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15.11.2012 Official
Journal
of
the
European
Union
L
318/7
COMMISSION IMPLEMENTING REGULATION (EU) No 1070/2012
of 14 November 2012
amending Regulation (EC) No 2535/2001 as regards non-quota preferential imports of milk and milk
products and the quota for imports of dairy products originating in the Republic of Moldova
THE EUROPEAN COMMISSION,
HAS ADOPTED THIS REGULATION:
Having regard to the Treaty on the Functioning of the European
Article 1
Union,
Regulation (EC) No 2535/2001 is amended as follows:
Having regard to Council Regulation (EC) No 1234/2007 of
(1) Chapter II of Title 2 is replaced by the following:
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
cultural products (Single CMO Regulation) ( 1 ), and in particular
"CHAPTER II
Article 144(1) and Article 148(c), in conjunction with Article 4
thereof,
Non-quota imports on the basis of an import licence alone
Article 20
Whereas:
1. This
Chapter
shall
apply
to:
(a) preferential imports, not subject to quotas, as referred to
(1)
Chapter I of Title 2 of Commission Regulation (EC) No
2535/2001 of 14 December 2001 laying down detailed
in:
rules for applying Council Regulation (EC) No
1255/1999 as regards the import arrangements for
(i) Annex I to Protocol 1 to Decision No 1/98 of the
milk and milk products and opening tariff quotas ( 2 )
EC-Turkey Association Council,
applies to the import quota No 09.4210 provided for
in Council Regulation (EC) No 55/2008 ( 3 ) and allocated
to the Republic Moldova until 2012. Regulation (EU) No
(ii) Annex IV to the Agreement with South Africa,
581/2011 of the European Parliament and of the Coun
cil ( 4 ) extended the application of Regulation (EC) No
55/2008 until the end of 2015. It is therefore appro
(iii) Annex 2 to the Agreement between the European
priate that Regulation (EC) No 2535/2001 takes into
Community and Switzerland on trade in agri
account the extension of the duration of the quota No
cultural products;
09.4210.
(b) any other preferential imports, not subject to quotas, of
(2) Chapter
II
of
Title
2
of
Regulation
(EC)
No
2535/2001
the products referred to in point J of Part I of Annex II
provides for rules concerning preferential non-quota
to Regulation (EC) No 376/2008.
imports under specific agreements and acts. It is appro
priate, for the sake of proper administration of the
imports, that those rules apply also to all other prefer
2. For
the
imports
referred
to
in
point
(a)
of
paragraph
1,
ential non-quota imports which are covered by Article 2
the products concerned and the rates of duty applicable are
of that Regulation. In addition, it is appropriate, for the
listed in Annex II to this Regulation.
sake of clarity and transparency, that those rules include
the obligation to specify the preferential import duty in
box 24 of licence applications and licences.
Article 21
1. Licence
applications
and
licences
shall
show:
(3) Regulation
(EC)
No
2535/2001
should
therefore
be
amended accordingly.
(a) in box 8, the country of origin;
(4) The
measures
provided
for
in
this
Regulation
are
in
(b) in box 20, one of the entries listed in Annex XVI.
accordance with the opinion of the Management
Committee for the Common Organisation of Agricultural
Markets,
2. Licences
shall
show
in
box
24
the
applicable
reduced
rate of duty.
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 341, 22.12.2001, p. 29.
( 3 ) OJ L 20, 24.1.2008, p. 1.
3. Licences
shall
carry
an
obligation
to
import
from
the
( 4 ) OJ L 165, 24.6.2011, p.5.
country indicated in box 8.

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L 318/8
EN
Official Journal of the European Union
15.11.2012
Article 22
The reduced rate of duty shall be applied only on presentation of the import licence and on acceptance
of the declaration of release for free circulation accompanied by the proof of origin."
(2) In Annex I, Part J is replaced by the text set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal
of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 November 2012.
For the Commission
The President
José Manuel BARROSO

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15.11.2012 Off
ANNEX
'I.J
TARIFF QUOTA UNDER ANNEX I TO REGULATION (EC) No 55/2008
Annual quota from 1 January to 31 December
EN
(in tonnes)

Quota number CN
code Description
(1 ) Country
of
origin Import
year
(in product weight)
Import duty
(EUR/100 kg net weight)
Annual Six-monthly
09.4210 0401
to
0406 The
Republic
of
0
Moldova
Dairy products From
1
July
to
1 000
31 December 2008
2009 1
000 500
icial
2010 to 2015 1
500 750
Jour
(1 ) Irrespective of the rules for the interpretation of the Combined Nomenclature, the wording of the product description must be considered to have merely indicative value, since the applicability of the preferential arrangements is
nal
determined in the context of this Annex by the scope of the CN code. Where ex CN codes are indicated, the applicability of the preferential scheme is determined on the basis of the CN code and the corresponding description taken
jointly.'
of
the
European
Union
L
318/9

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Document Outline

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