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 1234/20071, and in particular Article 187 thereof,

Whereas:

(1)
Commission Implementing Regulation (EU) No 1101/20142 provides for amendments in CN codes for dairy products of Chapter 4 with effect from 1 January 2015.
(2)
Commission Regulation (EC) No 2535/20013 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 products4, approved by Decision 2002/309/EC, Euratom of the Council and of the Commission5, 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 part6, approved by Council Decision 2004/441/EC7. 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:

Article 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.

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

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. ATARIFF QUOTAS NOT SPECIFIED BY COUNTRY OF ORIGIN

    Quota number

    CN code

    Description9

    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 90 108

    0405 90 908

    Butter and other fats and oils derived from milk

    94,80

    All third countries

    11 360

    5 680

    in butter equivalent8

    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 0110

    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’;

    9

    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.

    8

    1 kg of product = 1,22 kg butter

    10

    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. (2)

    Part I.I is replaced by the following:

    ‘I. ITariff quotas under Annex II to the Agreement with Iceland approved by Decision 2007/138/ECAnnual quota from 1 July to 30 June(Quantity in tonnes)

    Quota number

    CN code

    Description11

    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 5012

    “Skyr”

    Exemption

    380

    190’

    11

    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.

    12

    CN code subject to modification, pending confirmation of classification of the product.

ANNEX II

‘II. BPREFERENTIAL IMPORT ARRANGEMENTS TURKEY

Serial number

CN code

Description13

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’

13

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.

ANNEX III

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

Quota number

CN code

Description14

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’

14

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.