Commission Regulation (EC) No 50/2004 of 9 January 2004 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, and derogating from that Regulation
Date: 2004-01-09
Institutions: European Commission
Subjects: customs duties, import, milk, tariff quota

13.1.2004

EN

Official Journal of the European Union

L 7/9

COMMISSION REGULATION (EC) No 50/2004

of 9 January 2004

amending Regulation (EC) No 2535/2001 laying down detailed rules for applying Council Regu-
lation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and
opening tariff quotas, and derogating from that Regulation

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Communities and their Member States, acting within the
framework of the European Union, of the one part, and
the Republic of Slovenia, of
to take
account of the outcome of negotiations between the
concessions (3),
parties on new mutual agricultural
certain existing quotas should be increased.

the other part,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), and in particular Articles 26(3) and 29(1)
thereof,

(4)

Whereas:

(1)

(2)

(3)

Chapter III of Commission Regulation (EC) No 2535/
2001 (2) mainly concerns an annual quota for butter,
which is not shared out over the year. To allow imports
under this quota to be spread evenly throughout the
quota year, with a view to ensuring an appropriate
supply of the internal market, the quota in question
should be allocated in two six-month tranches, taking
account of
the product
the historic development of
concerned within the quota period.

Chapter I of Regulation (EC) No 2535/2001 concerns
quotas allocated on the basis of two six-month periods
in January and July each year. In view of the accession
of 10 new Member States on 1 May 2004, operators in
these countries should be given the opportunity to parti-
cipate in Community quotas from that date. To this end,
the quantities opened in January 2004 should be limited
to the quantities equivalent to the period from January
to April 2004. However, this allocation should not apply
to quotas for the calendar year, where those quotas are
characterised by under-utilisation during the previous
periods.

Regulation (EC) No 2535/2001 includes detailed rules
for applying, in the milk and milk products sector, the
import arrangements provided for in the Europe Agree-
ments between the Community and its Member States,
of the one part, and certain countries of central and
eastern Europe, of the other part. In order to implement
the concessions provided for in Council Decision 2003/
452/EC of 26 May 2003 on the conclusion of a Protocol
adjusting the trade aspects of the Europe Agreement
establishing an association between the European

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-

lation (EC) No 1787/2003 (O J L 270, 21.10.2003, p. 121).

(2) OJ L 341, 22.12.2001, p. 29. Regulation as last amended by Regu-

lation (EC) No 2012/2003 (O J L 297, 15.11.2003, p. 19).

In order to keep the Commission informed of changes
in the composition of the cheese imported under the
different quotas, under Article 19 of Regulation (EC) No
2535/2001 operators must indicate certain contents on
import declarations. Where the contents shown exceed
those given in Annex XIII, the competent authorities are
to notify the Commission thereof. The notifications
received by the Commission since imposing this obliga-
tion demonstrate a degree of stability in the composition
of the cheese imported, as regards the type and origin of
the cheese. The notifications generate a heavy workload
for
the customs services and the Commission, and
produce a substantial volume of documents, while the
overruns on the base contents are negligible in most
cases. Notifications should therefore be limited to cases
where the contents are abnormally high, by adapting the
contents in Annex XIII. Moreover, for certain categories
of cheese, the advantage of obtaining notifications of
overruns of the contents in Annex XIII has proved negli-
gible, as any variation in the contents concerned remains
within the intervals fixed in the description of those
products in the Combined Nomenclature. Notifications
for the products in question should therefore be abol-
ished.

(5)

New Zealand has sent
the Commission information
relating to the new issuing body. Annex XII to Regu-
lation (EC) No 2535/2001 should therefore be updated.

(6)

In view of the accession of the new Member States on 1
May 2004, the period of validity of licences used for
imports originating in the new Member States should be
limited to 30 April 2004. A derogation should therefore
be made from Article 16(3) of Regulation (EC) No 2535/
2001.

(3) OJ L 152, 22.6.2003, p. 22.

L 7/10

EN

Official Journal of the European Union

13.1.2004

(7)

(8)

(9)

The allocation of the quota for butter falling within
Chapter III of Regulation (EC) No 2535/2001 in six-
month tranches affects the rhythm of issue of IMA 1
certificates by the issuing body of the third country
concerned. To enable the competent authorities of these
countries and interested operators to take note of this
amendment before it enters into force, and in compli-
ance with the Community's international commitments,
an adequate deadline should be laid down between
publication and the date on which the allocation of the
above quota takes effect. Moreover, since issuing bodies
in third countries have been able to issue IMA 1 certifi-
cates for 2004 since 1 November 2003, the issue of
import licences for all IMA 1 certificates issued up to the
day before the day on which the allocation of the quota
takes effect should be authorised.

3. Annex I is amended as follows:

(a) Part I.A is replaced by the text in Annex I to this Regu-

lation.

(b) In Part I.B, points 5, 6 and 10 are replaced by the text

in Annex II to this Regulation.

(c) Parts I.F and I.H are replaced by the text in Annex III to

this Regulation;

4.

relating to quota number
in Annex III.A,
09.4589 are replaced by the text in Annex IV to this Regu-
lation;

the details

5.

in Annex XII, the details relating to the issuing body for
New Zealand are replaced by the following:

‘Name

Location

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

New Zealand Food Safety
Authority

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

South Tower
68-86 Jervois Quay
PO Box 2835
Wellington
New Zealand
Telephone: (64-4) 463 2500
Fax: (64-4) 463 2501’

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 24(2) is replaced by the following:

‘2.
Annex III to this Regulation sets out the duties to be
applied and, in the case of imports as referred to in para-
the maximum quantities to be imported by
graph 1(a),
quota period.’;

2. the following subparagraph is added to Article 26(2):

‘However, for quota number 09.4589, IMA 1 certificates
may be issued:

(a) from 1 November each year, valid from the following 1
for quantities not exceeding the maximum
January,
that year, as
quantity for the first quota period of
referred to in Annex III.A. However,
licence
applications may be lodged only from the first working
day of January;

import

(b) from 1 May each year, valid from the following 1 July,
for the remaining quantities of the annual quantity of
the quota, as referred to in Annex III.A. However,
import licence applications may be lodged only from
the first working day of July.’;

6. Annex XIII is replaced by the text in Annex V to this Regu-

lation.

Article 2

By derogation from Article 16(3) of Regulation (EC) No 2535/
2001, the period of validity of licences shall expire on 30 April
2004 for:

(a) imports under the quotas referred to points 1 to 4 and 7 to

10 of Annex I.B;

(b) imports originating in the new Member States under the

quotas referred to in Annex I.A.

Article 3

By derogation from Articles 24(2) and 26(2), for 2004, for
quota number 09.4589,
import licences may be issued on
presentation of IMA 1 certificates issued up to the day before
the day on which the provisions referred to in points 1 and 2
of Article 1 enter into application.

Article 4

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

Points 1, 2 and 4 of Article 1, and Article 3, shall apply from
the 21st day following the day of publication of this Regulation
in the Official Journal of the European Union.

Points 3, 5 and 6 of Article 1, and Article 2, shall apply from 1
January 2004.

13.1.2004

EN

Official Journal of the European Union

L 7/11

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

Done at Brussels, 9 January 2004.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX I

‘I.A

TARIFF QUOTAS NOT SPECIFIED BY COUNTRY OF ORIGIN

Quota number

CN code

Description (1)

Country of origin

Annual quota

Quota from 1
January to 30 April
2004

Quota from 1 May to
30 June 2004

Import duty
(EUR/100 kg net
weight)

09.4590

0402 10 19

Skimmed-milk powder

All third countries

68 000

22 667

11 333

Butter and other fats and oils derived from
milk

All third countries

10 000

3 333

1 667

in butter equivalent

47,50

94,80

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

frozen, cut

Pizza cheese,
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

All third countries

5 300

1 767

883

13,00

09.4592

ex 0406 30 10

Processed Emmentaler

All third countries

18 400

6 133

3 067

0406 90 13

Emmentaler

09.4593

ex 0406 30 10

Processed Gruyère

All third countries

5 200

1 733

867

0406 90 15

Gruyère, Sbrinz

09.4594

0406 90 01

Cheese for processing (2)

All third countries

09.4595

0406 90 21

Cheddar

All third countries

20 000

15 000

6 667

5 000

3 333

2 500

71,90

85,80

71,90

85,80

83,50

21,00

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Quota number

CN code

Description (1)

Country of origin

Annual quota

Quota from 1
January to 30 April
2004

Quota from 1 May to
30 June 2004

Import duty
(EUR/100 kg net
weight)

09.4596

ex 0406 10 20

ex 0406 10 80

(unripened

cheese,
or
Fresh
including whey cheese, and curd, other than
pizza cheese of quota number 09.4591

uncured)

All third countries

19 500

6 500

3 250

0406 20 90

Other grated or powdered cheese

0406 30 31

Other processed cheese

0406 30 39

0406 30 90

0406 40 10
0406 40 50
0406 40 90

Blue-veined cheese

0406 90 17

Bergkäse and Appenzell

0406 90 18

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

0406 90 23

0406 90 25

Edam

Tilsit

0406 90 27

Butterkäse

0406 90 29

Kashkaval

0406 90 31

Feta, of sheep's milk or buffalo milk

0406 90 33

Feta, other

0406 90 35

Kefalo-Tyri

0406 90 37

Finlandia

0406 90 39

Jarlsberg

0406 90 50

Cheese of sheep's milk or buffalo milk

ex 0406 90 63

Pecorino

0406 90 69

Other

0406 90 73

Provolone

ex 0406 90 75

Caciocavallo

ex 0406 90 76

Danbo, Fontal, Fynbo, Havarti, Maribo, Samsø

0406 90 78

Gouda

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1
3
1
2
0
0
4

92,60

106,40

94,10

69,00

71,90

102,90

70,40

85,80

75,50

94,10

75,50

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Quota number

CN code

Description (1)

Country of origin

Annual quota

Quota from 1
January to 30 April
2004

Quota from 1 May to
30 June 2004

Import duty
(EUR/100 kg net
weight)

09.4596
(cont'd)

ex 0406 90 79
ex 0406 90 81

0406 90 82
0406 90 84
0406 90 86
0406 90 87
0406 90 88

Esrom, Italico, Kernhem, Saint-Paulin
Cheshire, Wensleydale, Lancashire, Double
Gloucester, Blarney, Colby, Monterey
Camembert
Brie
Exceeding 47 % but not exceeding 52 %
Exceeding 52 % but not exceeding 62 %
Exceeding 62 % but not exceeding 72 %

0406 90 93

Exceeding 72 %

0406 90 99

Other

92,60

106,40

(*) 1 kg product = 1,22 kg butter.
(1)

Irrespective of the rules for the interpretation of the Combined Nomenclature, the wording of the product description must be considered to have merely indicative value, since the applicability of the preferential arrangements is deter-
mined in the context of this Annex by the scope 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.
(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.’

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ANNEX II

‘I.B

5. Products originating in Romania

Quota number

CN code

Description (1)

Applicable duty
(% of MFN)

Quantities (tonnes)

Annual Quota

Quantities from 1.1.2004
to 30.4.2004

Quantities from 1.5.2004
to 30.6.2004

Annual increase from 1
July 2004

09.4758

0406

Cheese and curd (2)

Free

2 600

867

433

200

Quota number

CN code

Description (1)

Applicable duty
(% of MFN)

Quantities (tonnes)

Annual Quota

Quantities from 1.1.2004
to 30.4.2004

Quantities from 1.5.2004
to 30.6.2004

Annual increase from 1
July 2004

6. Products originating in Bulgaria

09.4675

0403 10 11
0403 10 13
0403 10 19
0403 10 31
0403 10 33
0403 10 39

Free

500

167

83

0

09.4660

0406

Cheese and curd (2)

Free

6 400

2 133

1 067

300

10. Products originating in Slovenia

Quota number

CN code

Description (1) (2)

09.4086

09.4087

09.4088

0402 10
0402 21

0403 10

0406 90

Applicable duty
(% of MFN)

20 %

20 %

Free

Annual quantities
(tonnes)

2004 quantities
(tonnes)

From 1.1.2003

Quantities opened in 2003

Opened in January 2004

1 500

750

600

1 500

750

450

750

375

450
(= 300 + 150)’

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ANNEX III

‘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

Customs duty

Quantities of quotas

2003/2004 quota

Total

from 1.7 to
31.12.2003

from 1.1 to 30

from 1.5 to
30.6.2004

2004 and following
from 1 July to 30
June

09.4155

ex 0401 30

Cream, of a fat content by weight
exceeding 6 %

0403 10

Yoghurt

9
>=

>;

exemption

2 000

1 000

667

333

2 000

Quota
number

CN code

Description

Customs duty

2003/2004 quota

2004

2005

2006

Total

from 1.7. to
31.12.2003

from 1.1. to
30.4.2004

from 1.5. to
30.6. 2004

from 1 July to 30 June

from 1 July
to 31 May

from
1.6.2007

09.4156

ex 0406

Cheeses other than those referred to in
Annex II.D

exemption

4 250

2 125

1 417

708

5 500

6 750

7 646

unlimited

Quantities of quotas

TARIFF QUOTAS UNDER ANNEX I TO THE AGREEMENT WITH THE KINGDOM OF NORWAY

I.H

Quota number

CN code

Description (1)

Customs duty

Quota

2003/2004

in tonnes

annual

six-monthly

six-monthly from 1
July to 31 December
2003

from 1 January to
30 April 2004

from 1 May to 30
June 2004

09.4781

ex 0406 90 23

Norwegian Edam

0406 90 39

Jarlsberg

ex 0406 90 78

Norwegian Gouda

0406 90 86
0406 90 87
0406 90 88

Other cheeses

9

>>>>>>>>=
>>>>>>>>;

exemption

3 467

1 733,5

1 733,5

1 155,7

577,8

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Quota number

CN code

Description (1)

Customs duty

Quota

2003/2004

in tonnes

annual

six-monthly

six-monthly from 1
July to 31 December
2003

from 1 January to
30 April 2004

from 1 May to 30
June 2004

09.4782

0406 10

Fresh cheeses

exemption

533

266,5

266,5

177,7

88,8

(1) Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the preferential arrangements being deter-

mined, within the context of this Annex, by the coverage of the CN codes.’

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Quota number

CN code

Description

Country of origin

Annual quota from
January to December
(quantities in tonnes)

Maximum quota
January — June
(quantities in tonnes)

Import duty
(EUR/100 kg net
weight)

Rules for completing
IMA 1 certificates

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 drectly from milk or cream without the
use of stored materials, in a single, self-contained and
uninterrupted process

New Zealand

76 667

42 167

86,88

See Annex IV’

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, ina single, self-contained
and ininterrupted process which may involve the
cream passing through a stage where the butterfat is
concentrated
(the processes
referred to as “Ammix” and “Spreadable”)

fractionated

and/or

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13.1.2004

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Official Journal of the European Union

L 7/19

ANNEX V

‘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

Emmentaler

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 99

Other cheeses

58

—

65

65

65

58

65

59

64

71

56

52

48

52

44

40

50

52

—

42

(1) Despite the rules for the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative

only.’