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23.2.2012 Official
Journal
of
the
European
Union L
50/11
COMMISSION IMPLEMENTING REGULATION (EU) No 157/2012
of 22 February 2012
amending and derogating from Regulation (EC) No 2535/2001 laying down detailed rules for
applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and
milk products and opening tariff quotas
THE EUROPEAN COMMISSION,
period, it is appropriate to provide for a derogation from
Article 6(1) of Commission Regulation (EC) No
Having regard to the Treaty on the Functioning of the European
1301/2006 of 31 August 2006 laying down common
Union,
rules for the administration of import tariff quotas for
agricultural products managed by a system of import
licences ( 4 ).
Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri
(4) Article
11(1)
of
Regulation
(EC)
No
1301/2006
provides
cultural markets and on specific provisions for certain agri
for the notification of the quantities covered by import
cultural products (Single CMO Regulation) ( 1 ), and in particular
licences within 2 months of expiry of the validity of the
Article 144(1) and Article 148(c), in conjunction with Article 4
licences in question. However, for purposes of good
thereof,
management, it is necessary for the Commission to
have this information at an earlier stage. An appropriate
Whereas:
notification obligation should therefore be provided for
in Article 16 of Regulation (EC) No 2535/2001.
(1) The
Agreement
in
the
form
of
an
Exchange
of
Letters
between the European Union and the Kingdom of
(5) Regulation
(EC)
No
2535/2001
should
therefore
be
Norway concerning additional trade preferences in agri
amended accordingly.
cultural products reached on the basis of Article 19 of
the Agreement on the European Economic Area, as
(6) The
measures
provided
for
in
this
Regulation
are
in
approved by Council Decision 2011/818/EU
( 2 ),
accordance with the opinion of the Management
provides for an increase in the annual duty free tariff
Committee for the Common Organisation of Agricultural
quota and an extension to all types of cheeses originating
Markets,
in Norway as from 1 January 2012. Those changes need
to be reflected in Articles 5 and 19 of Commission
HAS ADOPTED THIS REGULATION:
Regulation (EC) No 2535/2001 ( 3 ) and in Part H of
Annex I to that Regulation.
Article 1
(2)
Whilst the current quota is managed on the basis of a
Amendment of Regulation (EC) No 2535/2001
yearly period running from July to June, the increased
quota will be managed on a calendar year basis. By way
Regulation (EC) No 2535/2001 is amended as follows:
of derogation from Article 6 of Regulation (EC) No
2535/2001, which provides for division into two equal
(1) in Article 5, point (h) is replaced by the following:
parts for 6-month periods, the available quantity for
2012 should take account of the quantity of 2 000
‘(h) the quotas provided for in Annex V to the Agreement
tonnes already made available in 2011 for the first half
between the European Union and the Kingdom
of 2012. Consequently, only a quantity of 1 600 tonnes
of Norway, approved by Council Decision
should be available for the subperiod which, for organi
2011/818/EU (*), hereinafter referred to as “the
sational reasons, is to start on 1 March 2012. However,
Agreement with Norway”;
this Regulation should be without prejudice to the
quantity of 2 000 tonnes already made available for the
___________
period from 1 January to 30 June 2012.
(*) OJ L 327, 9.12.2011, p. 1.’;
(3) Since
the
period
for
lodging
import
licence
applications
for the first half of 2012, as provided for in
(2) in Article 16, the following paragraph 5 is added:
Article 14(1)(a) of Regulation (EC) No 2535/2001, has
expired, provision should be made for a new period for
submitting import licence applications and for a dero
‘5. By
way
of
derogation
from
point
(b)
of
the
first
gation from that Article in relation to the quantity of
subparagraph of Article 11(1) in conjunction with the
1 600 tonnes for the subperiod March-June 2012. In
second subparagraph of that Article of Regulation (EC) No
order to avoid that applicants who already lodged appli
1301/2006, Member States shall notify the Commission of
cations in November 2011 for the quantity of 2 000
the quantities, including nil returns, covered by import
tonnes would be excluded from the new submission
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.’;
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 327, 9.12.2011, p. 1.
( 3 ) OJ L 341, 22.12.2001, p. 29.
( 4 ) OJ L 238, 1.9.2006, p. 13.

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L 50/12
EN
Official Journal of the European Union
23.2.2012
(3) in Article 19(1), point (g) is replaced by the following:
Those applications shall relate to not less than 10 tonnes.
‘(g) Rules referred to in point 9 of the Agreement with
Norway;’;
2. Import
licences
issued
in
accordance
with
paragraph
1
shall be valid until 30 June 2012.
(4) Part H of Annex I is replaced by the text in the Annex to
this Regulation.
Article 3
Article 2
Entry into force and application
Derogation from Regulations (EC) No 2535/2001 and (EC)
This Regulation shall enter into force on the third day following
No 1301/2006
its publication in the Official Journal of the European Union.
1. By
way
of
derogation
from
Article
14(1)(a)
of
Regulation
(EC) No 2535/2001 and Article 6(1) of Regulation (EC) No
It shall apply from 1 March 2012.
1301/2006, for the quota for the period from 1 March to
30 June 2012 relating to a quantity of 1 600 tonnes, as set
out in Part H of Annex I to Regulation (EC) No 2535/2001 as
However, this Regulation shall be without prejudice to the
amended by the Annex to this Regulation, applications for
quantity of 2 000 tonnes already made available for the
import licences may be lodged from 1 to 10 March 2012.
period from 1 January to 30 June 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 February 2012.
For the Commission
The President
José Manuel BARROSO

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EN
23.2.2012 Official
Journal
of
the
European
Union L
50/13
ANNEX
‘I. H
TARIFF QUOTAS UNDER ANNEX I TO THE AGREEMENT WITH NORWAY
Quota from January to December
Quota from
Quota from Quota as from 1 January 2013
Quota
Combined
1 March to
1 July to
(in tonnes)
number
Nomenclature
Description Customs
duty
31 December
code
30 June 2012
(in tonnes)
2012
(in tonnes)
annual 6-monthly
09.4179 0406 Cheese
and
curd exemption 1
600 3
600 7
200 3
600’

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Document Outline

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