Search Legislation

Advanced Search

Commission Regulation (EC) No 2535/2001Show full title

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

Help about what version

What Version

Help about advanced features

Advanced Features

Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Status:

Point in time view as at 21/09/2017.

Changes to legislation:

There are currently no known outstanding effects for the Commission Regulation (EC) No 2535/2001. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

TITLE 1U.K.GENERAL PROVISIONS

Article 1U.K.

Except where otherwise stated, this Title shall apply to all imports into the Community of any of the products listed in Article 1 of Regulation (EC) No 1255/1999 (hereinafter called ‘milk products’), including imports without quantitative restrictions or measures having equivalent effect and with exemption from customs duties and charges having equivalent effect under exceptional trade measures granted by the Community to certain countries and territories.

[F1Article 2 U.K.

The products for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 (1) . The period of validity of the import licence and the amount of the security to be lodged shall be as set out in Annex II, Part I, to that Regulation, without prejudice to Article 24(3) and (4) of this Regulation.

Regulation (EC) No 376/2008 and Commission Regulation (EC) No 1301/2006 (2) shall apply, save as otherwise provided in this Regulation.]

Textual Amendments

Article 3U.K.

F21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.The eight-digit Combined Nomenclature code (hereinafter called ‘CN code’), preceded by ‘ex’ where appropriate, shall be entered in box 16 of both import licence applications and the licences themselves. Licences shall be valid only for products so designated.

[F3However, where licences are issued under import tariff quotas referred to in Chapter I and Section 2 of Chapter III of Title 2, they shall be valid for all the CN codes falling under the same quota number, provided that the import duty applied is identical.]

F23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.Licences shall be issued no later than the first working day following the day on which the application is submitted.

Textual Amendments

Article 4U.K.

1.CN code 0406 90 01, covering cheeses for processing, shall apply only to imports.

F42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

TITLE 2U.K.SPECIFIC RULES ON IMPORTS AT REDUCED DUTY

CHAPTER IU.K.Imports under quotas opened by the Community on the basis of an import licence alone

Section 1U.K.

Article 5U.K.

This Chapter shall apply to milk products imported under the following tariff quotas:

(a)

quotas for unspecified countries of origin as referred to in the CXL schedule;

(b)

[F6. . . . .]

(c)

[F7. . . . .]

(d)

[F8. . . . .]

(e)

[F7. . . . .]

(f)

[F9 [F10the quota provided for in Annex 2 to the Agreement between the Community and Switzerland on trade in agricultural products, approved by Decision 2002/309/EC, Euratom of the Council and of the Commission (3) ;] ]

(g)

[F11. . . . .]

(h)

[F12the quotas provided for in Annex V to the Agreement between the European Union and the Kingdom of Norway, approved by Council Decision 2011/818/EU (4) , hereinafter referred to as ‘the Agreement with Norway’;]

(i)

[F3the quotas provided for in Annex II to the Agreement between the Community and Iceland concerning additional trade preferences in agricultural products, approved by Council Decision 2007/138/EC (5) ;]

(j)

[F13. . . . .]

(k)

[F14the quotas referred to in Part K of Annex I [F15;] ]

(l)

[F16the quotas referred to in Part L of Annex I.]

Textual Amendments

Article 6U.K.

[F17Annex I sets out the tariff quotas, the duties to be applied, the maximum quantities to be imported each year, the import tariff quota periods and their division into subperiods.]

[F18The quantities set out in Annex I, Parts B, D and F, for each import year shall be divided into two equal parts for the six-month periods commencing on 1 July and 1 January of each year.]

Textual Amendments

Section 2U.K.

Article 7U.K.

Applicants for import licences must be approved in advance by the competent authority of the Member State in which they are established.

The authority concerned shall assign an approval number to each approved importer.

[F19 [X1Article 8 U.K.

1. By way of derogation from the first paragraph of Article 5 of Regulation (EC) No 1301/2006, approval shall be granted to applicants who, before 1 April each year, submit a request to the competent authorities of the Member State in which they are established and in which they are registered for VAT purposes, accompanied by proof that during both of the previous two calendar years they imported into or exported from the Community at least 25 tonnes of milk products covered by Chapter 04 of the Combined Nomenclature.] ]

Editorial Information

Textual Amendments

[F20Article 9 U.K.

Before [F211 May] , the competent authority shall inform applicants of the outcome of the approval procedure and their approval number where applicable. Approval shall be valid for one year.]

Textual Amendments

[F18Article 10 U.K.

[F211. Before 20 May each year, the Member States shall send their lists of approved importers, in accordance with paragraph 3 below, to the Commission, which shall forward them to the competent authorities of the other Member States.

Only importers included on a list shall be authorised to apply for licences from 1 June following, for imports during the period from 1 July to 30 June following, in accordance with Articles 11 to 14.]

2. The Commission may, at the request of the countries applying for membership for which an import quota is opened, forward a list of approved importers on condition that it obtains the consent to the proposed forwarding of the importers appearing on the list. The Member States shall take the necessary steps to seek the consent of the importers.

[F223. Member States shall notify the Commission of their lists of approved importers broken down by the approved importers who have given their consent in accordance with paragraph 2, and the other approved importers. That notification shall contain the approval number, name, address, telephone number and email address of the approved importers.] ]

Textual Amendments

Section 3U.K.

Article 11U.K.

Licence applications may be lodged only in the Member State of approval, and must bear the importer's approval number.

X2Article 12U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Article 13U.K.

1.Licence applications may show one or more of the CN codes listed in Annex I for the same quota and must indicate the quantity requested for each code.

However, a separate licence shall be issued for each code.

[F172. Licence applications shall relate to at least 10 tonnes and no more than the quantity available under the quota for the subperiod as referred to in Article 6.

However, licence applications shall relate:

(a) in the case of the quotas referred to in point (a) of Article 5, to no more than 10 % of the quantity available;

(b) in the case of the quotas referred to in point (k) of Article 5, to no more than 25 % of the quantity available.]

X23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Textual Amendments

Article 14U.K.

[F211. Licence applications may be lodged only:

(a) from 20 to 30 November, for imports during the period from 1 January to 30 June following;

(b) from 1 to 10 June, for imports during the period from 1 July to 31 December following.]

[F141a. For the quotas referred to in Part K of Annex I, licence applications may be lodged only:

(a) from 20 to 30 November, for imports during the period from 1 January to 30 June following;

(b) from 1 to 10 June, for imports during the period from 1 July to 31 December following;

(c) from 1 to 10 September, for imports during the period from 1 October to 31 December following.]

2.The security referred to in Article 15(2) of Regulation (EC) No 1291/2000 shall be EUR 35 per 100 kilograms net of product.

Textual Amendments

Section 4U.K.

[F19 [X1Article 15 U.K.

1. On the fifth working day following the end of the period for lodging applications, Member States shall notify the Commission of the applications lodged for each of the products concerned. Notifications shall include the quantities applied for under each quota number and CN code. Notifications shall be made on separate forms for each quota.] ]

Editorial Information

Textual Amendments

Article 16U.K.

[F19 [X11. Licences shall be issued by the competent authorities of the Member States within five working days following the fifth working day following the day of notification provided for in Article 15.] ]

X22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F213. By way of derogation from Article 23 of Regulation (EC) No 1291/2000, import licences shall be valid only during the subperiod for which they are issued. Import licences shall contain in box 24 one of the entries listed in Annex XX.]

4.Import licences issued under this Chapter may be transferred only to natural or legal persons approved in accordance with Section 2. When licences are transferred, the transferor shall notify the issuing body of the approval number of the transferee.

[F235. By way of derogation from point (b) of the first subparagraph of Article 11(1) in conjunction with the second subparagraph of that Article of Regulation (EC) No 1301/2006, Member States shall notify the Commission of the quantities, including nil returns, covered by import licences they have issued, within 10 working days following the end of the period for issuing those licences referred to in paragraph 1 of this Article.]

Editorial Information

Textual Amendments

Article 17U.K.

As an exception to Article 8(4) of Regulation (EC) No 1291/2000, quantities imported under this Chapter may not exceed that shown in boxes 17 and 18 of the import licence. To that end, the figure ‘0’ shall be entered in box 19 of the licence.

Article 18U.K.

1.Licence applications and licences shall show:

(a)the country of origin in box 8;

[F18(b) in box 15, the description of the product given in Annex I or, failing that, the Combined Nomenclature description for the CN code indicated for the quota concerned;]

(c)the CN code as indicated for the quota concerned, preceded by ‘ex’ where appropriate, in box 16;

[F19 [X1(d) in box 20, one of the entries listed in Annex XV.] ]

2.Licences shall carry an obligation to import from the country indicated in box 8, except in the case of imports under the quotas referred to in Annex I(A).

X23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Textual Amendments

Article 19U.K.

[F24 [X31. The reduced rate of duty shall be applied only on presentation of the declaration of release for free circulation accompanied by the import licence and, in the case of the imports referred to below, the proof of origin issued, respectively, under the following instruments:

[F6(a) Protocol 4 to the Europe Agreements concluded between the Community and Romania , and Bulgaria ;]

[F7(b) Protocol 1 to Annex IV to the ACP-EC Partnership Agreement signed at Cotonou on 23 June 2000 , applicable by virtue of Decision No 1/2000 of the ACP-EC Council of Ministers (hereinafter called ‘ the ACP-EC Partnership Agreement ’ );]

[F8(c) Protocol 3 to Decision No 1/98 of the EC-Turkey Association Council ;]

[F7(d) Protocol 1 to the Agreement with South Africa ;]

(e) Protocol 3 to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 (6) ;

(f) Protocol 3 to the Agreement with Jordan;

[F12(g) Rules referred to in point 9 of the Agreement with Norway;]

[F3(h) Protocol 3 to the Agreement with Iceland;]

[F13(i) The provisions referred to in Article 2(1)(a) of Regulation (EC) No 55/2008 [F15;] ]

[F16(j) Article 2(a) of Regulation 374/2014 of the European Parliament and of the Council (7) .] ] ]

2.Release for free circulation of products imported under the agreements referred to in paragraph 1(a) and (b) shall be subject to either presentation of the EUR.1 certificate or a declaration by the exporter in accordance with the said Protocols.

F253.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F143. For the quotas referred to in Part K of Annex I, the reduced rate of duty shall be applied on:

(a) acceptance of the declaration of release for free circulation;

(b) presentation of the import licence; and

(c) presentation of an IMA 1 certificate as set out in Annex IX, issued by an issuing body listed in Annex XII and containing the relevant particulars set out in Annex XI, which proves the eligibility requirements and the origin of the product covered by the declaration of release for free circulation.

Customs authorities shall indicate the serial number of the IMA 1 certificate on the import licence.

Article 37(2), (3) and (4) shall apply mutatis mutandis .]

Editorial Information

Textual Amendments

[F26CHAPTER IA U.K. Imports under the quotas managed in accordance with articles 308a to 308c of regulation (EEC) no 2454/93

[F27Article 19a U.K.

1. Articles 308a, 308b and 308c(1) of Regulation (EEC) No 2454/93 shall apply to the quotas laid down in Annex VIIa and provided for in:

(a) Council Regulation (EC) No 312/2003 (8) ;

(b) Council Regulation (EC) No 747/2001 (9) ;

[F4(c) Annex IV, list 4 of the Trade, Development and Cooperation Agreement with South Africa ;]

(d) Annex I to Protocol 1 to Decision No 1/98 of the EC-Turkey Association Council (10) .

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

2a. For the quota referred to in paragraph 1(d), Article 308c(2) and (3) of Regulation (EEC) No 2454/93 shall not apply for the tariff period from 1 January 2010 to 31 December 2010 .

4. Application of the reduced rate of duty shall be subject to the presentation of proof of origin issued in accordance with:

(a) Annex III to the Agreement with the Republic of Chile;

(b) Protocol 4 to the Agreement with Israel;

[F4(c) Protocol 1 to the Agreement with South Africa ;]

(d) Protocol 3 to Decision No 1/98 of the EC-Turkey Association Council.] ]

Textual Amendments

Textual Amendments

[F28CHAPTER II U.K. Non-quota imports on the basis of an import licence alone]

F29Article 20U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29Article 21U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29Article 22U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Textual Amendments

[F30CHAPTER IIa U.K. Non-quota imports without presentation of an import licence

Article 22a U.K.

1. This Article shall apply to preferential imports as referred to in Article 3 of the Agreement between the European Community and Switzerland on trade in agricultural 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.

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

Textual Amendments

CHAPTER IIIU.K.Imports under an import licence covered by an inward-monitoring arrangement (IMA 1) certificate

Section 1U.K.

[F20Article 24 U.K.

1. This section shall apply to imports under the quotas for specified countries of origin listed in the CXL schedule referred to in Annex III.B.

2. Annex III.B to this Regulation sets out the duties to be applied and the maximum quantities to be imported by import tariff quota period.

[F313. No application for a licence or certificate shall be accepted unless a security of 10 euros per 100 kilograms net of product has been lodged with the competent body not later than 1 p.m. on the day the application is lodged.

4. Licences shall be valid from the actual day of issue within the meaning of Article 22(2) of Regulation (EC) No 376/2008 until the end of the third month following that day.]

Textual Amendments

Article 25 U.K.

1. Import licences for the products listed in Annex III.B at the rate of duty indicated shall be issued only on presentation of a corresponding IMA 1 certificate, for the total net quantity indicated therein.

IMA 1 certificates must meet the requirements laid down in Articles 29 to 33. Import licences must show the number and date of issue of the corresponding IMA 1 certificate.

2. Import licences may be issued only after the competent authority has verified that Article 33(1)(e) has been complied with.

The licence issuing bodies shall transmit to the Commission a copy of the IMA 1 certificate lodged with each import licence application no later than 18.00 (Brussels time) on the day it is lodged.

Licence issuing bodies shall issue import licences on the fourth working day following, provided the Commission has not taken any special measures before that date.

[F19 [X1The competent import licence issuing body shall retain the original of each IMA 1 presented.] ] ]

Editorial Information

Textual Amendments

Article 26U.K.

1.IMA 1 certificates shall be valid from the date of issue up to the end of the eighth month following, but in no case may they remain valid for longer than the corresponding import licence or beyond 31 December of the import year for which they are issued.

2.From 1 November each year, IMA 1 certificates valid from the following 1 January may be issued for quantities covered by the quota for that import year. However, import licence applications may be lodged only from the first working day of the import year.

[ F32. . . . .]

3.Annex VIII to this Regulation sets out the circumstances in which IMA 1 certificates may be cancelled, amended, replaced or corrected.

Textual Amendments

Article 27U.K.

As an exception to Article 8(4) of Regulation (EC) No 1291/2000, the quantity imported may not exceed that shown in boxes 17 and 18 of the import licence. To that end, the figure ‘0’ shall be entered in box 19 of licences.

Article 28U.K.

1.Licence applications and licences shall show:

(a)in boxes 7 and 8, the country of provenance and the country of origin;

(b)in box 15, the product description as given in Annex III;

(c)in box 16, the CN code as given in Annex III, preceded by ‘ex’ where appropriate;

[F33(d) in box 20, where applicable, the quota number, the number of the IMA 1 certificate and its date of issue, in one of the entries listed in Annex XVII.]

2.Licences shall carry an obligation to import from the country of origin indicated in box 8.

X23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Textual Amendments

Article 29U.K.

1.IMA 1 certificates shall be drawn up on forms according to the specimen in Annex IX, except in the case of New Zealand butter, and in accordance with the requirements laid down in this Chapter.

[F342. Box 3 of IMA 1 certificates, relating to the buyer, and box 6, relating to the country of destination, shall not be completed.]

Textual Amendments

Article 30U.K.

1.The dimensions of the form referred to in Article 29 shall be 210 × 297 mm. The paper used shall weigh at least 40 g/m2 and shall be white in colour.

2.The forms shall be printed and completed in one of the official languages of the Community. They may also be printed and completed in the official language or one of the official languages of the exporting country.

3.The form shall be completed either in typescript or in manuscript. Block letters shall be used if the form is completed in manuscript.

4.Each IMA 1 certificate shall bear a serial number assigned by the issuing body.

Article 31U.K.

1.A separate IMA 1 certificate must be drawn up for each type of product referred to in Annex III and for each form of presentation thereof.

2.IMA 1 certificates must contain the particulars set out in Annex XI for each type of product and each form of presentation, except for New Zealand butter.

Article 32U.K.

[F19 [X11. A copy of the IMA 1 certificate, duly authenticated, shall be presented, along with the corresponding import licence and the products to which they relate, to the customs authorities of the importing Member State at the time the declaration of release for free circulation is lodged. Without prejudice to Article 26(1), it shall be presented while it is still valid, except in cases of force majeure .] ]

2.IMA 1 certificates shall be valid only if duly completed and authenticated by an issuing body listed in Annex XII.

3.IMA 1 certificates shall be regarded as duly authenticated where they show the date and place of issue, are stamped by the issuing body and bear the signature or signatures of the person or persons authorised to sign them.

Editorial Information

Textual Amendments

Article 33U.K.

1.Issuing bodies may be listed in Annex XII only if:

(a)they are recognised as such by the exporting country;

(b)they undertake to verify entries on the certificates;

(c)they undertake to supply the Commission and the Member States, upon request, with any information that may be required to assess the particulars set out in the certificates;

(d)they undertake, for the products listed in Annex III(A), to issue the IMA 1 certificate for the total quantity covered before the product it covers leaves the territory of the issuing country;

(e)they undertake to send to the Commission a faxed copy of each authenticated IMA 1 certificate for the total quantity covered on the date of issue or within seven days of that date at the latest and, where appropriate, notification of any cancellation, correction or amendment;

(f)in the case of products falling under CN code 0406, they undertake to notify the Commission by 15 January, for each quota separately, of:

(i)

the number of IMA 1 certificates issued for the previous quota year with the identification number of each and the quantity covered by it together with the total number of certificates issued and the total quantity covered by them for the quota year concerned, and

(ii)

the cancellation, correction or amendment of those IMA 1 certificates or the issue of copies if IMA 1 certificates, as provided for in Annex VIII(1) to (5), and in Article 32(1), and all relevant details thereof.

2.Annex XII shall be revised when the requirement referred to in paragraph 1(a) is no longer met or when an issuing body fails to fulfil one of the obligations it has undertaken.

Section 2U.K.

[F20Article 34 U.K.

1. This section shall apply to imports of butter from New Zealand under the quota numbers 09.4195 and 09.4182 as referred to in Annex III.A to this Regulation.

2. The provisions of Articles 27, 30, 31(1), 32(2) and (3) and Article 33(1) points (a) to (d) shall apply.

3. The words ‘ at least six weeks old ’ in the description of the quota for New Zealand butter shall mean at least six weeks old on the date on which a declaration of release for free circulation is presented to the customs authorities.

[F174. Annex III.A sets out the tariff quotas, the duty to be applied, the maximum quantities to be imported each year, the import tariff quota periods and their division into subperiods.]

Textual Amendments

[F17Article 34a U.K.

1. The quotas shall be divided into two parts as referred to in Annex III.A:

(a) quota No 09.4195 (hereafter called Part A) shall be distributed among Union importers who are approved according to the provisions of Article 7 and who can prove that they have imported under one of the quotas 09.4195 or 09.4182 in the course of the 24 months prior to the month of November preceding the quota year;

(b) quota No 09.4182 (hereafter called Part B) shall be reserved for applicants:

(i)

who are approved according to the provisions of Article 7; and

(ii)

who can prove that during the 12-month period prior the month of November preceding the quota year that they imported into and/or exported from the Union at least 100 tonnes of milk or milk products covered by Chapter 04 of the Combined Nomenclature in at least four separate operations.

2. Applications for import licences may be lodged only:

(a) from 20 to 30 November, for imports during the period from 1 January to 30 June following;

(b) from 1 to 10 June, for imports during the period from 1 July to 31 December following;

(c) from 1 to 10 September, for imports during the period from 1 October to 31 December following.

3. To be admissible, applications for import licences may cover, per applicant:

(a) for Part A, no more than 125 % of the quantities that they have imported under the quotas 09.4195 or 09.4182, in the course of the 24-month period prior to the month of November preceding the quota year;

(b) for Part B, not less than 20 tonnes and no more than 10 % of the available quantity for the subperiod and provided they are able to prove to the satisfaction of the competent authority of the Member State concerned that they fulfil the conditions laid down in point (b) of paragraph 1.

Subject to complying with the eligibility conditions, applicants may apply simultaneously under both parts of the quota.

The applications for import licences must be separate for Part A and for Part B.

4. Applications for import licences may be lodged only in the Member State where the approval pursuant to Article 7 has been granted, and must bear the importer’s approval number.

5. The proofs referred to in paragraphs 1 and 3 shall be furnished in accordance with the second subparagraph of Article 5 of Regulation (EC) No 1301/2006.

Those proofs shall be submitted at the time the applications for import licences are lodged and shall be valid for the relevant quota year.]

Textual Amendments

Article 35 U.K.

The security referred to in Article 15(2) of Regulation (EC) No 1291/2000 shall be EUR 35 per 100 kilograms net of product.

Textual Amendments

Article 35a U.K.

[F351. At the latest on the fifth working day following the end of the period for lodging applications, Member States shall notify the Commission of the applications lodged for each of the products concerned.]

2. Notifications shall include the quantities applied for under each quota number, broken down by CN code.

[F35At the latest on the fifth working day following the end of the period for lodging applications, the Member States shall also communicate to the Commission the names and the addresses of the applicants, broken down by quota number. This notification shall be made by electronic means using the form made available to the Member States by the Commission.]

3. The Commission shall decide within five working days after the notification period referred to in paragraph 1 to what extent applications may be accepted. Where the applied quantities do not exceed the available quota quantities, no decision is taken by the Commission and licences are issued for the quantities applied for.

Where applications for licences for a subquota exceed the available quantity for the quota period in question, the Commission shall apply a uniform allocation coefficient to the quantities for which application is made. The part of the security corresponding to the quantities not allocated shall be released.

Where, for one of the subquotas, the result of applying the allocation coefficient would be to allocate licences for less than 20 tonnes per application, the corresponding quantities available shall be awarded by the Member State concerned by drawing lots for licences of 20 tonnes each amongst the applicants who would have been allocated less than 20 tonnes as a result of applying the allocation coefficient.

Where the result of establishing lots of 20 tonnes leads to a residual quantity of less than 20 tonnes, that quantity shall be considered a single lot.

The security for applications which are not successful in the allocation by drawing lots shall be released immediately.

4. The issue of licences shall be made no more than five working days after the decision referred to in paragraph 3.

5. Import licences issued under this Regulation shall be valid until the last day of the half yearly period referred to in Annex III.A.

6. Import licences issued under this section may be transferred only to natural or legal persons approved in accordance with Article 7. Together with the request for transfer, the transferor shall notify the issuing body of the approval number of the transferee.

Textual Amendments

Article 35b U.K.

Licence applications and licences shall contain the references provided for in Article 28, except the references to the IMA 1 certificate.

Box 16 of licence applications may show one or more of the CN codes listed in Annex III.A.

Box 20 of the licences shall show the subquota period for which the licences are issued.

If a licence application indicates more than one CN code, it must specify the quantity requested for each code and a separate licence shall be issued for each code.

Textual Amendments

Article 36 U.K.

Where the New Zealand butter does not meet the compositional requirements, the quota benefit shall not be granted for the whole quantity subject to the relevant customs declaration.

Once non-conformity has been established, where the declaration of release for free circulation has been accepted the customs authorities shall collect the import duty set in Annex I to Council Regulation (EEC) No 2658/87. For that purpose an import licence at full duty shall be issued for the non-conform quantity.

The quantity shall not be attributed to the licence.

Textual Amendments

Article 37 U.K.

1. The duty rate provided for in Annex III.A shall be applied to New Zealand butter imported under the present section only on presentation of the declaration of release for free circulation accompanied by an import licence, issued in accordance with the provisions of Article 35a, and an IMA 1 certificate as referred to in Annex X issued by an issuing body listed in Annex XII, proving the eligibility requirements and the origin of the product covered by that declaration. Customs authorities shall indicate the serial number of the IMA 1 certificate on the import licence.

2. The quantity shown on the IMA 1 certificate shall be equal to the quantity shown on the customs import declaration.

3. IMA 1 certificates shall be valid from the date of issue up to the last day of the yearly import quota period.

4. The import licence can be used for one or more import declarations.]

Textual Amendments

F36Article 38U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37Article 39U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 40U.K.

1.Annex IV to this Regulation sets out the rules to be followed for completing IMA 1 certificates and monitoring the weight and fat content of the butter, and the consequences of such monitoring.

[ F36. . . . .

F36. . . . .

F36. . . . .]

[F222. Member States shall notify the Commission of the results of the monitoring carried out for each quarter under Annex IV by the 10th of the following month. That notification shall contain the following information:

(a) general information:

(i)

name of the butter manufacturer;

(ii)

lot identification code;

(iii)

size of the lot in kg;

(iv)

date of the checks (day/ month/ year);

(b) weight check:

(i)

size of the random sample (number of cartons);

(ii)

data in respect of the mean:

  • arithmetic mean of the net weight per carton in kg (as specified on the IMA 1 certificate- box 9),

  • arithmetic mean of the net weight of the sample cartons in kg,

  • whether the arithmetic mean of the net weight determined in the Union shows a significant difference to the declared value (N= no, Y = yes);

(iii)

data in respect of the standard deviation:

  • standard deviation of the net weight per carton in kg (as specified on the IMA 1 certificate – box 9),

  • standard deviation of the net weight of the sample cartons (kg),

  • whether the standard deviation of the net weight of the net weight determined in the Union shows a significant difference to the declared value (N= no, Y = yes);

(c) check of the fat content:

(i)

size of the random sample (number of cartons);

(ii)

data in respect of the mean:

  • arithmetic mean of the fat content of the sample cartons in % of fat,

  • whether the arithmetic mean of the fat content determined in the Union exceeds 84,4 % (N= no, Y = yes).]

Textual Amendments

Article 41U.K.

1.At all stages in the marketing of New Zealand butter imported into the Community under this Chapter, the New Zealand origin shall be marked on its packaging and on the corresponding invoice or invoices.

2.As an exception to paragraph 1, where New Zealand butter is blended with Community butter and where the blended butter is intended for direct consumption and put up in packages of 500 grams or less, the New Zealand origin of the blended butter need be stated only on the corresponding invoice.

3.In the cases referred to in paragraphs 1 and 2, invoices shall also state:

‘Butter imported under Section 2 of Chapter III of Commission Regulation (EC) No 2535/2001: not eligible for the grant of aid for butter under Article 1(1) of Commission Regulation (EEC) No 429/90 or under Article 1(2)(a) of Commission Regulation (EC) No 2571/97 nor for the grant of an export refund under Article 31(10) and (11) of Council Regulation (EC) No 1255/1999, except where provided for in Article 31(12) of that Regulation or in Article 7a of Commission Regulation (EC) No 1222/94.’

Article 42U.K.

IMA 1 certificates shall be drawn up according to the specimen in Annex X, in accordance with the requirements laid down in this Section and in Article 40(1) of this Regulation.

CHAPTER IVU.K.Checks on reduced-duty imports

Article 43U.K.

1.The Community customs offices where products are declared for release for free circulation into the Community shall scrutinise the documents submitted in support of a declaration of release for free circulation claiming reduced-tariff treatment.

They shall also make physical checks on the products, on the basis of the said documents.

2.Member States shall take the necessary measures to establish a system to carry out the physical checks under the second subparagraph of paragraph 1 without prior warning, based on a risk-analysis assessment.

However, up to the end of 2003, the system shall ensure that at least 3 % of the declarations of release for free circulation per Member State and per calendar year are physically checked.

When calculating the minimum rate of physical checks to be carried out, Member States may opt to disregard import declarations involving quantities not exceeding 500 kg.

Article 44U.K.

1.Commission Regulation (EC) No 213/2001(11) shall apply as regards the reference methods to be used for analysing products as provided for in this Regulation to determine whether their composition conforms to the declaration of release for free circulation.

2.Each customs office shall produce a detailed examination report for each physical check carried out. This report shall bear the examination date and shall be retained for at least three calendar years.

3.[F33Where a physical check has been carried out, box 32 of import licences, or the message box in electronic licences, shall contain one of the entries listed in Annex XIX.]

The customs authorities shall assess the results of the first analysis within 20 working days of the date on which the physical check is carried out. Where the definitive results establish non-conformity, these results and, where appropriate, the licence shall be sent to the competent licence-issuing authority within 10 working days from the date on which the results are established.

Without prejudice to Article 248 of Commission Regulation (EEC) No 2454/93(12), where a physical check for composition has been carried out prior to presentation of the endorsed import licence under Article 33(1)(a) of Regulation (EC) No 1291/2000, the security shall be released.

4.Each case of non-conformity with the declaration of release for free circulation shall be notified to the Commission within 10 working days of such non-conformity being established by the customs authorities, specifying in what way the products do not conform and the rate of duty applied as a result of the non-conformity finding.

Textual Amendments

[F22Article 45 U.K.

Within the framework of import tariff quotas, Member States shall notify the Commission of the details of the quantities of products put into free circulation, in accordance with Article 4 of Regulation (EC) No 1301/2006.]

Textual Amendments

[F38Article 45a U.K.

The notifications referred to in this Regulation, except those referred to in Article 15, Article 35a(1) and Article 45, shall be made in accordance with Commission Regulation (EC) No 792/2009 (13) .]

Textual Amendments

TITLE 3U.K.TRANSITIONAL AND FINAL PROVISIONS

Article 46U.K.

The Member States shall take the measures necessary to check that the system of licences and certificates introduced by this Regulation is operating correctly.

Article 47U.K.

Approval as provided for in Article 7 shall not be required for the period from 1 January to 30 June 2002.

For that period, licence applications for the quotas covered by Chapter I of Title 2 may be lodged only in the Member State where the applicant is established, and shall be accepted only if the proof required under Article 8(1)(a) is presented, to the satisfaction of the competent authority, when the application is lodged.

The restrictions provided for in Article 16(4) shall not apply to transfers of import licences as referred to in Chapter I of Title 2 issued during the period from 1 January to 30 June 2002.

For the periods from 1 January to 30 June 2002 and from 1 July to 31 December 2002, the reference year referred to in Article 8(1)(a) shall be 2001, or 2000 if the importer concerned can prove that it was not able to import or export the required quantities of milk products during 2001 as a result of exceptional circumstances.

Article 48U.K.

Regulations (EEC) No 2967/79, (EC) No 2508/97, (EC) No 1374/98 and (EC) No 2414/98 are hereby repealed.

They shall continue to apply to licences applied for before 1 January 2002.

References to the repealed Regulations shall be construed as references to this Regulation.

Article 49U.K.

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

It shall apply to import licences applied for from 1 January 2002.

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources