Source: EURLEX
Language: en
Format: md

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| 17.12.2014 | EN | Official Journal of the European Union | L 360/6 |

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COMMISSION IMPLEMENTING REGULATION (EU) No 1335/2014

of 16 December 2014

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 EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 [(1)](#ntr1-L_2014360EN.01000601-E0001), and in particular Article 187 thereof,

Whereas:

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| (1) | Commission Implementing Regulation (EU) No 1101/2014 [(2)](#ntr2-L_2014360EN.01000601-E0002) provides for amendments in CN codes for dairy products of Chapter 4 with effect from 1 January 2015. |

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| (2) | Commission Regulation (EC) No 2535/2001 [(3)](#ntr3-L_2014360EN.01000601-E0003) lays down detailed rules as regards the import arrangements for milk and milk products and opening tariff quotas. To reflect amendments in CN codes for dairy products, it is necessary to update Annexes I, II and VIIa to that Regulation. |

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| (3) | Article 4(2) of Regulation (EC) No 2535/2001 refers to CN codes which are deleted with effect from 1 January 2015. Moreover, Annex 3, relating to concessions regarding cheeses, to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products [(4)](#ntr4-L_2014360EN.01000601-E0004), approved by Decision 2002/309/EC, Euratom of the Council and of the Commission [(5)](#ntr5-L_2014360EN.01000601-E0005), provides for the full liberalisation of the bilateral trade in cheeses as from 2007. That provision is therefore obsolete and should be deleted. |

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| (4) | Article 19a(1)(c) and (4)(c) relating to Part 3 of Annex VIIa to Regulation (EC) No 2535/2001 and Article 20(1)(a)(ii) relating to Part C of Annex II to that Regulation concern respectively a cheese tariff quota and preferential imports in application of the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part [(6)](#ntr6-L_2014360EN.01000601-E0006), approved by Council Decision 2004/441/EC [(7)](#ntr7-L_2014360EN.01000601-E0007). Those provisions refer to CN codes which are deleted with effect from 1 January 2015. Since the corresponding quota period and import duty elimination period have expired, it is appropriate to delete those provisions. |

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| (5) | Regulation (EC) No 2535/2001 should therefore be amended accordingly. |

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| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |

HAS ADOPTED THIS REGULATION:

Article 1

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

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| (1) | In Article 4, paragraph 2 is deleted; |

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| (2) | In Article 19a, paragraphs 1(c) and 4(c) are deleted; |

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| (3) | In Article 20, paragraph (1)(a)(ii) is deleted; |

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| (4) | Annex I is amended in accordance with Annex I to this Regulation; |

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| (5) | Annex II is amended as follows:   |  |  | | --- | --- | | (a) | Part B is replaced by the text in Annex II to this Regulation; |  |  |  | | --- | --- | | (b) | Part C is deleted; | |

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| (6) | Annex VIIa is amended as follows:   |  |  | | --- | --- | | (a) | Part 3 is deleted; |  |  |  | | --- | --- | | (b) | Part 4 is replaced by the text in Annex III to this Regulation. | |

Article 2

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

It shall apply from 1 January 2015.

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

Done at Brussels, 16 December 2014.

For the Commission

The President

Jean-Claude JUNCKER

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ANNEX I

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

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| (1) | Part I.A is replaced by the following:  ‘I. A  TARIFF QUOTAS NOT SPECIFIED BY COUNTRY OF ORIGIN   |  |  |  |  |  |  |  | | --- | --- | --- | --- | --- | --- | --- | | Quota number | CN code | Description[(1)](#ntr1-L_2014360EN.01000801-E0002) | Import duty  (EUR/100 kg net weight) | Country of origin | Annual quota  (in tonnes) | Six-monthly quota  (in tonnes) | | 09.4590 | 0402 10 19 | Skimmed-milk powder | 47,50 | All third countries | 68 537 | 34 268,5 | | 09.4599 | 0405 10 11  0405 10 19  0405 10 30  0405 10 50  0405 10 90  0405 90 10 [(\*1)](#ntr*1-L_2014360EN.01000801-E0001)  0405 90 90 [(\*1)](#ntr*1-L_2014360EN.01000801-E0001) | Butter and other fats and oils derived from milk | 94,80 | All third countries | 11 360 | 5 680 | | in butter equivalent[(\*1)](#ntr*1-L_2014360EN.01000801-E0001) | | | 09.4591 | ex 0406 10 30  ex 0406 10 50  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 | 13,00 | All third countries | 5 360 | 2 680 | | 09.4592 | ex 0406 30 10 | Processed Emmentaler | 71,90 | All third countries | 18 438 | 9 219 | | 0406 90 13 | Emmentaler | 85,80 | | 09.4593 | ex 0406 30 10 | Processed Gruyère | 71,90 | All third countries | 5 413 | 2 706,5 | | 0406 90 15 | Gruyère, Sbrinz | 85,80 | | 09.4594 | 0406 90 01 [(2)](#ntr2-L_2014360EN.01000801-E0003) | Cheese for processing | 83,50 | All third countries | 20 007 | 10 003,5 | | 09.4595 | 0406 90 21 | Cheddar | 21,00 | All third countries | 15 005 | 7 502,5 | | 09.4596 | ex 0406 10 30  ex 0406 10 50  ex 0406 10 80 | Fresh (unripened or uncured) cheese, including whey cheese, and curd, other than pizza cheese of quota number 09.4591 | 92,60  92,60  106,40 | All third countries | 19 525 | 9 762,5 | | 0406 20 00 | Grated or powdered cheese | 94,10 | | 0406 30 31 | Other processed cheese,  not grated or powdered | 69,00 | | 0406 30 39 | 71,90 | | 0406 30 90 | 102,90 | | 0406 40 10  0406 40 50  0406 40 90 | Blue-veined cheese and other cheese containing veins produced by Penicillium roqueforti | 70,40 | | 0406 90 17 | Bergkäse and Appenzell | 85,80 | | 0406 90 18 | Fromage Fribourgeois, Vacherin Mont d'Or and Tête de Moine | 75,50 |  | | 0406 90 23 | Edam | 75,50 |  | | 0406 90 25 | Tilsit | 75,50 |  | | 0406 90 29 | Kashkaval | 75,50 |  | | 0406 90 32 | Feta | 75,50 |  | | 0406 90 35 | Kefalo-Tyri | 75,50 |  | | 0406 90 37 | Finlandia | 75,50 |  | | 0406 90 39 | Jarlsberg | 75,50 |  | | 0406 90 50 | Cheese of sheep's milk or buffalo milk in containers containing brine, or in sheepskin or goatskin bottles | 75,50 |  | | ex 0406 90 63 | Pecorino | 94,10 |  | | 0406 90 69 | Other | 94,10 |  | | 0406 90 73 | Provolone | 75,50 |  | | 0406 90 74 | Maasdam | 75,50 |  | | ex 0406 90 75 | Caciocavallo | 75,50 |  | | ex 0406 90 76 | Danbo, Fontal, Fynbo, Havarti, Maribo, Samsø | 75,50 |  | | 0406 90 78 | Gouda | 75,50 |  | | ex 0406 90 79 | Esrom, Italico, Kernhem, Saint-Paulin | 75,50 |  | | ex 0406 90 81 | Cheshire, Wensleydale, Lancashire, Double Gloucester, Blarney, Colby, Monterey | 75,50 |  | | 0406 90 82 | Camembert | 75,50 |  | | 0406 90 84 | Brie | 75,50 |  | | 0406 90 86 | Other cheese of a fat content, by weight, not exceeding 40 % and a water content, by weight, in the non-fatty matter, exceeding 47 % but not exceeding 52 % | 75,50 |  | | 0406 90 89 | Other cheese of a fat content, by weight, not exceeding 40 % and a water content, by weight, in the non-fatty matter, exceeding 52 % but not exceeding 62 % | 75,50 |  | | 0406 90 92 | Other cheese of a fat content, by weight, not exceeding 40 % and a water content, by weight, in the non-fatty matter, exceeding 62 % but not exceeding 72 % | 75,50 |  | | 0406 90 93 | Other cheese of a fat content, by weight, not exceeding 40 % and a water content, by weight, in the non-fatty matter, exceeding 72 % | 92,60 |  | | 0406 90 99 | Other cheeses of a fat content, by weight, exceeding 40 % | 106,40 |  |  ; |

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| (2) | Part I.I is replaced by the following:  ‘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  (Quantity in tonnes)   |  |  |  |  |  |  | | --- | --- | --- | --- | --- | --- | | Quota number | CN code | Description[(\*2)](#ntr*2-L_2014360EN.01000801-E0004) | Applicable duty | Annual quantity | Half yearly quantity as from 1.1.2008 | | 09.4205 | 0405 10 11  0405 10 19 | Natural butter | Exemption | 350 | 175 | | 09.4206 | ex 0406 10 50 [(\*3)](#ntr*3-L_2014360EN.01000801-E0005) | “Skyr” | Exemption | 380 | 190 | |

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[(\*1)](#ntc*1-L_2014360EN.01000801-E0001)  1 kg of product = 1,22 kg butter

[(1)](#ntc1-L_2014360EN.01000801-E0002)  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)](#ntc2-L_2014360EN.01000801-E0003)  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.’

[(\*2)](#ntc*2-L_2014360EN.01000801-E0004)  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.

[(\*3)](#ntc*3-L_2014360EN.01000801-E0005)  CN code subject to modification, pending confirmation of classification of the product.’

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ANNEX II

‘II. B

PREFERENTIAL IMPORT ARRANGEMENTS TURKEY

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| Serial number | CN code | Description[(1)](#ntr1-L_2014360EN.01001201-E0001) | Country of origin | Import duty  (EUR/100 kg net weight without further indication) |
| 1 | 0406 90 29 | Kashkaval | Turkey | 67,19 |
| 2 | 0406 90 50 | Cheeses made from sheep's milk or buffalo milk, in containers containing brine, or in sheepskin or goatskin bottles | Turkey | 67,19 |
| 3 | ex 0406 90 86  ex 0406 90 89  ex 0406 90 92 | Tulum peyniri, made from sheep's milk or buffalo milk, in individual plastic or other kind of packing of less than 10 kg | Turkey | 67,19 |

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[(1)](#ntc1-L_2014360EN.01001201-E0001)  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 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.’

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ANNEX III

‘4.

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

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| Quota number | CN code | Description[(1)](#ntr1-L_2014360EN.01001202-E0001) | Country of origin | Annual quota from 1 January to 31 December  (in tonnes) | Import duty  (EUR/100 kg net weight) |
| 09.0243 | 0406 90 29 | Kashkaval | Turkey | 2 300 | 0 |
| 0406 90 50 | Cheese of sheep's milk or buffalo milk, in containers containing brine, or in sheepskin or goatskin bottles |
| ex 0406 90 86  ex 0406 90 89  ex 0406 90 92 | Tulum Peyniri, made from sheep's milk or buffalo milk, in individual plastic or other kind of packings of less than 10 kg |

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[(1)](#ntc1-L_2014360EN.01001202-E0001)  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.’

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