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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)

[F1. . . . .]

(c)

[F2. . . . .]

(d)

the quotas referred to in Annex I to Protocol 1 to Decision No 1/98 of the EC-Turkey Association Council;

(e)

[F2. . . . .]

(f)

[F3 [F4the 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 (1) ;] ]

(g)

[F5. . . . .]

(h)

[F6the quotas provided for in Council Decision 2003/465/EC (2) [F4;] ]

(i)

[F7the 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 (3) ;]

(j)

[F8the quota No 09.4210 provided for in Annex I to Council Regulation (EC) No 55/2008 (4) .]

Textual Amendments

Article 6U.K.

[F9 [X1Annex 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 two equal parts for six-month periods.] ]

[F10The 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.]

Editorial Information

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.

[F9 [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

[F11Article 9 U.K.

Before [F121 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

[F10Article 10 U.K.

[F121. 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.

3. The Member States shall forward their lists of approved importers in accordance with the model at Annex XIV, showing in Part A of that Annex the approved importers who have given their consent in accordance with paragraph 2, and in Part B of that Annex the other 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.

[F132. Licence applications shall relate to at least 10 tonnes and no more than the quantity available under the quota for the six-month period as referred to in Article 6.

However, in the case of the quotas referred to in Article 5(a), licence applications shall relate to no more than 10 % of the quantity available.]

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

Editorial Information

Textual Amendments

Article 14U.K.

[F121. 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.]

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.

[F9 [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.

[F9 [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.] ]

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[F123. 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.

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;

[F10(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;

[F9 [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).

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Editorial Information

Textual Amendments

Article 19U.K.

[F141. 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:

[F1(a) Protocol 4 to the Europe Agreements concluded between the Community and Romania , and Bulgaria ;]

[F2(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 ’ );]

(c) Protocol 3 to Decision No 1/98 of the EC-Turkey Association Council (5) ;

[F2(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;

(g) Rules referred to in point 10 of the Agreement with Norway [F4;]

[F7(h) Protocol 3 to the Agreement with Iceland;]

[F8(i) the provisions referred to in Article 2(1)(a) of Regulation (EC) No 55/2008.] ]

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.

[F33. When completing the customs formalities, importers shall be required to indicate, for imports of cheese as referred to in Annex XIII and covered by the quotas referred to in Article 5, in box 31 of the import declaration, the dry matter content by weight (%), the fat content by weight (%) in the dry matter and, where appropriate, the fat content by weight (%). Where the contents shown exceed those given in Annex XIII, the competent authorities shall notify the Commission thereof at the earliest opportunity by forwarding to it a copy of the import declaration and a copy of the relevant import licence.]

Textual Amendments

[F15CHAPTER IA U.K. Imports under the quotas managed in accordance with articles 308a to 308c of regulation (EEC) no 2454/93

Article 19a U.K.

[F131. [X3Articles 308a to 308c(1) of Regulation (EEC) No 2454/93 shall apply to the quotas given in Annex VIIa and provided for in:]

(a) Council Regulation (EC) No 312/2003 (7) ;

(b) Council Regulation (EC) No 747/2001 (8) ;

(c) Annex IV, List 4 to the Agreement on Trade, Development and Cooperation with South Africa (9) .]

[F162. Imports under the quotas referred to in paragraph 1 shall not be subject to the presentation of an import licence.]

F173.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F134. 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 Chile;

(b) Protocol 4 to the Agreement with Israel;

(c) Protocol 1 to the Agreement with South Africa (10) .] ]

Editorial Information

Textual Amendments

Textual Amendments

CHAPTER IIU.K.Non-quota imports on the basis of an import licence alone

Article 20U.K.

1.This Chapter shall apply to preferential imports not subject to quotas as referred to in the following agreements and acts:

[F2(a) Regulation (EC) No 2286/2002;]

(b)Annex I to Protocol 1 to Decision No 1/98 of the EC-Turkey Association Council;

(c)Annex IV to the Agreement with South Africa;

[F16(d) Annex 2 to the Agreement between the European Community and Switzerland on trade in agricultural products.]

2.Annex II to this Regulation lists the products concerned and the rates of duty applicable.

F173.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 21U.K.

1.Licence applications and licences shall show:

(a)the country of origin in box 8;

(b)in box 15:

(i)

for imports originating in Turkey and Switzerland: the detailed description of the product as given in Annex II(B) and (D), respectively;

(ii)

for other imports: a detailed description of the product, in particular the raw material used and the fat content by weight ( %). For products falling within CN code 0406, the fat content, by weight ( %), in the dry matter and the water content, by weight ( %), in the non-fatty matter must also be indicated;

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

[F18(d) in box 20, one of the entries listed in Annex XVI.]

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

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Editorial Information

Textual Amendments

Article 22U.K.

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 the proof of origin issued, respectively, under the following Protocols:

(a)

[F2. . . . .]

(b)

Protocol 3 to Decision No 1/98 of the EC-Turkey Association Council;

(c)

Protocol 1 to the Agreement with South Africa;

(d)

Protocol 3 to the Agreement between the European Economic Community and the Swiss Confederation signed at Brussels on 22 July 1972(11), as amended by Decision No 1/2001 of the EC-Switzerland Joint Committee of 24 January 2001(12).

Textual Amendments

F19Article 23U.K.

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Textual Amendments

[F20CHAPTER 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.

[F11Article 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.

[F213. 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.

[F9 [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.

[ F22. . . . .]

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;

[F18(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.

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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.

2.Box 3 of IMA 1 certificates, relating to the buyer, and box 6 relating to the country of destination shall not be completed, except in the case of Cheddar cheese provided for under quota No 09.4513 in Annex III.

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.

[F9 [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.

[F11Article 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.

4. Annex III.A sets out the tariff quotas, the duty to be applied and the maximum quantities to be imported during each import tariff quota period or subperiod.

Textual Amendments

Article 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 Community importers who are approved according to the provisions of Article 7 and who can prove:

(i)

for the quota year 2007, that they have imported under the quota 09.4589 during 2006,

(ii)

for the quota year 2008, that they have imported under one of the quotas 09.4589, 09.4195 or 09.4182 in the period from 1 January 2006 until 31 December 2007 ,

(iii)

for the following quota years, that they have imported under one of the quotas 09.4589, 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, or

(ii)

for the period January to June 2007 for applicants established in Bulgaria and Romania, who comply with the provisions of Article 1(2) of Commission Regulation (EC) No 2018/2006 (13) ,

and

(iii)

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 Community at least 100 tonnes of milk or milk products covered by Chapter 04 of the Combined Nomenclature in at least 4 separate operations.

However, for the quota years 2007 and 2008, the 12 month period referred to shall be respectively the calendar year 2006 and 2007.

2. The trade performance proofs referred to under points (a) and under points (b)(ii) and (iii) of paragraph 1 shall be valid for both half yearly periods of the quota year.

3. Licence applications may be lodged only during the first 10 days of the following months:

(a) in January 2007 and 2008 for the quota subperiod January-June; however for January 2007 licence applications may be lodged during the first 15 days;

(b) in the month of November for the following January-June quota subperiods;

(c) in the month of June for the quota subperiod July-December.

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

(a) For part A, no more than 125 %:

(i)

for the quota year 2007, of the quantity of products that they have imported under the quota 09.4589 in 2006,

(ii)

for the quota year 2008, of the total quantity of products that they have imported under the quotas 09.4589, 09.4195 and 09.4182, in 2006 and 2007,

(iii)

for the following quota years, of the quantities that they have imported under the quotas 09.4589, 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 paragraph 1 point b.

The proofs referred to above shall be submitted at the time the applications for licences are lodged.

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

The licence applications must be separate for part A and for part B.

Proof of imports or exports shall be furnished in accordance with the second subparagraph of Article 5 of Regulation (EC) No 1301/2006.

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

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.

1. At the latest on the third 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.

[F23Before the 15 th of the month of application, 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

F17Article 38U.K.

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Textual Amendments

Article 39 U.K.

Member States shall notify the Commission, by 31 January following the end of a given quota year, of the definitive monthly quantities and the total quantity for that quota year of products for which declarations of release for free circulation have been accepted under the tariff quota referred to in paragraph 1 during the previous quota year.

The monthly notifications shall be made by the 10th of the month following that during which the declarations of release for free circulation are accepted.]

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.

[ F17. . . . .

F17. . . . .

F17. . . . .]

2.Member States shall notify the Commission of the results of the monitoring carried out for each quarter under Annex IV using the standard form set out in Annex V by the 10th of the following month.

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(14) 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.[F18Where 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(15), 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

Article 45U.K.

1.For the purpose of monitoring quantities under tariff quotas, account shall be taken of all quantities for which declarations of release for free circulation have been accepted during the quota period concerned.

2.Each Member State shall notify the Commission by 15 March following each quota year ending on 31 December, and by 15 September following each quota year ending on 30 June, separately for each quota and country of origin, except in the case of New Zealand butter, of the definitive total quantity for the quota year for which declarations of release for free circulation have been accepted.

(13)

[F11See page 46 of this Official Journal.]

Textual Amendments