Corrigendum to Commission Regulation (EC) No 1984/2006 of 20 December 2006 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 ( OJ L 387, 29.12.2006 )
Date: 2007-02-07
Institutions: European Commission
Subjects: CCT duties, import licence, import policy, milk, milk product, tariff quota

7.2.2007

EN

Official Journal of the European Union

L 34/3

CORRIGENDA

Corrigendum to Commission Regulation (EC) No 1984/2006 of 20 December 2006 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

(Official Journal of the European Union L 387 of 29 December 2006)

Regulation (EC) No 1984/2006 should read as follows:

COMMISSION REGULATION (EC) No 1984/2006

of 20 December 2006

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
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), and in particular Article 29(1) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1301/2006 of
31 August 2006 laying down common rules for the
administration of import tariff quotas for agricultural
products managed by a system of import licences (2)
applies to import licences for import tariff quota periods
starting from 1 January 2007. That Regulation lays down
in particular detailed provisions on applications for import
licences, the status of applicants and the issue of licences.
That Regulation limits the period of validity of licences to
the last day of the import tariff quota period. The provi-
sions of Regulation (EC) No 1301/2006 should apply to
imports licences issued pursuant to Commission Regula-
tion (EC) No 2535/2001 (3), without prejudice to addi-
tional conditions or derogations laid down in that
Regulation, such as the special rules concerning the
approval of importers which are necessary to secure that
only genuine importers apply for licences. It is necessary
to align the provisions of Regulation (EC) No 2535/2001
on Regulation (EC) No 1301/2006 where appropriate.
Since Regulation (EC) No 1301/2006 applies to licences
for import tariff quota periods starting from 1 Janu-
ary 2007, provision should be made for a delayed appli-
cation for tariff quotas covered by Regulation (EC)
No 2535/2001 for which the import period starts from
1 July 2007.

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

tion (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2) OJ L 238, 1.9.2006, p. 13.
(3) OJ L 341, 22.12.2001, p. 29. Regulation last amended by Regulation

(EC) No 926/2006 (OJ L 170, 23.6.2006, p. 8).

(2)

(3)

(4)

(5)

Pursuant to Article 9 of Regulation (EC) No 2535/2001,
the approval of importers in June 2006 is valid from
1 July 2006 to 30 June 2007. The provisions of Regula-
tion (EC) No 1301/2006 concerning approval should
therefore not apply before 1 July 2007.

Council Regulation (EC) No 1839/2006 of 28 Novem-
ber 2006 concerning the implementation of the Agree-
ment in the form of an Exchange of Letters between the
European Community and the Argentine Republic con-
cluded by the EC following negotiations in the framework
of Article XXIV.6 of GATT 1994, amending and supple-
menting Annex I to Regulation (EEC) No 2658/87 on the
tariff and statistical nomenclature and on the Common
Customs Tariff (4) provides for an additional quantity of
537 tonnes of skimmed milk powder under the annual
import tariff quota. It is therefore appropriate to adjust the
quantity of
skimmed milk powder under quota
No 09.4590 referred to in Annex I.A to Regulation (EC)
No 2535/2001.

Council Decision 2006/909/EC of 4 December 2006 on
the conclusion of the agreement in the form of an
exchange of letters between the European Community and
the Kingdom of Norway concerning adjustments of trade
preferences in cheese undertaken on the basis of Article 19
of the Agreement on the European Economic Area (5) pro-
vides for the merging as from 1 January 2007 of the two
existing annual duty free tariff quotas of cheese originat-
is therefore appropriate to adapt
ing in Norway.
Annex I.H to Regulation (EC) No 2535/2001 accordingly.

It

Commission Regulation (EC) No 1549/2006 of 17 Octo-
ber 2006 amending Annex I to Council Regulation (EEC)
No 2658/87 on the tariff and statistical nomenclature and
on the Common Customs Tariff (6) provides for amend-
ments from 1 January 2007 for certain products falling
within CN code 0406. Annex I.A to Regulation (EC)
No 2535/2001 should be amended accordingly.

(4) OJ L 355, 15.12.2006, p. 1.
(5) OJ L 346, 9.12.2006, p. 30.
(6) OJ L 301, 31.10.2006, p. 1.

L 34/4

EN

Official Journal of the European Union

7.2.2007

(6)

(7)

(8)

(9)

Decision No 2/2006 of the EC-Turkey Association Coun-
cil of 17 October 2006 (1) approves a Community posi-
tion in the EC-Turkey Association Council on the
amendment to Protocols 1 and 2 to Decision 1/98 of the
EC-Turkey Association Council on the trade regime for
agricultural products. The amendment to Decision 1/98
of the EC-Turkey Association Council has been approved
by the EC-Turkey Association Council
in its Decision
No 2.

For certain agricultural products, amongst which cheeses,
originating in Turkey, the amended Protocol 1 provides
for new Community tariff quotas and for changes to the
existing Community tariff quotas laid down in Council
Regulation (EC) No 747/2001 of 9 April 2001 providing
for the management of Community tariff quotas and of
reference quantities for products eligible for preferences
by virtue of agreements with certain Mediterranean coun-
tries and repealing Regulations (EC) No 1981/94 and (EC)
No 934/95 (2). It is therefore appropriate to adjust the
quota quantity and the product descriptions in the rel-
evant annexes to Regulation (EC) No 2535/2001.

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

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

HAS ADOPTED THIS REGULATION:

Article 1

purposes, accompanied by proof that during both of the pre-
vious two calendar years they imported into or exported
from the Community at least 25 tonnes of milk products
covered by Chapter 04 of the Combined Nomenclature.’;

4. Article 12 is deleted;

5. Article 13 is amended as follows:

(a)

in paragraph 2, the second subparagraph is replaced by
the following:

in the case of the quotas referred to in
‘However,
Article 5(c) to (f) and (h), licence applications shall relate
to at least 10 tonnes and to no more than the quantity
available for each period.’

(b) paragraph 3 is deleted;

6. Article 15 is replaced by the following:

‘Article 15

On the fifth working day following the end of the period
for lodging applications, Member States shall notify the
Commission of the applications lodged for each of the prod-
ucts concerned. Notifications shall include the quantities
applied for under each quota number and CN code. Notifi-
cations shall be made on separate forms for each quota.’;

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

7. Article 16 is amended as follows:

1.

in Article 2, the following paragraph is added:

(a) paragraph 1 is replaced by the following:

‘Commission Regulation (EC) No 1301/2006 (*) shall apply
save as otherwise provided in this Regulation.

(*) OJ L 238, 1.9.2006, p. 13.’;

2.

subparagraph 1 of Article 6 is replaced by the following:

‘Annex I sets out the tariff quotas, the duties to be applied,
the maximum quantities to be imported each year, the
import tariff quota periods and their division into two equal
parts for six-month periods.’;

3. Article 8 is replaced by the following:

‘1.
Licences shall be issued by the competent authori-
ties of the Member States within five working days fol-
lowing the fifth working day following the day of
notification provided for in Article 15.’;

(b) paragraph 2 is deleted;

(c) paragraph 3 is replaced by the following:

Import licences shall be valid until the last day of

‘3.
each six-month period referred to in Article 14(1).’;

‘Article 8

8. Article 18 is amended as follows:

By way of derogation from the first paragraph of Article 5
of Regulation (EC) No 1301/2006, approval shall be granted
to applicants who, before 1 April each year, submit a request
to the competent authorities of the Member State in which
they are established and in which they are registered for VAT

(a)

in paragraph 1, point (d) is replaced by the following:

‘(d)

in box 20, one of the entries listed in Annex XV;’

(1) OJ L 367, 22.12.2006, p. 68.
(2) OJ L 109, 19.4.2001, p. 2. Regulation as last amended by Commis-
sion Regulation (EC) No 1712/2006 (OJ L 321, 21.11.2006, p. 7).

(b) paragraph 3 is deleted;

9.

in Article 21, paragraph 3 is deleted;

7.2.2007

EN

Official Journal of the European Union

L 34/5

10.

in Article 25(2), the fourth subparagraph is replaced by the
following text:

15. Annex I.H is replaced by the text set out in Annex III to this

Regulation;

‘The competent import licence issuing body shall retain the
original of each IMA 1 presented.’;

16. Annex II.B is replaced by the text set out in Annex IV to

this Regulation;

11.

in Article 28, paragraph 3 is deleted;

17. Annexes VI and VII are deleted.

12.

in Article 32, paragraph 1 is replaced by the following text:

‘1.
A copy of the IMA 1 certificate, duly authenticated,
shall be presented, along with the corresponding import
licence and the products to which they relate, to the cus-
toms authorities of the importing Member State at the time
the declaration of release for free circulation is lodged. With-
out prejudice to Article 26(1), it shall be presented while it
is still valid, except in cases of force majeure.’;

Article 2

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

It shall apply from 1 January 2007.

13. Annex I.A is replaced by the text set out in Annex I to this

Regulation;

However, Article 1(1), 1(2), 1(4) and 1(9) shall apply from
1 July 2007 as regards the tariff quotas referred to in parts A, F
and H of Annex 1 to Regulation (EC) No 2535/2001.

14. Annex I.D is replaced by the text set out in Annex II to this

Regulation;

Article 1(3) shall apply as regards applications for licences lodged
as from 1 July 2007 onwards.

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

Done at Brussels, 20 December 2006.

For the Commission
Mariann FISCHER BOEL
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

09.4590

09.4599

0402 10 19

Skimmed-milk powder

All third countries

Butter and other fats and oils derived from milk

All third countries

Annual quota
(in tonnes)

Six-monthly quota
(in tonnes)

Import duty
(EUR/100 kg net weight)

68 537

11 360

34 268,5

5 680

47,50

94,80

0405 10 11
0405 10 19
0405 10 30

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

in butter equivalent

All third countries

5 360

2 680

13,00

09.4591

ex 0406 10 20
ex 0406 10 80

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

18 438

9 219

0406 90 13

Emmentaler

09.4593

ex 0406 30 10

Processed Gruyère

All third countries

5 413

2 706,5

All third countries

All third countries

All third countries

20 007

15 005

19 525

10 003,5

7 502,5

9 762,5

09.4594

09.4595

09.4596

0406 90 15

Gruyère, Sbrinz

0406 90 01

Cheese for processing (2)

0406 90 21

Cheddar

ex 0406 10 20

ex 0406 10 80

Fresh (unripened or uncured) cheese, including whey
cheese, and curd, other than pizza cheese of quota num-
ber 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
0406 40 50
0406 40 90

Blue-veined cheese and other cheese containing veins
produced by Penicillium roqueforti

0406 90 17

Bergkäse and Appenzell

71,90

85,80

71,90

85,80

83,50

21,00

92,60

106,40

94,10

69,00

71,90

102,90

70,40

85,80

L

3
4
/
6

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
U
n
o
n

i

.

.

7
2
2
0
0
7

Quota number

CN code

Description (1)

Country of origin

Annual quota
(in tonnes)

Six-monthly quota
(in tonnes)

Import duty
(EUR/100 kg net weight)

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 32

Feta

0406 90 35

Kefalo-Tyri

0406 90 37

0406 90 39

Finlandia

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

ex 0406 90 79

Esrom, Italico, Kernhem, Saint-Paulin

ex 0406 90 81

Cheshire, Wensleydale, Lancashire, Double Gloucester,
Blarney, Colby, Monterey

0406 90 82

Camembert

0406 90 84

Brie

0406 90 86

Exceeding 47 % but not exceeding 52 %

0406 90 87

Exceeding 52 % but not exceeding 62 %

0406 90 88

Exceeding 62 % but not exceeding 72 %

0406 90 93

Exceeding 72 %

0406 90 99

Other

75,50

94,10

75,50

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 determined
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.’

.

.

7
2
2
0
0
7

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
U
n
o
n

i

L

3
4
/
7

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

ANNEX II

‘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

2 300

0

ex 0406 90 32

0406 90 50

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

Feta made from sheep’s milk or buffalo milk, in containers con-
taining brine, or in sheepskin or goatskin bottles

Other cheese made from sheep’s milk or buffalo milk, in con-
tainers containing brine, or in sheepskin or goatskin bottles

Tulum Peyniri, made from sheep’s milk or buffalo milk, in indi-
vidual plastic or other kind of 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

3
4
/
8

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
U
n
o
n

i

.

.

7
2
2
0
0
7

ANNEX III

‘I.H

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

Quota number

CN code

Description (1)

Customs duty

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

annual

six-monthly

09.4179

0406 10

ex 0406 90 23

0406 90 39

ex 0406 90 78

0406 90 86
0406 90 87
0406 90 88

Fresh cheeses

Norwegian Edam

Jarlsberg

Norwegian Gouda

Other cheeses

exemption

4 000

2 000

(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 determined,

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

.

.

7
2
2
0
0
7

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
U
n
o
n

i

L

3
4
/
9

ANNEX IV

‘II.B

PREFERENTIAL IMPORT ARRANGEMENTS — TURKEY

Serial
number

CN code

Description

Country of origin

Import duty
(EUR/100 kg net weight without further indica-
tion)

1

2

3

ex 0406 90 32

ex 0406 90 50

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

0406 90 29

Kashkaval

Feta made from sheep’s milk or buffalo milk, in containers containing brine, or in
sheepskin or goatskin bottles

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

Tulum peyniri, made from sheep’s milk or buffalo milk, in individual plastic or other
kind of packing of less than 10 kg

Turkey

Turkey

Turkey

67,19

67,19

67,19’

L

3
4
/
1
0

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
U
n
o
n

i

.

.

7
2
2
0
0
7