COMMISSION REGULATION (EC) No 1165/97 of 26 June 1997 amending Regulation (EC) No 1600/95 laying down detailed rules for the application of the import arrangements and opening tariff quotas for milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EC) No 1587/96 (2), and in particular Articles 13 (3) and 16 (1) and (4) thereof,

Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations (3), and in particular Article 1 (1) thereof,

Whereas Commission Regulation (EC) No 1600/95 (4), as last amended by Regulation (EC) No 503/97 (5), replaces, in respect of imports coming from Switzerland under the special arrangement concluded between that country and the Community, the IMA-1 certificate arrangements with a system based solely on the Community import licence; whereas it has been found that certain provisions do not cover all the products subject to the system; whereas the provisions concerned should accordingly be adapted;

Whereas the tariff quotas for milk products referred to in the GATT/WTO Agreement and not specified by country of origin must be adjusted with effect from 1 July 1997; whereas, therefore, Annex II to Regulation (EC) No 1600/95 should be amended;

Whereas ambiguities have been found in the notifications referred to in Annex VIII; whereas, to guarantee correct and complete notifications, that Annex should be amended and the time allowed for the notifications should be extended from three to five days;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1600/95 is hereby amended as follows:

1. Article 3 is replaced by the following:

'Article 3

Classification of cheeses falling within CN codes 0406 20 10, 0406 90 02 to 0406 90 06 and 0406 90 19 shall be subject to the presentation of:

- a licence issued in accordance with Article 22a for imports coming from Switzerland under the special arrangement concluded between that country and the Community,

- an IMA-1 certificate fulfilling the conditions laid down in Title IV for other third countries.

CN code 0406 90 01 shall apply only to cheeses imported from third countries.`;

2. in Article 14 (3), 'third working day` is replaced by 'fifth working day`;

3. Article 22a is amended as follows:

(a) paragraph 1 is replaced by the following:

'1. Article 22 notwithstanding, this Article shall apply to imports coming from Switzerland under the special arrangement concluded between that country and the Community.`;

(b) paragraph 2 is replaced by the following:

'2. Licence applications and licences shall contain:

- in Section 15, the detailed description of the product referred to in Annex IV or, for products falling within CN codes 0406 90 02 to 0406 90 06, the description in the combined nomenclature,

- in Section 16, the combined nomenclature code for the product.`;

(c) paragraph 4 is replaced by the following:

'4. For products falling within CN codes 0406 90 02 to 0406 90 06 and for those listed in Annex IV under order numbers 3, 4 and 5, import licences shall be issued only where the applications are accompanied by:

(a) a written declaration by the applicant that the minimum prices referred to in Annex IV or in the combined nomenclature for products falling within CN codes 0406 90 02 to 0406 90 06 have been complied with;

(b) a written undertaking by the applicant to supply, at the request of the competent authorities, any information and additional supporting documentation which they may judge necessary with regard to compliance with the minimum price and to allow any auditing of accounts required by those authorities.

In cases of non-compliance with the minimum price, in addition to the import duty set in Annex I to Council Regulation (EEC) No 2658/87 (*), a penalty shall be paid equal to 25 % of the amount of the duty.

(*) OJ No L 256, 7. 9. 1987, p. 1.`;

4. Annex II is replaced by Annex I to this Regulation;

5. Annex VIII is replaced by Annex II to this Regulation.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

Article 1 shall apply from:

- 1 May 1997 where point 3 is concerned,

- 1 July 1997 where the other points are concerned.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 June 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 148, 28. 6. 1968, p. 13.

(2) OJ No L 206, 16. 8. 1996, p. 21.

(3) OJ No L 146, 20. 6. 1996, p. 1.

(4) OJ No L 151, 1. 7. 1995, p. 12.

(5) OJ No L 78, 20. 3. 1997, p. 12.

ANNEX I

'ANNEX II

TARIFF QUOTAS PURSUANT TO GATT/WTO AGREEMENTS, NOT SPECIFIED BY COUNTRY OF ORIGIN

(GATT/WTO year)

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ANNEX II

'ANNEX VIII

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APPLICATION OF ARTICLE 14

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