Commission Regulation (EC) No 504/2007 of 8 May 2007 laying down detailed rules for the application of the arrangements for additional import duties in the milk and milk products sector (Codified version)
Modified by
Commission Regulation (EC) No 76/2009of 26 January 2009amending Regulation (EC) No 504/2007 laying down detailed rules for the application of the arrangements for additional import duties in the milk and milk products sector, 32009R0076, January 27, 2009
Commission Regulation (EU) No 248/2010of 24 March 2010amending Regulation (EC) No 1484/95 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultry meat and egg sectors and for egg albumin, and Regulation (EC) No 504/2007 laying down detailed rules for the application of the arrangements for additional import duties in the milk and milk products sector, 32010R0248, March 25, 2010
Commission Regulation (EC) No 504/2007of 8 May 2007laying down detailed rules for the application of the arrangements for additional import duties in the milk and milk products sector(Codified version)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk productsOJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2)., and in particular Article 28(4) thereof,Whereas:(1)Commission Regulation (EC) No 1598/95 of 30 June 1995 laying down detailed rules for the application of the arrangements for additional import duties in the milk and milk products sectorOJ L 151, 1.7.1995, p. 1. Regulation as last amended by Regulation (EC) No 2325/96 (OJ L 316, 5.12.1996, p. 11). has been substantially amended several timesSee Annex II.. In the interests of clarity and rationality the said Regulation should be codified.(2)Regulation (EC) No 1255/1999 subjects imports of one or more of the products covered by the said Regulation to the payment of an additional duty where certain conditions resulting from the Agreement on AgricultureOJ L 336, 23.12.1994, p. 22. concluded in connection with the Uruguay Round of multilateral trade negotiations are met, unless the imports are unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective. Such additional import duties may in particular be imposed if import prices are below the trigger prices.(3)Detailed rules for the application of this system should therefore be laid down for the milk and milk products sectors and the trigger prices should be published.(4)The import prices to be taken into consideration for charging an additional import duty should be checked on the basis of the representative prices for the product in question on the world market or on the Community import market for the product. It should be laid down that the Member States are to transmit prices at the various marketing stages at regular intervals to enable the Commission to fix the representative prices and the corresponding additional duties.(5)The importer has the possibility of opting for the additional duty to be calculated on a basis other than the representative price. However, in such case provision should be made for the lodging of a security equal to the additional duties which he would have paid if the calculation had been based on the representative prices. The security should be released if proof is furnished within a specified time limit that the conditions have been met for disposal of the consignment in question. In connection with a posteriori checks it should be specified that duties payable are subject to recovery in accordance with Article 220 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs CodeOJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).. It is also equitable to lay down that, in connection with all checks, duties payable are subject to interest. It emerges from the regular monitoring of the data on which the checking of import prices for milk and milk products is based that imports of certain products should be subjected to additional duties taking account of variations in prices according to origin. The prices should therefore be published.(6)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: