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25.1.2013 Official
Journal
of
the
European
Union
L
22/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 64/2013
of 24 January 2013
amending Regulation (EC) No 2535/2001 as regards the management of the WTO tariff quotas for
New Zealand cheese and butter
THE EUROPEAN COMMISSION,
cheese, licence applications should be limited to 25 % of
the relevant quota available.
Having regard to the Treaty on the Functioning of the European
Union,
(4) Taking into account the seasonality of the dairy
production in New Zealand, the evolution of the prices
and the time necessary to ship the products concerned to
Having regard to Council Regulation (EC) No 1234/2007 of
the Union, it is appropriate to provide for a third allo
22 October 2007 establishing a common organisation of agri
cation round of import licences in September for the
cultural markets and on specific provisions for certain agri
quotas referred to in Part K of Annex I and Part A of
cultural products (Single CMO Regulation) ( 1 ), and in particular
Annex III.
Article 144(1) and Article 148(c), in conjunction with Article 4
thereof,
(5) Regulation
(EC)
No
2535/2001
should
therefore
be
amended accordingly.
Whereas:
(6) In
order
to
give
sufficient
time
to
the
applicants,
the
competent authorities and the Member States to
(1)
Section 1 of Chapter III of Title 2 of Commission Regu
comply with the new rules, it is appropriate that those
lation (EC) No 2535/2001 of 14 December 2001 laying
rules apply from the quota year 2014.
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 ( 2 ) sets
(7) The
measures
provided
for
in
this
Regulation
are
in
out the rules on the management of import quotas by
accordance with the opinion of the Management
certain third countries listed in Annex III.B to that Regu
Committee for the Common Organisation of Agricultural
lation. Those rules provide for the issuing of an import
Markets,
licence upon presentation of a corresponding inward-
monitoring arrangement (IMA 1) certificate.
HAS ADOPTED THIS REGULATION:
(2) The
experience
as
regards
the
management
of
the
tariff
Article 1
quotas for New Zealand cheese (quota numbers 09.4514
Amendment of Regulation (EC) No 2535/2001
and 09.4515) proved that an equally efficient
management of those quotas could also be achieved
Regulation (EC) No 2535/2001 is amended as follows:
through a system which entails less administrative
burden for importers and the licences issuing bodies of
(1) in Article 5, the following point is added:
the Member States. Under that system the functions of
the IMA1 certificate to prove the origin and the eligibility
of the goods at import are kept but the issuing of import
‘(k) the quotas referred to in Part K of Annex I.’;
licences is no longer subject to the presentation of that
certificate. It is therefore appropriate to submit those
(2) in Article 6, the first paragraph is replaced by the
quotas to the rules of Chapter I of Title 2 of Regulation
following:
(EC) No 2535/2001.
‘Annex I sets out the tariff quotas, the duties to be applied,
(3) With
the
view
to
prevent
speculation
while
ensuring
a
the maximum quantities to be imported each year, the
maximum utilisation of the tariff quotas for New Zealand
import tariff quota periods and their division into
subperiods.’;
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 341, 22.12.2001, p. 29.
(3) in Article 13, paragraph 2 is replaced by the following:

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L 22/2
EN
Official Journal of the European Union
25.1.2013
‘2. Licence
applications
shall
relate
to
at
least
10
tonnes
‘Article 34a
and no more than the quantity available under the quota
for the subperiod as referred to in Article 6.
1. The
quotas
shall
be
divided
into
two
parts
as
referred
to in Annex III.A:
However, licence applications shall relate:
(a) quota No 09.4195 (hereafter called Part A) shall be
distributed among Union importers who are
(a) in the case of the quotas referred to in point (a) of
approved according to the provisions of Article 7
Article 5, to no more than 10 % of the quantity
and who can prove that they have imported under
available;
one of the quotas 09.4195 or 09.4182 in the course
of the 24 months prior to the month of November
(b) in the case of the quotas referred to in point (k) of
preceding the quota year;
Article 5, to no more than 25 % of the quantity avail
able.’;
(b) quota No 09.4182 (hereafter called Part B) shall be
reserved for applicants:
(4) in Article 14, the following paragraph 1a is inserted:
(i) who are approved according to the provisions of
‘1a. For
the
quotas
referred
to
in
Part
K
of
Annex
I,
Article 7; and
licence applications may be lodged only:
(ii) who can prove that during the 12-month period
(a) from 20 to 30 November, for imports during the
prior the month of November preceding the quota
period from 1 January to 30 June following;
year that they imported into and/or exported from
the Union at least 100 tonnes of milk or milk
(b) from 1 to 10 June, for imports during the period from
products covered by Chapter 04 of the
1 July to 31 December following;
Combined Nomenclature in at least four separate
operations.
(c) from 1 to 10 September, for imports during the
period from 1 October to 31 December following.’;
2. Applications
for
import
licences
may
be
lodged
only:
(5) in Article 19, the following paragraph 3 is added:
(a) from 20 to 30 November, for imports during the
period from 1 January to 30 June following;
‘3. For the quotas referred to in Part K of Annex I, the
reduced rate of duty shall be applied on:
(b) from 1 to 10 June, for imports during the period from
1 July to 31 December following;
(a) acceptance of the declaration of release for free circu
lation;
(c) from 1 to 10 September, for imports during the
period from 1 October to 31 December following.
(b) presentation of the import licence; and
3. To
be
admissible,
applications
for
import
licences
(c) presentation of an IMA 1 certificate as set out in
may cover, per applicant:
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
(a) for Part A, no more than 125 % of the quantities that
and the origin of the product covered by the
they have imported under the quotas 09.4195 or
declaration of release for free circulation.
09.4182, in the course of the 24-month period prior
to the month of November preceding the quota year;
Customs authorities shall indicate the serial number of
the IMA 1 certificate on the import licence.
(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
Article 37(2), (3) and (4) shall apply mutatis mutandis.’;
the competent authority of the Member State
concerned that they fulfil the conditions laid down
(6) in Article 34, paragraph 4 is replaced by the following:
in point (b) of paragraph 1.
‘4. Annex III.A sets out the tariff quotas, the duty to be
Subject to complying with the eligibility conditions,
applied, the maximum quantities to be imported each year,
applicants may apply simultaneously under both
the import tariff quota periods and their division into
parts of the quota.
subperiods.’;
The applications for import licences must be separate
(7) Article 34a is replaced by the following:
for Part A and for Part B.

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EN
25.1.2013 Official
Journal
of
the
European
Union
L
22/3
4. Applications
for
import
licences
may
be
lodged
only
(9) Part A of Annex III is replaced by the text which is set out
in the Member State where the approval pursuant to
in Annex II to this Regulation;
Article 7 has been granted, and must bear the importer’s
approval number.
(10) in Part B of Annex III, the entries concerning quota
numbers 09.4514 and 09.4515 are deleted.
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.
Article 2
Entry into force and application
Those proofs shall be submitted at the time the appli
cations for import licences are lodged and shall be valid
This Regulation shall enter into force on the third day following
for the relevant quota year.’;
that of its publication in the Official Journal of the European
Union.
(8) in Annex I, a new Part K is added, the text of which is set
out in Annex I to this Regulation;
It shall apply from the quota year starting on 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 January 2013.
For the Commission
The President
José Manuel BARROSO

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L 22/4
EN
Official Journal of the European Union
25.1.2013
ANNEX I
‘I.K
TARIFF QUOTAS UNDER THE GATT/WTO AGREEMENTS SPECIFIED BY COUNTRY OF ORIGIN: NEW ZEALAND
Annual
quota
Quantity Quantity Quantity
from 1
from 1
from 1
from 1
Quota
January
January July to 31 October Import duty
number
CN code Description
Country
of origin
to 31
to 30 December to 31 (EUR/100 kg
December
June
(in
December net weight)
(in
(in
tonnes)
(in
tonnes)
tonnes)
tonnes)
09.4515 0406
90
01 Cheese
for
processing
( 1 ). New
4 000 4
000
—
— 17,06
Zealand
09.4514 ex
0406
90
21 Whole
Cheddar
cheeses
New
7 000 7
000
—
— 17,06
(of the conventional flat Zealand
cylindrical shape of a net
weight of not less than
33 kg but not more
than 44 kg and cheeses
in cubic blocks or in
parallelepiped shape, of
a net weight of 10 kg
or more) of a fat
content of 50
% or
more by weight in the
dry matter, matured for
at least three months.
( 1 ) Utilisation for this particular purpose will be monitored by applying the Union provisions laid down on the subject. The cheeses
concerned are considered as processed when they have been processed into products falling within subheading 040630 of the
Combined Nomenclature. Articles 291 to 300 of Regulation (EEC) No 2454/93 apply.’

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EN
25.1.2013 Official
Journal
of
the
European
Union
L
22/5
ANNEX II
‘ΙII.A
TARIFF QUOTA UNDER THE GATT/WTO AGREEMENTS SPECIFIED BY COUNTRY OF ORIGIN: NEW ZEALAND
BUTTER
Annual
quota
Quantity
Quantity
Quantity
Import
from 1
from 1
from 1 July
from 1
duty
CN code Description
Country of
October to
(EUR/
origin
January to January to
to 31
31
30 June
December
31
100 kg
December (in tonnes)
(in tonnes)
December
net
(in tonnes)
(in tonnes)
weight)
ex 0405 10 11 Butter, at least six weeks old,
New
74 693 Quota Quota
Quota
70,00’
ex 0405 10 19 of a fat content by weight of Zealand
09.4195
09.4195
09.4195
not less than 80 % but less
than 85
% manufactured
directly from milk or cream
Part A:
Part A:
Part A:
without the use of stored
20 540,5 20 540,5
—
materials, in a single, self-
contained and uninterrupted
process.
ex 0405 10 30 Butter,
at
least
six
weeks
old,
Quota
Quota
Quota
of a fat content by weight of
09.4182
09.4182
09.4182
not less than 80 % but less
than 85
%, manufactured
directly from milk or cream
Part B:
Part B:
Part B:
without the use of stored
16 806
16 806
—
materials, in a single, self-
contained and uninterrupted
process which may involve
the cream passing through a
stage where the butterfat is
concentrated and/or frac
tionated (the processes
referred to as “Ammix” and
“Spreadable”).

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Document Outline

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