In accordance with the concessions made in the framework of the World Trade Organisation, approved by Decision 94/800/EC, Decision No 1/98 of the EC-Turkey Association Council of 25 February 1998 on the trade regime for agricultural products(1), the Agreement on Trade, Development and Cooperation with the Republic of South Africa the provisional application of which was approved by Decision 1999/753/EC(2), the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, approved by Decision 2002/309/EC/Euratom, the Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning certain agricultural products approved by Council Decision 2011/818/EU(3), the Economic Partnership Agreement between the CARIFORUM States approved by Decision 2008/805/EC(4), tariff quotas are open for imports into the Union of milk products, subject to the conditions laid down in this Regulation. In accordance with the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part approved by Decision (EU) 2017/1247, tariff quotas are open for imports into the Union of milk products, subject to the conditions laid down in this Regulation.
In accordance with the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products, approved by Council Decision (EU) 2017/1913(5), tariff quotas are open for imports into the Union of milk products, subject to the conditions laid down in this Regulation.
Milk and milk products tariff quotas and their specific conditions are laid down in Annex IX.
1.This Article applies to tariff quotas under order numbers 09.4514 and 09.4515.
2.Customs authorities shall indicate the serial number of the IMA 1 certificate in Section 31 of the import licence.
3.IMA 1 certificates shall be drawn up in accordance with the model set out in Annex XIV.
1.This Article applies to tariff quotas under order numbers 09.4195 and 09.4182.
2.Customs authorities shall indicate the serial number of the IMA 1 certificate in Section 31 of the import licence.
3.‘At least six weeks old’ in the description of the tariff quotas for New Zealand butter means at least six weeks old on the date on which a declaration of release for free circulation in the Union is presented to the customs authorities.
4.At all stages in the marketing of butter originating in New Zealand imported into the Union, the New Zealand origin shall be marked on its packaging and on the corresponding invoice. Where butter originating in New Zealand is blended with butter originating in the Union and where the blended butter is intended for direct consumption and marketed in packages of 500 grams or less, the New Zealand origin of the blended butter shall be stated only on the corresponding invoice.
5.IMA 1 certificates shall be drawn up in accordance with the model set out in Annex XIV.
6.By way of derogation from Article 5(1), for the New Zealand butter tariff quota under order number 09.4195, applications for import licences shall not cover, per applicant, more than 125 % of the quantities that the applicant has released for free circulation under the tariff quota order numbers 09.4195 and 09.4182, in the course of the 24-month period prior to the month of November preceding the tariff quota period.
7.By way of derogation from Article 5(1), for the New Zealand butter tariff quota under order number 09.4182, applications for import licences shall not cover, per applicant, less than 20 tonnes and more than 10 % of the quantity available for the tariff quota sub-period.
8.The quantities notified by the competent authorities to the Commission for tariff quotas under order numbers 09.4195 and 09.4182 shall be broken down by CN code.
1.Rules for monitoring the weight and fat content and the consequences of such monitoring are set out in Part A.3 of Annex XIV.5. Control on declarations for release for free circulation in the Union shall include the checks laid down in Annex XIV. Where the butter does not meet the compositional requirements, the tariff preference shall not be granted for the whole quantity covered by the relevant customs declaration. Once non-conformity is established and the declaration of release for free circulation is accepted, the customs authorities shall collect the import duty set in Annex I to Council Regulation (EEC) No 2658/87(6). The operator may return the licence for the non-conform quantity, in which case the licence issuing authority shall notify this quantity as unused, and the corresponding security shall be released.
2.Member States shall notify the Commission of the results of the monitoring carried out in each quarter under Part A.3 of Annex XIV.5 by the 10th day of the first month of the following quarter. That notification shall contain the following information:
(a)general information:
name of the butter manufacturer;
lot identification code;
size of the lot in kg;
date of the checks (day/ month/ year);
(b)weight check: the size of the random sample (number of cartons);
(c)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);
(d)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 determined in the Union shows a significant difference to the declared value (N= no, Y = yes);
(e)check of the fat content;
(f)size of the random sample (number of cartons);
(g)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).
1.Tariff quotas managed with documents issued by third countries are listed in Annex I.
2.Import licences for those tariff quotas shall cover the total net quantity indicated on the IMA1 certificate.
1.IMA 1 certificates shall be drawn up in accordance with the model set out in Annex XIV. However box 3, relating to the buyer, and box 6, relating to the country of destination, shall not be completed.
Each IMA 1 certificate shall bear a serial number assigned by the issuing body. A separate IMA 1 certificate must be drawn up for each type of product referred to in Annex IX.
2.The certificate shall cover the total quantity of products intended to leave the territory of the issuing country.
3.IMA 1 certificates shall be valid from the date of their issue until the end of the eighth month following their issue. They shall not remain valid beyond 31 December of the year in which they were issued.
4.By way of derogation from paragraph 3, IMA 1 certificates valid from 1 January may be issued as of 1 November of the previous year. However, the related import licence applications may be lodged only from the first day of the tariff quota period.
5.The circumstances under which IMA 1 certificates may be cancelled, amended, replaced or corrected are set out in Annex XIV.
6.A duly authenticated copy of the IMA 1 certificate 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 in the Union is lodged. The IMA 1 certificate must be presented while it is valid, except in cases of force majeure.
1.IMA 1 certificates shall be valid only if duly completed and authenticated by an issuing body listed in Annex XIV. 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 of the person authorised to sign them.
2.Issuing bodies shall be listed in Annex XIV only if:
(a)they are recognised as such by the exporting country;
(b)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;
(c)they undertake to send to the Commission a copy of each authenticated IMA 1 certificate with the related identification number and the total quantity covered, on the date of issue or within seven days of that date at the latest and, where appropriate, to notify any cancellation, correction or amendment. Such submission should take place by means of the information system referred to in Article 72(8);
(d)in the case of products falling under CN code 0406, where the exporting country issuing IMA 1 certificates does not have access to the information system referred to in Article 72(8), it shall undertake to notify the Commission by 15 January, for each quota separately, of:
the total number of IMA 1 certificates issued for the previous quota year, the identification number of each IMA 1 certificate and the quantity covered by it;
the total number of IMA 1 certificates issued for the tariff quota period concerned and the total quantity covered by those certificates; and
the cancellation, correction or amendment of those IMA 1 certificates or the issue of copies of IMA 1 certificates, as provided for in Annex XIV, and all relevant details thereof.
3.Where an issuing body no longer meets the requirements specified in this Article, it shall be removed from Annex XIV.
1.In accordance with the Economic Partnership Agreement between the Cariforum States, of the one part, and the European Community and its Member States, a tariff quota is open for exports to the Dominican Republic of milk powder of EU origin, subject to the conditions laid down in this Regulation.
2.An export quota of 22 400 tonnes of all the products falling under CN codes 0402 10, 0402 21 and 0402 29 shall be allocated to Union exporters.
3.The quota period shall run from 1 July to 30 June of the following year.
4.Union exporters shall be operators whose name and EORI number appear on the relevant export declaration. They shall present to the competent authorities of the Dominican Republic, for each consignment, a certified copy of the export licence and a duly endorsed copy of the export declaration.
5.Applications for export licences can be lodged for all the products falling under CN codes 0402 10, 0402 21 and 0402 29, which were produced entirely within the Union from milk produced entirely within the Union. The applicants shall declare in writing, that these conditions are met. They shall also undertake, in writing, to provide, at the request of the competent authorities, evidence that these conditions are met. The competent authorities may verify the evidence provided through on-the-spot controls.
1.Licences issued under the quota opened by the Dominican Republic shall give rise to an obligation to export to the Dominican Republic.
2.The security for a licence shall be released on presentation of the proof referred to in Article 14(4) and (5) of Implementing Regulation (EU) 2016/1239, and of the following:
(a)a copy of the electronic or paper Bill of Lading or overseas Transport Bill or Airway Bill, as the case may be, relating to the products for which the customs export declaration was lodged, stating the Dominican Republic as the final destination; or
(b)a print out of the electronic tracking and tracing information of the transport, generated independently by the exporter, insofar as it can be linked to the customs export declaration, stating the Dominican Republic as the final destination.
3.The export licence application and the export licence shall contain the following information:
(a)Section 7 shall indicate as country of destination ‘Dominican Republic’; box ‘yes’ in that section shall be crossed;
(b)Section 20 shall indicate:
‘Implementing Regulation (EU) 2020/761
Tariff quota for 1 July 20… to 30 June 20…, for milk powder according to Appendix 2 of Annex III to the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part, the signature and provisional application of which has been approved by Council Decision 2008/805/EC’.
1.Where licence applications are submitted for quantities higher than the quantities available, the Commission shall calculate an allocation coefficient. The amount resulting from the application of the allocation coefficient shall be rounded down to the nearest kilogram.
2.If the application of the allocation coefficient results in a quantity per applicant of less than 20 tonnes, applicants may withdraw their licence applications. In such cases, they shall notify the licence issuing authority within three working days following the publication by the Commission of the allocation coefficient. The security shall be released immediately after receipt of such notification.
3.The licence issuing authority shall notify the Commission within 10 days following the publication of the allocation coefficient, of the quantities, broken down by product CN code, for which licence applications were withdrawn.
In accordance with the concessions made in the framework of the World Trade Organisation, tariff quotas are open for export to the United States of America of milk products of EU origin falling within CN code 0406, subject to the conditions laid down in this Regulation.
The volume of each tariff quota and the export tariff quota period for that quota are specified in Annex XIII to this Regulation.
1.Products falling within CN code 0406 as set out in Annex XIII shall be subject to presentation of an export licence where they are exported to the United States of America under:
(a)the additional quota under the WTO Agriculture Agreement;
(b)the tariff quotas originally resulting from the Tokyo Round and granted to Austria, Finland and Sweden by the United States in Uruguay Round list XX;
(c)the tariff quotas originally resulting from the Uruguay Round and granted to the Czech Republic, Hungary, Poland and Slovakia by the United States in Uruguay Round list XX.
2.By way of derogation from Article 6, applications for export licences shall be lodged with the competent authorities from 1 to 10 September of the year preceding the quota year for which export licences are allocated. All applications shall be lodged simultaneously with the licence issuing authority of a Member State.
3.Section 16 of licence applications and licences shall show the eight-digit CN code. However, the licences shall also be valid for any other code falling under CN heading 0406.
4.Applicants for export licences shall provide evidence that their designated importer is a subsidiary of the applicant.
5.Applicants for export licences shall indicate in the application:
(a)the designation of the product group covered by the United States of America quota in accordance with Additional Notes 16 to 23 and 25 in Chapter 4 of the Harmonized Tariff Schedule of the United States of America;
(b)the product names in accordance with the Harmonized Tariff Schedule of the United States of America;
(c)the name and address of the importer in the United States of America designated by the applicant.
6.The export licence application and the export licence shall contain the following information:
(a)Section 7 shall indicate as country of destination ‘United States of America’; box ‘yes’ in that section shall be crossed;
(b)Section 20 shall indicate:
‘For export to the United States of America;
Quota for calendar year xxxx — Articles 58 to 63 of Implementing Regulation (EU) 2020/761;
Quota identification: …;
Valid from 1 January to 31 December xxxx’;
(c)Section 22 shall indicate: ‘the license is valid for all the products falling under Heading 0406 of the CN’.
7.For each quota identified in column (3) of Annex XIV.5 – B1, each applicant may lodge one or more licence applications provided that the total quantity applied for per quota does not exceed the maximum quantity limits fixed in the following subparagraphs.
For this purpose, where, for the same group of products referred to in column (2) of Annex XIV.5 — B1, the available quantity in column (4) is divided between the Uruguay Round quota and the Tokyo Round quota, both quotas have to be considered as two separate quotas.
As regards the quotas identified as 22-Tokyo, 22-Uruguay, 25-Tokyo and 25-Uruguay in column (3) of Annex XIV.5 – B1, the total quantity applied for per applicant per quota shall cover at least 10 tonnes and shall not exceed the quantity available under the quota concerned as set out in column (4) of that Annex.
As regards the other quotas identified in column (3) of Annex XIV.5 – B1, the total quantity applied for per applicant per quota shall cover at least 10 tonnes and no more than 40 % of the quantity available under the quota concerned as set out in column (4) of that Annex.
8.Applications for export licences shall be accompanied by a declaration from the designated United States importer stating its eligibility for import under the United States rules on dairy tariff-rate quota import licensing laid down in part 6 of subtitle A of Title 7 of the Code of Federal Regulations.
9.Information on the quotas opened by the United States of America shall be provided together with the export licence application and presented in accordance with the model set out in Annex XIV.
10.By way of derogation from Article 11 of this Regulation, export licences shall be issued by 15 December of the year preceding the quota year for the quantities for which the licences are allocated.
The security for a licence shall be released on presentation of the proof set out in Article 14(4) and (5) of Implementing Regulation (EU) 2016/1239 and of the following:
a copy of the electronic or paper Bill of Lading or overseas Transport Bill or Airway Bill, whatever applies, relating to the products for which the customs export declaration was lodged, indicating the United States of America as the final destination; or
a print out of the electronic tracking and tracing information of the transport, generated independently by the exporter, insofar as it can be linked to the customs export declaration, indicating the United States of America as the final destination.
1.By 18 September of each year, Member States shall notify the Commission of the applications lodged for each of the cheese quotas opened by the United States of America. The fact that no applications were lodged shall also be notified.
2.For each quota, the notification shall comprise:
(a)a list of applicants, stating their name, address and EORI number;
(b)the quantities applied for by each applicant broken down by CN code and by the code of the Harmonised Tariff Schedule of the United States of America;
(c)the name, address and reference number of the importer designated by the applicant.
3.Before 15 January of each year, Member States shall notify the Commission of the quantities, broken down by CN code, for which they have issued licences.
1.By way of derogation from Article 10, where applications for export licences for a quota exceed the quantity available for the year concerned, the Commission shall calculate and publish an allocation coefficient by 31 October. If necessary, an allocation coefficient higher than 100 % may be applied.
2.Where, as the result of applying the allocation coefficient, the allocated quantities would be less than 10 tonnes per quota for an applicant, the applicant may withdraw the licence application. In such cases, the applicant shall notify the licence issuing authority thereof within three working days following the publication by the Commission of the allocation coefficient.
3.The competent authority shall notify the Commission, within 10 calendar days following the publication of the allocation coefficient, of the quantities, broken down by CN code, for which licence applications were withdrawn.
4.Where applications for export licences do not exceed the quantity available for the year concerned, the Commission shall allocate the remaining quantities to applicants in proportion to the quantities applied for, by fixing an allocation coefficient. The amount resulting from the application of the coefficient shall be rounded down to the nearest kg. In that case, the operators shall inform the licence issuing authority of the Member States concerned of the supplementary quantity they accept, within a week from the publication of the allocation coefficient. The security to be lodged shall be increased accordingly.
5.The competent authority shall notify the Commission, within two weeks from the publication of the allocation coefficient, of the supplementary quantities that were accepted by the operators, broken down by CN code.
1.The names of the designated importers and the quantities allocated shall be communicated by the Commission to the competent authorities of the United States of America.
2.Where an import licence for the quantities concerned is not allocated to the designated importer, in circumstances which do not cast doubt on the good faith of the operator submitting a declaration of eligibility under the U.S Department of Agriculture (USDA) rules on dairy tariff-rate quota import licensing laid down in part 6 of subtitle A of Title 7 of the Code of Federal Regulations (CFR), the operator may be authorised by the licence issuing authority to designate another importer stated on the USDA list of approved importers and communicated in accordance with paragraph 1.
3.The licence issuing authority shall notify the Commission, as soon as possible, of the change of the designated importer and the Commission shall notify the change to the competent authorities of the United States of America.
1.In accordance with the Agreement for the conclusion of negotiations between the European Community and Canada under Article XXIV:6 and an Exchange of Letters relating thereto, approved by Council Decision 95/591/EC(7), a tariff quota is open for exports to Canada of cheese, subject to the conditions laid down in this Regulation.
The volume of products and the tariff quota period for that quota are specified in Annex XIII to this Regulation.
2.An export licence shall be required for exports of cheese to Canada under that quota as set out in Annex XIII.
3.Licence applications shall be admissible only where applicants declare in writing that all material falling within Chapter 4 of the Combined Nomenclature and used in the manufacture of products covered by their application has been produced entirely within the Union from milk produced entirely within the Union. The applicants shall also undertake in writing, to provide, at the request of the competent authorities, evidence that those conditions are met. The competent authorities may verify that evidence through on-the-spot controls.
4.The export licence application and the export licence shall contain the following information:
(a)Section 7 shall indicate as country of destination ‘Canada’; box ‘yes’ in that section shall be crossed;
(b)Section 15 shall indicate the six-digit description of the goods in accordance with the Combined Nomenclature for products falling within CN codes 0406 10, 0406 20, 0406 30 and 0406 40 and the eight-digit description for products falling within CN code 0406 90. Section 15 may contain no more than six products thus described;
(c)Section 16 shall indicate the eight-figure CN code and the quantity in kilograms for each of the products referred to in Section 15. The licence shall be valid only for the products and quantities so designated;
(d)Sections 17 and 18 shall indicate the total quantity of products referred to in Section 16;
(e)Section 20 shall indicate one of the following entries, as appropriate:
‘Cheeses for direct export to Canada. Article 64 of Implementing Regulation (EU) 2020/761 – Quota for calendar year xxxx’;
‘Cheeses for export directly/via New York to Canada. Article 64 of Implementing Regulation (EU) 2020/761 – Quota for calendar year xxxx’.
Where cheese is transported to Canada via third countries, such countries must be indicated instead of, or with, a reference to New York;
(f)Section 22 shall indicate: ‘without export refund’.
5.When applying for an import licence, an export licence titular holder shall present the original export licence or a certified copy of the export licence to the competent Canadian authority.
Decision No 1/98 of the EC-Turkey Association Council of 25 February 1998 on the trade regime for agricultural products – Protocol 1 concerning the preferential regime applicable to the importation into the Community of agricultural products originating in Turkey – Protocol 2 concerning the preferential regime applicable to the importation into Turkey of agricultural products originating in the Community – Protocol 3 on rules of origin – Joint declaration concerning the Republic of San Marino – Joint Declaration (OJ L 86, 20.3.1998, p. 1).
Council Decision 1999/753/EC of 29 July 1999 concerning the provisional 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 part (OJ L 311, 4.12.1999, p. 1).
Council Decision 2011/818/EU of 8 November 2011 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products reached on the basis of Article 19 of the Agreement on the European Economic Area (OJ L 327, 9.12.2011, p. 1).
Council Decision 2008/805/EC of 15 July 2008 on the signature and provisional application of the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (OJ L 289, 30.10.2008, p. 1).
Council Decision (EU) 2017/1913 of 9 October 2017 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products (OJ L 274, 24.10.2017, p. 57).
Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
Council Decision 95/591/EC of 22 December 1995 concerning the conclusion of the results of negotiations with certain third countries under GATT Article XXIV:6 and other related matters (United States and Canada) (OJ L 334, 30.12.1995, p. 25).