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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

EU Regulation No 1335/2014 · Adopted 16 December 2014 · Extends to United Kingdom

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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 1234/2007f1, and in particular Article 187 thereof,

Whereas:

(1)

Commission Implementing Regulation (EU) No 1101/2014f2 provides for amendments in CN codes for dairy products of Chapter 4 with effect from 1 January 2015.

(2)

Commission Regulation (EC) No 2535/2001f3 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.

(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 productsf4, approved by Decision 2002/309/EC, Euratom of the Council and of the Commissionf5, provides for the full liberalisation of the bilateral trade in cheeses as from 2007. That provision is therefore obsolete and should be deleted.

(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 partf6, approved by Council Decision 2004/441/ECf7. 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.

(5)

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

(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:

Annotations to the whole text

Footnotes

f1

OJ L 347, 20.12.2013, p. 671.

f2

Commission Implementing Regulation (EU) No 1101/2014 of 16 October 2014 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 312, 31.10.2014, p. 1).

f3

Commission Regulation (EC) 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 (OJ L 341, 22.12.2001, p. 29).

f4

OJ L 114, 30.4.2002, p. 132.

f5

Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (OJ L 114, 30.4.2002, p. 1).

f6

OJ L 311, 4.12.1999, p. 3.

f7

Council Decision 2004/441/EC of 26 April 2004 concerning the conclusion of the Trade, Development and Cooperation Agreement between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part (OJ L 127, 29.4.2004, p. 109).

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Annex IAnnex I
  5. Annex IIAnnex II
  6. Annex IIIAnnex III

1

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

  1. (1)

    In Article 4, paragraph 2 is deleted;

  2. (2)

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

  3. (3)

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

  4. (4)

    Annex I is amended in accordance with Annex I to this Regulation;

  5. (5)

    Annex II is amended as follows:

    1. (a)

      Part B is replaced by the text in Annex II to this Regulation;

    2. (b)

      Part C is deleted;

  6. (6)

    Annex VIIa is amended as follows:

    1. (a)

      Part 3 is deleted;

    2. (b)

      Part 4 is replaced by the text in Annex III to this Regulation.

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.

Signature

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

Annex I

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

  1. (1)

    Part I.A is replaced by the following:

    ‘ I. A

    TARIFF QUOTAS NOT SPECIFIED BY COUNTRY OF ORIGIN

    1 kg of product = 1,22 kg butter

    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.

    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.
    Quota numberCN codeDescriptionf1 Import duty(EUR/100 kg net weight)Country of originAnnual quota(in tonnes)Six-monthly quota(in tonnes)
    09.45900402 10 19Skimmed-milk powder47,50All third countries68 53734 268,5
    09.4599

    0405 10 11

    0405 10 19

    0405 10 30

    0405 10 50

    0405 10 90

    0405 90 10f2

    0405 90 90

    		Butter and other fats and oils derived from milk94,80All third countries11 3605 680

    in butter equivalent

    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 more13,00All third countries5 3602 680
    09.4592ex 0406 30 10Processed Emmentaler71,90All third countries18 4389 219
    0406 90 13Emmentaler85,80
    09.4593ex 0406 30 10Processed Gruyère71,90All third countries5 4132 706,5
    0406 90 15Gruyère, Sbrinz85,80
    09.45940406 90 01f3 Cheese for processing83,50All third countries20 00710 003,5
    09.45950406 90 21Cheddar21,00All third countries15 0057 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 countries19 5259 762,5
    0406 20 00Grated or powdered cheese94,10
    0406 30 31

    Other processed cheese,

    not grated or powdered

    		69,00
    0406 30 3971,90
    0406 30 90102,90

    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 17Bergkäse and Appenzell85,80
    0406 90 18Fromage Fribourgeois, Vacherin Mont d'Or and Tête de Moine75,50
    0406 90 23Edam75,50
    0406 90 25Tilsit75,50
    0406 90 29Kashkaval75,50
    0406 90 32Feta75,50
    0406 90 35Kefalo-Tyri75,50
    0406 90 37Finlandia75,50
    0406 90 39Jarlsberg75,50
    0406 90 50Cheese of sheep's milk or buffalo milk in containers containing brine, or in sheepskin or goatskin bottles75,50
    ex 0406 90 63Pecorino94,10
    0406 90 69Other94,10
    0406 90 73Provolone75,50
    0406 90 74Maasdam75,50
    ex 0406 90 75Caciocavallo75,50
    ex 0406 90 76Danbo, Fontal, Fynbo, Havarti, Maribo, Samsø75,50
    0406 90 78Gouda75,50
    ex 0406 90 79Esrom, Italico, Kernhem, Saint-Paulin75,50
    ex 0406 90 81Cheshire, Wensleydale, Lancashire, Double Gloucester, Blarney, Colby, Monterey75,50
    0406 90 82Camembert75,50
    0406 90 84Brie75,50
    0406 90 86Other 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 89Other 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 92Other 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 93Other 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 99Other cheeses of a fat content, by weight, exceeding 40 %106,40

    ’;

  2. (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)

    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.
    Quota numberCN codeDescriptionf4 Applicable dutyAnnual quantityHalf yearly quantity as from 1.1.2008
    09.4205

    0405 10 11

    0405 10 19

    		Natural butterExemption350175
    09.4206ex 0406 10 50f5 “Skyr”Exemption380190

    ’

Annex II

‘ II. B

PREFERENTIAL IMPORT ARRANGEMENTS TURKEY

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.
Serial numberCN codeDescriptionf1 Country of originImport duty(EUR/100 kg net weight without further indication)
10406 90 29KashkavalTurkey67,19
20406 90 50Cheeses made from sheep's milk or buffalo milk, in containers containing brine, or in sheepskin or goatskin bottlesTurkey67,19
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 kgTurkey67,19

’

Annex III

‘ 4.

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

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.
Quota numberCN codeDescriptionf1 Country of originAnnual quota from 1 January to 31 December(in tonnes)Import duty(EUR/100 kg net weight)
09.02430406 90 29KashkavalTurkey2 3000
0406 90 50Cheese 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

’