Commission Regulation (EC) No 487/2007 of 30 April 2007 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: 2007-04-30
Institutions: European Commission
Subjects: CCT duties, import licence, import policy, milk, tariff quota

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Official Journal of the European Union

1.5.2007

COMMISSION REGULATION (EC) No 487/2007

of 30 April 2007

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
Community,

establishing the European

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)

(2)

(3)

Pursuant to Article 3(2) of Commission Regulation (EC)
No 2535/2001 (2), import licences shall only be valid for
the product code shown on it. Imports under quotas may
experience difficulties where allocation coefficients are
reducing the quantities
for each product code for
which licence applications have been lodged. To facilitate
trade and to optimise the use of the import quotas it is
appropriate that import licences are also valid for other
product codes falling under the same quota number,
provided they are submitted to an equal
import duty.
Since the current provisions may result in quantities of
import licences issued in January 2007 not being used, it
is appropriate to provide for a retroactive application of
the new provisions.

approved

Swiss Confederation on trade
by Decision

The Agreement between the European Community and
in agricultural
the
products (3),
2002/309/EC,
Euratom, of the Council and of the Commission (4) (here-
inafter referred to as the ‘Agreement with Switzerland’),
in
includes
customs duties on certain milk products originating in
In its Annex 3, relating to concessions
Switzerland.
regarding cheeses, point 1 provides for the full
liberal-
isation of the bilateral trade in cheeses as from 1 June
2007, after a five-year transition process.

the opening of quotas and reductions

The objective of the Agreement with Switzerland is to
strengthen the free-trade relations between the Parties by
gradually eliminating the barriers affecting the bulk of
their trade. Bilateral trade in cheese will no longer be
from 1 June 2007.
submitted to any quotas

as

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

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

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

lation (EC) No 2020/2006 (OJ L 384, 29.12.2006, p. 54).

(3) OJ L 114, 30.4.2002, p. 132.
(4) OJ L 114, 30.4.2002, p. 1.

Therefore, and since the trade in cheeses between the
Community and Switzerland relates to important quan-
tities and a high commercial value, it is appropriate to
reduce substantially the security on the import licences
for cheese originating in Switzerland.

Following the adoption of Commission Regulation (EC)
No 1719/2005 of 27 October 2005 amending Annex I
to Council Regulation (EEC) No 2658/87 on the tariff
and on the Common
and statistical nomenclature
Tariff (5),
to
0406 90 02
Customs
0406 90 06 have been deleted. Article 4(3) of Regulation
(EC) No 2535/2001 has therefore become redundant and
should be also deleted.

codes

CN

of

Iceland

additional

concerning

Annex II to the Agreement in the form of an Exchange
of Letters between the European Community and the
Republic
trade
preferences in agricultural products undertaken on the
basis of Article 19 of the Agreement on the European
Economic Area (6),
approved by Council Decision
2007/138/EC (7), provides for the opening of an annual
tariff quota for certain dairy products. Chapter I of Title 2
of Regulation (EC) No 2535/2001 and Annex I thereto
should be adapted accordingly.

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

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

(4)

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

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

1. In Article 3(2), the following subparagraph is added:

‘However, where licences are issued under
tariff
quotas referred to in Chapter I and Section 2 of Chapter
the CN codes
III of Title 2,
they shall be valid for all
the
falling under the same quota number, provided that
import duty applied is identical.’

import

(5) OJ L 286, 28.10.2005, p. 1.
(6) OJ L 61, 28.2.2007, p. 29.
(7) OJ L 61, 28.2.2007, p. 28.

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Official Journal of the European Union

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2. In Article 4, paragraph 3 is deleted.

6. Article 20 is amended as follows:

3. Article 5 is amended as follows:

(a)

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

(a) point (f) is replaced by the following:

‘(f)

the quota provided for in Annex 2 to the Agreement
between the Community and Switzerland on trade in
by Decision
agricultural
2002/309/EC, Euratom of the Council and of the
Commission (*);

approved

products,

___________
(*) OJ L 114, 30.4.2002, p. 1.’

(b) the following point (i) is added:

‘(i)

in Annex II

to the
the quotas provided for
Agreement between the Community and Iceland
concerning additional
in agri-
cultural products, approved by Council Decision
2007/138/EC (*).

trade preferences

___________
(*) OJ L 61, 28.2.2007, p. 28.’

‘(d)

the Agreement between the European Community
and Switzerland on trade in agricultural products,
Annexes 2 and 3.’;

(b) the following paragraph 3 is added:

‘3.
for
By way of derogation from Article 3(1),
imports of products falling under CN code 0406 origi-
nating in Switzerland, the security shall be 1 EUR per
100 kilograms net of product.’

7. Annex I is amended as follows:

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

lation;

(b) the text in Annex II to this Regulation is added as Part I.

8. Annex II.D is replaced by the text in Annex III

to this

Regulation.

4. In Article 13(2), the second subparagraph is replaced by the

following:

Article 2

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

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 June 2007.

5. In Article 19 the following point (h) is added:

‘(h) Protocol 3 to the Agreement with Iceland.’

However, Article 1(1) shall apply to licences issued as from 1
January 2007 and Article 1(3)(b), (4), (5) and (7)(b) shall apply
as from 1 July 2007.

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

Done at Brussels, 30 April 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

L 114/10

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Official Journal of the European Union

1.5.2007

ANNEX I

‘I.F

TARIFF QUOTA UNDER ANNEX II TO THE AGREEMENT BETWEEN THE COMMUNITY AND SWITZERLAND ON
TRADE IN AGRICULTURAL PRODUCTS

Quota Number

CN code

Description

Customs duty

Quota from 1 July
to 30 June
(in tonnes)

9
=

;

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

exemption

2 000’

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ANNEX II

‘I.I

TARIFF QUOTAS UNDER ANNEX II TO THE AGREEMENT WITH ICELAND APPROVED BY DECISION 2007/138/EC

Annual quota from 1 July to 30 June

Quota number

CN code

Description (*)

Applicable duty
(% of MFN)

Annual quantity

From 1.7.2007
until 31.12.2007

Half-yearly quantity
as from 1.1.2008

Quantities (tonnes)

09.4205

0405 10 11
0405 10 19

Natural butter

Exemption

09.4206

ex 0406 10 20 (**)

“Skyr”

Exemption

350

380

262

285

175

190

(*) 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 arrangements being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are
referred to, the applicability of the preferential arrangements is determined to the basis of the CN code and the corresponding description taken jointly.

(**) CN code subject to modification, pending confirmation of classification of the product.’

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Official Journal of the European Union

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ANNEX III

‘II.D

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

CN Code

Description

0402 29 11
ex 0404 90 83

Special milk, for infants (1),
exceeding 500 g, of a fat content by weight exceeding 10 %

in hermetically-sealed containers of a net content not

0406

Cheese and curd

Customs duty
(EUR/100 kg net weight)
from 1 June 2007

43,80

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.’