Commission Regulation (EC) No 1165/2002 of 28 June 2002 amending 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
Date: 2002-06-28
Institutions: European Commission
Subjects: Switzerland, import licence, intra-EU trade, milk product, quantitative restriction, tariff quota

29.6.2002

EN

Official Journal of the European Communities

L 170/49

COMMISSION REGULATION (EC) No 1165/2002

of 28 June 2002

amending 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Commu-
nity,

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 29(1) there-
of,

viously one country. It should therefore be specified that
the quotas concerned must be considered as separate
quotas.

(3)

(4)

Regulation (EC) No 2535/2001 should therefore be
amended.

The measures provided for in this Regulation are in ac-
cordance with the opinion of the Management Commit-
tee for Milk and Milk Products,

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

Article 4(2) of Commission Regulation (EC) No 2535/
2001 (3), as last amended by Regulation (EC) No 886/
2002 (4), stipulates that certain CN codes are to apply
only to imported products originating in and coming
from Switzerland. Classification in CN codes 0406 90 02
to 0406 90 06 requires compliance with a minimum
free-at-frontier value if imports into the Community are
to qualify for a preferential duty rate. Since from 1 June
2002, the date of entry into force of the bilateral agree-
ment between the European Community and the 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 (5), eligibility for the preferential duty
rate is no longer subject to compliance with a minimum
free-at-frontier value, and since the cheeses covered by
those
are now imported under CN codes
0406 90 13 to 0406 90 17, as listed in Annex II(D) to
Regulation (EC) No 2535/2001, CN codes 0406 90 02
to 0406 90 06 are no longer required. In order to avoid
confusing importers and customs authorities, and pend-
ing the deletion of those codes from the Combined No-
menclature, the said Article should be adjusted and tran-
sitional rules adopted for licences issued before the date
of entry into force of the agreement with Switzerland.

codes

(2)

Article 12 of Regulation (EC) No 2535/2001 stipulates
that importers may lodge only one licence application
each for the same quota in the integrated tariff of the
European Communities (TARIC). The quota numbers
listed in Annexes I(B)(2) and I(B)(3) to that Regulation
for products originating in the Czech Republic and Slo-
vakia are identical, since those two countries were pre-

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 79, 22.3.2002, p. 15.
(3) OJ L 341, 22.12.2001, p. 29.
(4) OJ L 139, 29.5.2002, p. 30.
(5) OJ L 114, 30.4.2002, p. 1.

Article 1

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

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

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

2. The following paragraph is added to Article 4:

‘3.
CN codes 0406 90 02 to 0406 90 06 shall not apply
under this Regulation. For imports carried out after 1 June
2002 under licences issued before that date, products falling
within those codes shall be classified under CN codes
0406 90 13 to 0406 90 17 and the rates set out in Annex
II(D) shall apply.’

3. The following sentence is added to the first subparagraph of

Article 12:

‘However, the quotas in Annexes I(B)(2) and I(B)(3) bearing
the same quota number shall be considered as separate quo-
tas.’

Article 2

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

It shall apply from 1 July 2002.

However, point 2 of Article 1 shall apply from 1 June 2002.

L 170/50

EN

Official Journal of the European Communities

29.6.2002

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

Done at Brussels, 28 June 2002.

For the Commission

Franz FISCHLER

Member of the Commission