CELEX: 51980EC1552
Language: en
Date: 2008-07-29
Title: Draft Commission Regulation (EC) No …/… of […] laying down detailed rules for the provision of administrative assistance in connection with the export of certain cheeses eligible for special treatment on import into Australia (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C(2007)

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/…

                                                                      of […]

 laying down detailed rules for the provision of administrative assistance in connection with the export of certain cheeses eligible for special
                                                        treatment on import into Australia

                                                                (Codified version)

                                            ê 1552/80

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/…

                                                                      of […]

 laying down detailed rules for the provision of administrative assistance in connection with the export of certain cheeses eligible for special
                                                        treatment on import into Australia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2931/79 of 20 December 1979 on the granting of assistance on export of agricultural  products  which
may benefit from a special import treatment in a third country[1], and in particular Article 1(2) thereof,

Whereas:

                                            ê

   1) Commission Regulation (EEC) No 1552/80 of 20 June 1980 laying down detailed  rules  for  the  provision  of  administrative  assistance  in
      connection with the export of certain cheeses eligible for special treatment on import into Australia[2] has been substantially amended[3].
      In the interests of clarity and rationality the said Regulation should be codified.

                                            ê 1552/80 Recital 1 (adapted)

   2) The Commonwealth of Australia has agreed, in the context of GATT, to allow imports of soft ripened cheeses, Roquefort, Stilton and  cheeses
      from goats’ milk free of any quantitative restrictions.

                                            ê 1552/80 Recital 2

   3) The Community has undertaken to grant administrative assistance to  the  Australian  authorities  to  ensure  correct  application  of  the
      agreement. To this end, the cheeses concerned should be accompanied by a certificate issued by the competent authorities in the Community.

                                            ê 1552/80 Recital 3

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

                                            ê 1552/80

HAS ADOPTED THIS REGULATION:

                                            ê 222/88 Art. 16 (adapted)

                                                                    Article 1

For exports to the Commonwealth of Australia of:

Ö (a) Õ     soft ripened cheeses plus cheeses produced exclusively from goats’ milk (excluding Feta, Telemes and Kasseri) Ö ; Õ

Ö (b) Õ     Roquefort cheeses and Stilton cheese,

produced in the Community and satisfying the definition set out in Annex I, a certificate corresponding to the  specimen  set  out  in  Annex  II
shall be issued at the request of the party concerned.

                                            ê 1552/80

                                                                    Article 2

1. Certificates shall be printed on white paper and in English. Their size shall be 210 × 297 mm.  Each  certificate  shall  be  given  a  serial
number by the issuing agency.

The exporting Member State may require that the certificate to be used on its territory shall, in addition to English, be printed in one  of  its
official languages.

2. Certificates shall be made out in one original and at least two copies. These copies shall bear the same serial number as  the  original.  The
original and copies shall be completed either in typescript or in manuscript; in the latter case, they shall be completed in  block  letters  and
in ink.

                                                                    Article 3

1. The certificate and copies thereof shall be issued by the agency designated by each Member State.

2. The issuing agency shall keep one copy of the certificate. The original and the other copy shall be produced  to  the  customs  officer  where
customs export formalities for export to the Commonwealth of Australia are completed.

3. The customs office referred to in paragraph 2 shall set its stamp on the box reserved for this purpose on the original and return  it  to  the
party concerned. The copy shall be kept by that customs office.

                                                                    Article 4

The certificate shall be valid only after endorsement by the competent customs office. It shall cover the quantity of  goods  indicated  thereon.
However, a quantity exceeding by not more than 5 % the  quantity  stated  on  the  certificate  shall  be  regarded  as  being  covered  by  that
certificate.

                                                                    Article 5

Member States shall take whatever measures may be necessary for the purpose of checking the origin, type, composition and quality of the  cheeses
in respect of which certificates are issued.

                                            ê

                                                                    Article 6

Regulation (EEC) No 1552/80 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance  with  the  correlation
table in Annex IV.

                                                                    Article 7

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

                                            ê 1552/80

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

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            ê 1552/80

                                                                     ANNEX I

                                                Definition of the cheeses referred to in Article 1

1.    Soft ripened cheeses are treated or ripened by biological agents such as moulds, yeasts and other organisms which  have  caused  a  visible
       crust to form on the surface of the cheese. The treatment or ripening is so carried out that the cheese visibly cures or ripens  from  the
       surface towards the centre. The fat content by weight of dry matter must not be less than 50 %. Moisture content calculated by  weight  of
       the non-fatty matter must not be less than 65 %.

      The term 'soft ripened cheese' does not include cheeses with moulds, yeasts and other organisms on the  crust  which  also  contain  mould,
       blue or otherwise, distributed evenly throughout the interior of the cheese.

2.    Roquefort cheeses must be made in accordance with the standards laid down in the law of 29 July 1925 published in the 'Journal officiel  de
       la République française' of 30 July 1925 and must be labelled as 'Roquefort' by the 'Confédération générale des  producteurs  de  lait  de
       brebis et des industriels de Roquefort'.

3.    Stilton cheeses must be made in accordance with the regulations governing the  use  of  certification  trademarks  831407  and  831408  and
       complying with the appropriate requirements relating to the milk fat content and water content as set out in Schedule 1 to the 1970 cheese
       regulations of the United Kingdom.

4.    Goats' milk cheeses must be made 'solely from goats' milk' (excluding Feta, Telemes and Kasseri cheeses) and must bear these words  on  the
       package and/or on the label.

                                                                  _____________

                                                                     ANNEX II

                                                               EUROPEAN COMMUNITIES

                                                                      [pic]

                                                                      [pic]

                                            é

                                                                    ANNEX III

                                                      Repealed Regulation with its amendment

|Commission Regulation (EEC) No 1552/80                                               |                                               |
|(OJ L 153, 21.6.1980, p. 23)                                                         |                                               |
|Commission Regulation (EEC) No 222/88                                               |Only Article 16                               |
|(OJ L 28, 1.2.1988, p. 1)                                                           |                                              |

                                                                  _____________

                                                                     ANNEX IV

                                                                Correlation Table

|Regulation (EEC) No 1552/80                                          |This Regulation                                                      |
|Article 1 introductory sentence                                      |Article 1 introductory sentence                                      |
|Article 1 first and second indents                                   |Article 1 (a) and (b)                                                |
|Articles 2-5                                                         |Articles 2-5                                                         |
|Article 6                                                            |-                                                                    |
|-                                                                    |Article 6                                                            |
|-                                                                    |Article 7                                                            |
|Annex I                                                              |Annex I                                                              |
|Annex II                                                             |Annex II                                                             |
|-                                                                    |Annex III                                                            |
|-                                                                    |Annex IV                                                             |

                                                                  _____________

                                                             -----------------------
[1]   OJ L 334, 28.12.1979, p. 8.
[2]   OJ L 153, 21.6.1980, p. 23. Regulation as last modified by Regulation (EEC) No 222/88 (OJ L 28, 1.2.1988, p. 1).
[3]   See Annex III.