (4).

(11)

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

2. The second paragraph of Article 6 is replaced by the

following:

‘The quantities set out in Annex I, Parts B, D and F, 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.’

3. Article 10 is replaced by the following:

‘Article 10

Before 20 June each year, the Member States shall
1.
in accordance
send their lists of approved importers,
with paragraph 3 below,
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
in accordance with Articles 11 to 14.
June following,

2.
The Commission may, at the request of the coun-
tries applying for membership for which an import
quota is opened, forward a list of approved importers
on condition that it obtains the consent to the proposed
forwarding of the importers appearing on the list. The
Member States shall take the necessary steps to seek the
consent of the importers.

shall

forward their

The Member States

3.
lists of
approved importers in accordance with the model at
that Annex the
Annex XIV,
showing in Part A of
in
approved importers who have given their consent
that
accordance with paragraph 2, and in Part B of
Annex the other approved importers.’

HAS ADOPTED THIS REGULATION:

4. Article 13(2) is replaced by the following:

Article 1

Regulation (EC) No 2535/2001 is hereby amended as follows:

1. The following points are added to Article 5:

‘(f) the quotas provided for in Annex 2 and Appendix 1 of
Annex 3 to the Agreement on trade in agricultural
products concluded between the European Community
and Switzerland on 21 June 1999 (*);

(g) the quota provided for in the Annex to Protocol 1 to

the Agreement with Jordan (**).

(*) OJ L 114, 30.4.2002, p. 132.
(**) OJ L 129, 15.5.2002, p. 3.’

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 128, 15.5.2002, p. 8.
(3) OJ L 366, 24.12.1987, p. 1.
(4) OJ L 115, 1.5.2002, p. 20.

Licence applications

‘2.
least 10
tonnes and to no more than 10 % of the quantity fixed
for the quota for the six-month period referred to in
Article 6.

relate to at

shall

However, in the case of the quotas referred to in Article
5(c), (d), (e) and (g), 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.

3.
The quantity for which licence applications may be
lodged referred to in paragraph 2 shall be increased by
the quantity arising from the application of the second
subparagraph of Article 16(2).’

5. Article 18(1)(b) is replaced by the following:

‘(b) in box 15, the description of the product given in
Annex I or, failing that, the Combined Nomencla-
ture description for the CN code indicated for the
quota concerned;’.

L 139/32

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Official Journal of the European Communities

29.5.2002

6. Article 19 is amended as follows:

8. Article 23 is deleted.

(a) the following points (f) and (g) are added to para-

graph 1:

‘(f) Protocol 3 to the Agreement between the Euro-
Swiss

pean Economic Community
Confederation of 22 July 1972 (*);

and

the

9. Annex I to this Regulation is added as Annex I, Parts F

and G.

10. Annex II, Part D, is replaced by Annex II to this Regula-

tion.

(g) Protocol 3 to the Agreement with Jordan.

11. Annex III to this Regulation is added as Annex XIV.

(*) OJ L 300, 31.12.1972, p. 189.’;

(b) the following paragraph 3 is added:

the

customs

‘3. When completing
formalities,
importers shall be required to indicate, for imports
of cheese as referred to in Annex XIII and covered
by the quotas referred to in Article 5, in box 31 of
the import declaration,
the dry matter content by
weight (%), the fat content by weight (%) in the dry
matter and, where appropriate,
the fat content by
weight (%). Where the contents shown exceed those
given in Annex XIII, the competent authorities shall
notify the Commission thereof at the earliest oppor-
the import
tunity by forwarding to it a copy of
declaration and a copy of
import
licence.’

relevant

the

7. Article 20(1)(d) is replaced by the following:

12. Annex IV to this Regulation is added as Annex XIII.

Article 2

Notwithstanding Article 8(1) of Regulation (EC) No 2535/
2001, requests for approval relating to quotas which will be
opened on 1 July 2002 may be submitted up to 10 June
2002.

Article 3

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

‘(d) the Agreement concerning trade in agricultural prod-
ucts concluded between the European Community
and Switzerland, Annex 2 and Appendix 1 of
Annex 3.’

However, Article 1, points 1, 2, 6(a) and 7 to 10 shall apply
from 1 June 2002 excluding the provisions concerning the
Agreement with Jordan. Points 4, 5, 6(b) and 12 shall apply
from 1 July 2002.

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

Done at Brussels, 27 May 2002.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX I

‘I. F

TARIFF QUOTAS UNDER ANNEXES II AND III TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND SWITZERLAND ON TRADE IN AGRICULTURAL PRODUCTS

Quota
number

CN code

Description

09.4155

ex 0401 30

Cream, of a fat content by weight exceeding 6 %

ex 0403 10

Yoghurt, not flavoured, not containing added fruit or cocoa

Customs
duty

exemption

2002
from 1 July 2002 to
30 June 2003

2 167
(2 000 + 167)

Quantity
(tonnes)

FIXED QUOTA

2003 et seq.
from 1 July to 30 June

2 000

PROGRESSIVE QUOTA

09.4156

ex 0406

Cheeses other than those referred to in Annex II. D

exemption

2002

2003

2004

2005

2006
from 1 July
to 31 May

from 1.6.2007

3 354
(3 000 + 354)

4 250

5 500

6 750

7 646
(8 000 – 354)

unlimited

TARIFF QUOTA UNDER THE ANNEX TO PROTOCOL 1 TO THE ASSOCIATION AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND JORDAN

I. G

Quota
number

CN code

Description

Customs duty

2002
from 1 July to 31 December

09.4159

ex 0406 90 33

ex 0406 90 50

Sheep's milk cheese

exemption

100

Quantity
(tonnes)

2003 et seq.
from 1 January to 31 December

annual

100

half-yearly

50'

.

.

2
9
5
2
0
0
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
C
o
m
m
u
n
i
t
i
e
s

L

1
3
9
/
3
3

L 139/34

EN

Official Journal of the European Communities

29.5.2002

ANNEX II

‘II. D

REDUCED DUTY UNDER ANNEX III TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND SWITZERLAND ON TRADE IN
AGRICULTURAL PRODUCTS

CN code

Description

0402 29 11
ex 0404 90 83

Special milk, for infants (1), in hermetically sealed containers of
a net content not exceeding 500 g, of a fat content by weight
exceeding 10 %

ex 0406 20

Grated or powdered cheese of a water content not exceeding
400 g/kg of cheese

0406 30

Processed cheese

Customs duty
(EUR/100 kg net weight) from 1 June

2002

2003

2004

2005

2006

2007 et
seq.

43,80

43,80

43,80

43,80

43,80

43,80

exemption

exemption

ex 0406 90 13

Emmentaler of a fat content by weight of 45 % or more in the
dry matter and matured for three months or more

6,58

5,26

3,95

2,63

1,32

ex 0406 90 15 Gruyère, Sbrinz, of a fat content by weight of 45 % or more in

6,58

5,26

3,95

2,63

1,32

the dry matter and matured for three months or more

ex 0406 90 17

Bergkäse (2), Appenzell, of a fat content by weight of 45 % or
more in the dry matter and matured for three months or more

6,58

5,26

3,95

2,63

1,32

0

0

0

ex 0406 90 18

Fromage fribourgeois (3), Vacherin Mont d'Or, Tête de Moine, of
a fat content by weight of 45 % or more in the dry matter and
matured:
— for a least two months in the case of fromage fribourgeois,
— for a least 18 days in the case of Vacherin Mont d'Or,
— for a least three months in the case of Tête de Moine

0406 90 19 Glaris herb cheese (known as Schabziger) made from skimmed

milk and mixed with finely ground herbs

ex 0406 90 87 Grisons cheese

0406 90 25

Tilsit

exemption

exemption

exemption

exemption

(1) “Special milk 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) Bergkäse includes the following names: Gaiser Bergkäse, Berner Bergkäse, Gstaader Bergkäse, Luzerner Bergkäse, Nidwaldner Bergkäse, Obwaldner Bergkäse, Schwyzer

Bergkäse, St. Galler Bergkäse, Untervazer Bergkäse, Urner Bergkäse, Walliser Bergkäse, Zürcher Bergkäse, Glarner Bergkäse, Etivaz cheese.

(3) Synonym: Vacherin fribourgeois.’

29.5.2002

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Official Journal of the European Communities

L 139/35

I
I
I

X
E
N
N
A

I

V
X

X
E
N
N
A

‘

L 139/36

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Official Journal of the European Communities

29.5.2002

ANNEX IV

‘ANNEX XIII

CN code

Description (1)

Dry matter content
by weight (%)

Fat content by weight
(%) in the dry matter

Fat content by weight
(%)

0406 10 20

Fresh cheese

0406 30

Processed cheese

0406 90 01

Cheese for processing

0406 90 13

Emmental

0406 90 21

Cheddar

0406 90 23

Edam

0406 90 69

Hard cheeses

0406 90 78

Gouda

0406 90 81

Cantal, Cheshire, Wensleydale, etc.

0406 90 86

Other cheeses

0406 90 87

Other cheeses

0406 90 99

Other cheeses

47

63

62

63

55

64

57

58

62

63

71

56

50

47

50

42

32

50

47

41

62

42

(1) Despite the rules for the interpretation of the Combined Nomenclature, the description of the products is to be regarded as being for guidance only.’