Commission Regulation (EC) No 1565/2007 of 21 December 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: 2007-12-21
Institutions: European Commission
Subjects: New Zealand, Switzerland, butter, cheese, import licence, import policy, originating product, tariff exemption, tariff quota

22.12.2007

EN

Official Journal of the European Union

L 340/37

COMMISSION REGULATION (EC) No 1565/2007

of 21 December 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 26(3)(a) and
Article 29(1) thereof,

(4)

Whereas:

(1)

(2)

Swiss Confederation on trade
by Decision

The Agreement between the European Community and
in agricultural
the
products (2),
2002/309/EC,
the Commission (3)
Euratom, of
provides for the full
liberalisation of the bilateral trade
in cheeses as from 1 June 2007, after a five-year tran-
sition process.

approved
the Council and of

(EC)

Regulation

Commission

Accordingly,
No
2535/2001 of 14 December 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 (4) as
amended by Regulation (EC) No 487/2007 (5) no more
provided for import quotas and import duties for cheese
originating in Switzerland. In this context and in the light
of the flexibility for the requirement of an import licence
introduced by Article 26(3)(a) of Regulation (EC) No
1255/1999 as amended by Commission Regulation
(EC) No 1152/2007 (6), it is appropriate to abolish the
presentation of an import licence for all cheese import
from Switzerland.

(3)

Article 19a of Regulation (EC) No 2535/2001 provides
for the imports of dairy products to be managed on a
‘first come, first served’ basis, in accordance with Articles
308a to 308c of Commission Regulation (EEC) No

(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). Regulation
(EC) No 1255/1999 will be replaced by Regulation (EC) No
1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1.7.2008.

(2) OJ L 114, 30.4.2002, p. 132.
(3) OJ L 114, 30.4.2002, p. 1.
(4) OJ L 341, 22.12.2001, p. 29. Regulation as last amended by Regu-

lation (EC) No 1324/2007 (OJ L 294, 13.11.2007, p. 14).

(5) OJ L 114, 1.5.2007, p. 8.
(6) OJ L 258, 4.10.2007, p. 3.

2454/93 of 2 July 1993 laying down provisions for the
implementation of Council Regulation (EEC) No 2913/92
establishing the Community Customs Code (7). This
management system and its procedures make the use
of
and its presentation
redundant
licences
should therefore be withdrawn.

import

Certain licences for cheeses originating in Switzerland
and for the imports of dairy products under the quotas
managed on a ‘first come, first served’ basis as referred to
in Chapter Ia of Regulation (EC) No 2535/2001 will still
be valid after 1 January 2008. Commitments entered into
in connection with those licences must be fulfilled failing
which the security lodged would be forfeited. Since as
from that date such imports can take place without
licence and without the financial charges connected to
it,
it should be possible for importers holding such
licences, and which are not entirely used at that date,
to request and to obtain the release of the securities
lodged.

The Agreement in the form of an Exchange of Letters
between the European Community and New Zealand
pursuant to Article XXVIII of the GATT 1994 relating
to the modification of the WTO tariff quota for New
Zealand butter provided for in Schedule CXL annexed
to the GATT 1994 (8), approved by Council Decision
2007/867/EC of 20 December 2007 (9) provides for
amendments in the tariff quota of butter contained in
Schedule CXL/European Communities, concluded under
the Uruguay Round of multilateral trade negotiations.
Annex III.A to Regulation (EC) No 2535/2001 should
be adapted accordingly.

for

the

both

fat
and

in New Zealand

the verification of

Annex IV and V to Regulation (EC) No 2535/2001
provide for a very complex mechanism and a laborious
content
procedure
compliance
the
in
the
Community. The newly adopted description of
quota, widening the fat content range from 80-82 % to
80-85 % allows
the control
procedures,
in particular by withdrawing the interpret-
ation of the control results of the fat content based on
the typical process standard deviation. Moreover such a
simplification consists
reduction of
administrative burden and cost to both Parties and facil-
itates the access to the quota for both exporters and
importers.

for a simplification of

in a substantial

(5)

(6)

(7) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

(8) See page 95 of this Official Journal.
(9) See page 95 of this Official Journal.

L 340/38

EN

Official Journal of the European Union

22.12.2007

(7)

(8)

(9)

(10)

Article 33(1)(d) of Regulation (EC) No 2535/2001
provides that
the issuing body in New Zealand shall
issue the IMA 1 certificate before the product it covers
leaves the territory of the issuing country. Butter falling
under quota year 2008 may be shipped in New Zealand
as from November 2007. Since it is impossible to apply
the new provisions of Regulation (EC) No 2535/2001 as
amended by this Regulation, to such shipments, and as
the proper implementation of the new provisions need
some time, Article 33(1)(d) of Regulation (EC) No
2535/2001 should not
the period 1
for
November 2007 to 31 January 2008.

apply

At the same time it is appropriate to update some data
relating to the NZ issuing body in Annex XII to Regu-
lation (EC) No 2535/2001.

‘2.
Imports under the quotas referred to in paragraph
1 shall not be subject to the presentation of an import
licence.’;

(b) paragraph 3 is deleted.

3. Article 20 is amended as follows:

(a)

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

‘(d) Annex 2 to the Agreement between the European
Community and Switzerland on trade in agri-
cultural products.’;

(b) paragraph 3 is deleted.

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

4. After Article 22, the following Chapter is inserted:

Commission Decision 2001/651/EC (1) established the
typical process standard deviation of the fat content of
butter imported from New Zealand in order to facilitate
the controls under Annex IV to Regulation (EC) No
2535/2001. Under the new arrangement providing for
an extension of the quota description to unsalted butter,
it is possible to abandon the interpretation of the control
results and consequently the complicated typical process
standard
Therefore, Decision
procedure.
2001/651/EC has become obsolete and should be
repealed.

deviation

(11)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 2 is replaced by the following:

‘Article 2

Without prejudice to Title II of Regulation (EC) No
1291/2000, and save as otherwise provided for in this
Regulation, all
imports of milk products shall be subject
to presentation of an import licence.’;

2. Article 19a is amended as follows:

(a) paragraph 2 is replaced by the following:

‘CHAPTER IIa

NON-QUOTA IMPORTS WITHOUT PRESENTATION OF AN
IMPORT LICENCE

Article 22a

This Article shall apply to preferential

1.
imports as
referred to in Article 3 of the Agreement between the
European Community and Switzerland on trade in agri-
cultural products.

2.
All products falling under CN code 0406 originating
in Switzerland are exempted from an import duty and from
the presentation of an import licence.

The duty exemption shall be applied only on presen-
3.
the declaration of release for free circulation
tation of
accompanied by
the proof of origin issued under
Protocol 3 to the Agreement between the European
Economic Community
Swiss Confederation
and the
signed at Brussels on 22 July 1972.’

5. Article 38 is deleted.

6. In Article 40(1), the second, third and fourth subparagraphs

are deleted.

7. Part D of Annex II is replaced by the text in Annex I to this

Regulation.

8. Annex III.A is replaced by the text in Annex II to this

Regulation.

9. Annex IV is amended in accordance with Annex III to this

Regulation.

(1) OJ L 229, 25.8.2001, p. 24. Decision as last amended by Decision

2004/584/EC (OJ L 255, 31.7.2004, p. 41).

10. Annex V is replaced by the text in Annex IV to this Regu-

lation.

22.12.2007

EN

Official Journal of the European Union

L 340/39

11. In Annex VIII the first subparagraph of point 2 is replaced

by the following:

‘IMA 1 issuing bodies may cancel an IMA 1 certificate or
part thereof for a quantity covered by it which is destroyed
for sale in circumstances beyond the
or rendered unfit
control of
the quantity
the exporter. Where part of
covered by an IMA 1 certificate is destroyed or rendered
unfit for sale, a replacement certificate may be issued for
the remaining quantity. In the case of New Zealand butter

referred to in Annex III(A), the original product identifi-
cation list shall be used for this purpose. The replacement
certificate shall be valid only up to the same date as the
original. In this case, box 17 of the replacement IMA 1
to
certificate
00.00.0000”.’

the words

contain

“valid

shall

up

12. Annex X is amended in accordance with Annex V to this

Regulation.

13. In Annex XII the data related to New Zealand are replaced by the following:

‘New Zealand

ex 0405 10 11
ex 0405 10 19
ex 0405 10 30
ex 0406 90 01
ex 0406 90 21

Butter
Butter
Butter
Cheese for processing
Cheddar

New
Food
Authority

Zealand
Safety

Telecom Towers, 86
Jervois Quay,
PO Box 2835
Wellington
New Zealand
Tel. (64-4) 894 2500
Fax (64-4) 894 2501’

Article 2

Article 3

At the request of the interested parties, the securities lodged for
the issuing of
licences shall be released under the
following conditions:

import

By way of derogation from Article 34(2) of Regulation (EC) No
2535/2001, Article 33(1)(d) of that Regulation shall not apply
from 1 November 2007 to 31 January 2008 for imports related
to quota year 2008.

(a)

the licences are issued for imports under the quotas referred
to under Chapter Ia or the licences are issued for the import
of products falling under CN code 0406 originating in
Switzerland;

Article 4

Decision 2001/651/EC is repealed.

Article 5

(b) the validity of the licences has not expired before 1 January

2008;

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

(c)

the licences have been used only partially or not at all by 1
January 2008.

It shall apply from 1 January 2008. However, Article 3 shall
apply from 1 November 2007.

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

Done at Brussels, 21 December 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

L 340/40

EN

Official Journal of the European Union

22.12.2007

ANNEX I

‘II.D

Reduced duty under Annex 2 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 (*), in hermetically-sealed containers of a net
content not exceeding 500 g, of a fat content by weight exceeding
10 %

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

43,80

(*) 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.’

22.12.2007

EN

Official Journal of the European Union

L 340/41

I
I

X
E
N
N
A

A

.
I
I
Ι

X
E
N
N
A

‘

r
e
t
t
u
b

d
n
a
l
a
e
Z
w
e
N

:

n
i
g
i
r
o

f
o

y
r
t
n
u
o
c

y
b

d
e
i
f
i
c
e
p
s

s
t
n
e
m
e
e
r
g
a

/

O
T
W
T
T
A
G

e
h
t

r
e
d
n
u

a
t
o
u
q

f
f
i
r
a
T

A
M

I

g
n
i
t
e
l
p
m
o
c

g
k

0
0
1
/
R
U
E
(

s
e
t
a
c
i
f
i
t
r
e
c

1

)
t
h
g
i
e
w

t
e
n

r
o
f

s
e
l
u
R

y
t
u
d

t
r
o
p
m

I

2
8
1
4
9
0

,

5
9
1
4
9
0

,

r
e
b
m
u
n

a
t
o
u
Q

r
e
b
m
u
n

a
t
o
u
Q

)
s
e
n
n
o
t

n

i

s
e
i
t
i
t
n
a
u
q
(

r
e
b
m
e
c
e
D

)
s
e
n
n
o
t

n

i
(

n
i
g
i
r
o

a
t
o
u
Q

B

t
r
a
P

a
t
o
u
Q

A

t
r
a
P

a
t
o
u
q

y
l
r
a
e
y
-
f
l
a
h

m
u
m
i
x
a
M

1
3

o
t

y
r
a
u
n
a
J

1

f
o

y
r
t
n
u
o
C

m
o
r
f

a
t
o
u
q

l
a
u
n
n
A

n
o
i
t
p
i
r
c
s
e
D

e
d
o
c

N
C

’

V

I

x
e
n
n
A

e
e
S

0
0
0
7

,

s
e
n
n
o
t

6
0
8
6
1

s
e
n
n
o
t

,

5
0
4
5
0
2

m
o
r
f

s
a

a
t
o
u
q

y
l
r
a
e
y
-
f
l
a
H

s
e
n
n
o
t

3
9
6
4
7

d
n
a
l
a
e
Z

w
e
N

t
h
g
i
e
w
y
b

t
n
e
t
n
o
c

t
a
f

a

f
o

,

l

d
o

s
k
e
e
w
x
i
s

t
s
a
e
l

t
a

,
r
e
t
t
u
B

s
d
r
a
w
n
o

8
0
0
2

y
r
a
u
n
a
J

s
e
n
n
o
t

,

5
6
4
3
7
3

d
e
r
u
t
c
a
f
u
n
a
m
%
5
8

n
a
h
t

s
s
e
l

t
u
b

%
0
8

n
a
h
t

s
s
e
l

t
o
n

f
o

d
e
r
o
t
s

f
o

e
s
u

e
h
t

t
u
o
h
t
i

w

m
a
e
r
c

r
o

k

l
i

m

m
o
r
f

y
l
t
c
e
r
i
d

1
1
0
1
5
0
4
0
x
e

9
1
0
1
5
0
4
0
x
e

d
e
t
p
u
r
r
e
t
n
n
u

i

d
n
a

d
e
n
i
a
t
n
o
c
-
f
l
e
s

,
e
l
g
n
i
s

a

n

i

,
s
l
a
i
r
e
t
a
m

s
s
e
c
o
r
p

d
e
r
u
t
c
a
f
u
n
a
m

,

%
5
8

n
a
h
t

s
s
e
l

t
u
b
%
0
8

n
a
h
t

s
s
e
l

t
o
n

f
o

t
h
g
i
e
w
y
b

t
n
e
t
n
o
c

t
a
f

a

f
o

,

l

d
o

s
k
e
e
w
x
i
s

t
s
a
e
l

t
a

,
r
e
t
t
u
B

0
3
0
1
5
0
4
0
x
e

d
e
r
o
t
s

f
o

e
s
u

e
h
t

t
u
o
h
t
i

w

m
a
e
r
c

r
o

k

l
i

m

m
o
r
f

y
l
t
c
e
r
i
d

d
e
t
p
u
r
r
e
t
n
n
u

i

d
n
a

d
e
n
i
a
t
n
o
c
-
f
l
e
s

,
e
l
g
n
i
s

a

n

i

,
s
l
a
i
r
e
t
a
m

h
g
u
o
r
h
t

g
n
i
s
s
a
p
m
a
e
r
c

e
h
t

e
v
l
o
v
n

i

y
a
m
h
c
i
h
w

s
s
e
c
o
r
p

-
c
a
r
f

d
n
a

”

x
i
m
m
A

“

r
o
/
d
n
a

d
e
t
a
r
t
n
e
c
n
o
c

s
i

t
a
f
r
e
t
t
u
b

e
h
t

e
r
e
h
w

e
g
a
t
s

a

s
a

o
t

d
e
r
r
e
f
e
r

s
e
s
s
e
c
o
r
p

e
h
t
(

d
e
t
a
n
o
i
t

)

”

e
l
b
a
d
a
e
r
p
S

“

L 340/42

EN

Official Journal of the European Union

22.12.2007

ANNEX III

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

(1) the title is replaced by the following:

‘CHECKING THE WEIGHT AND THE FAT CONTENT OF BUTTER ORIGINATING IN NEW ZEALAND
IMPORTED UNDER SECTION 2 OF CHAPTER III OF REGULATION (EC) No 2535/2001’;

(2) in Part 1, point (e) is deleted;

(3) Part 2 is amended as follows:

(a) point 2,2 is amended as follows:

(i) in point (e), the third indent is deleted;

(ii) point (i) is replaced by the following:

‘(i)

in box 13, not less than 80 % but less than 85 % fat’;

(b) point 2,3 is deleted.

(4) Part 4 is amended as follows:

(a)

in point 4,1, the following paragraphs are added:

‘The competent authorities shall draw duplicate samples, one of which shall be held in secure custody in case of
dispute.

The laboratory undertaking the tests shall be authorised by a Member State to carry out official analyses and be
recognised by that Member State as having competence in applying the method referred to above, as demon-
strated by meeting the repeatability criterion when analysing blind duplicates and by successful participation in
proficiency tests.’;

(b) point 4,2 is deleted;

(c) point 4,3 is replaced by the following:

‘4.3. Interpretation of control results — arithmetic mean

(a) Compliance with the fat content requirements shall be assumed if the arithmetic mean of the sample

results does not exceed 84,4 %.

The competent authorities shall notify the Commission without delay of each case of non-compliance.

(b) In case the compliance requirement under a)

is not met, the lot covered by the relevant import
declaration and IMA 1 certificate shall be imported in accordance with Article 36, except where the
results of the analysis of the duplicate samples as referred to under point 4,5 do comply with the
requirements.’;

(d) point 4,4 is deleted;

22.12.2007

EN

Official Journal of the European Union

L 340/43

(e) point 4,5 is replaced by the following:

‘4.5. Disputed results

The importer concerned may challenge the results of the analysis obtained by a competent authorities’
laboratory within seven working days of receiving these results, undertaking to pay for the costs of testing
the duplicate samples. In this case the competent authorities shall send sealed duplicates of the samples
analysed by its laboratory to a second laboratory. This second laboratory shall be authorised by a Member
State to carry out official analyses and be recognised by that Member State as having competence in
applying the method referred to in point 4,1, as demonstrated by meeting the repeatability criterion
when analysing blind duplicates and by successful participation in proficiency tests.

This second laboratory shall communicate the results of its analysis to the competent authorities promptly.

The findings of the second laboratory are final.’;

(f) point 4,6 is deleted.

L 340/44

EN

Official Journal of the European Union

22.12.2007

ANNEX IV

‘ANNEX V

22.12.2007

EN

Official Journal of the European Union

L 340/45

ANNEX V

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

(a) Box 7 is replaced by the following:

7. Marks, numbers, number and kind of packages, detailed CN description and eight-digit CN code of the

product preceded by ‘ex’ and particulars of its form of presentation.

— See product-identification list attached, reference:

— CN code ex 0405 10 — Butter, at least six weeks old, of a fat content by weight not less than 80 %, but

less than 85 %, manufactured directly from milk or cream

— Factory registration No

— Date of manufacture

— Arithmetic mean of the tare weight of plastic wrapping

(b) Box 13 is replaced by the following:

13. Fat content by weight (%)