31979R2965

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( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 204 , 28 . 7 . 1978 , P . 6 .

( 3 ) OJ NO L 179 , 25 . 7 . 1968 , P . 17 .

( 4 ) OJ NO L 235 , 26 . 8 . 1978 , P . 9 .

( 5 ) OJ NO L 329 , 24 . 12 . 1979 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 2965/79

OF 18 DECEMBER 1979

DEFINING THE CONDITIONS FOR THE ADMISSION OF CERTAIN MILK PRODUCTS TO CERTAIN TARIFF HEADINGS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC 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 ( EEC ) NO 1761/78 ( 2 ), AND IN PARTICULAR ARTICLE 14 ( 7 ) THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 1053/68 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2024/78 ( 4 ), HAS BEEN AMENDED ON A NUMBER OF OCCASIONS ; WHEREAS THE MODEL CERTIFICATES SET OUT IN THE ANNEX TO THAT REGULATION SHOULD BE REPLACED BY A SINGLE MODEL THAT SATISFIES ALL THE REQUIREMENTS IN THIS MATTER ; WHEREAS FOR THE SAKE OF CLARITY IT WOULD APPEAR EXPEDIENT TO CONSOLIDATE THAT REGULATION ;

WHEREAS IT IS NECESSARY TO DEFINE THE CONDITIONS GOVERNING THE ADMISSION TO SPECIFIC TARIFF HEADINGS OF CERTAIN PRODUCTS FROM NON-MEMBER COUNTRIES ; WHEREAS THE PRODUCTS SUBJECT TO THESE CONDITIONS ARE LISTED IN ANNEX II OF COUNCIL REGULATION ( EEC ) NO 2915/79 OF 18 DECEMBER 1979 DETERMINING THE GROUPS OF PRODUCTS AND THE SPECIAL PRODUCTS FOR CALCULATING LEVIES ON MILK AND MILK PRODUCTS ( 5 );

WHEREAS A DETAILED DESCRIPTION OF THE GOODS FALLING WITHIN THOSE SUBHEADINGS COMPLICATES THEIR TARIFF CLASSIFICATION ON IMPORTATION ; WHEREAS THE ADMISSION OF PRODUCTS TO THOSE SUBHEADINGS WILL BE GREATLY FACILITATED IF THE EXPORTING COUNTRY CERTIFIES THAT THE EXPORTED PRODUCT CONFORMS TO THE DESCRIPTION OF THE GOODS IN QUESTION ; WHEREAS , THEREFORE , A PRODUCT SHOULD BE ADMITTED TO ONE OF THE SUBHEADINGS IN QUESTION ONLY WHEN ACCOMPANIED BY A CERTIFICATE TO THIS EFFECT ISSUED IN A PRESCRIBED FORM UNDER THE RESPONSIBILITY OF THE EXPORTING COUNTRY ; WHEREAS THIS SYSTEM OF CERTIFICATES ALSO MAKES IT POSSIBLE TO MONITOR COMPLIANCE WITH THE TARIFF QUOTAS PROVIDED FOR IN ARTICLE 9 OF REGULATION ( EEC ) NO 2915/79 ;

WHEREAS THIS SYSTEM OF CERTIFICATES SHOULD BE ACCOMPANIED BY PROVISIONS FOR VERIFICATION , WITHOUT PREJUDICE TO CUSTOMS CONTROL , THAT THE PRODUCT IN QUESTION CONFORMS TO THE DESCRIPTION IN ANNEX II TO REGULATION ( EEC ) NO 2915/79 AND FOR CHECKS IN CERTAIN CASES UPON THE CONDITIONS UNDER WHICH THE CERTIFICATES ARE ISSUED ; WHEREAS , FURTHERMORE , THE SYSTEM MUST PROVIDE THE BEST POSSIBLE SAFEGUARDS AGAINST FRAUD ;

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

1 . THE ADMISSION OF PRODUCTS FROM NON-MEMBER COUNTRIES TO COMMON CUSTOMS TARIFF SUBHEADINGS :

- 04.02 B I A ),

- 04.04 A I ,

- 04.04 B ,

- 04.04 D I ,

- 04.04 E I B ) 2 ,

- 04.04 E I B ) 3 ,

- 04.04 E I B ) 4 ,

SHALL BE SUBJECT TO THE PRODUCTION OF AN IMA 1 CERTIFICATE DRAWN UP ACCORDING TO THE MODEL SET OUT IN ANNEX I .

2 . IN THE CASE OF PRODUCTS FALLING UNDER SUBHEADINGS :

- 04.04 E I B ) 1 ,

- 04.04 E I B ) 5 ,

OF THE COMMON CUSTOMS TARIFF , THE BENEFIT OF THE TARIFF QUOTAS PROVIDED FOR IN ARTICLE 9 OF REGULATION ( EEC ) NO 2915/79 SHALL ALSO BE SUBJECT TO THE PRODUCTION OF A CERTIFICATE AS REFERRED TO IN PARAGRAPH 1 .

ARTICLE 2

1 . THE DIMENSIONS OF THE FORM REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE 210 BY 297 MM . THE PAPER USED SHALL WEIGH AT LEAST 40 G/M2 AND SHALL BE :

- WHITE FOR THE ORIGINAL ,

- PINK FOR THE COPY REFERRED TO IN ARTICLE 4 ( 2 ).

2 . THE FORMS SHALL BE PRINTED AND COMPLETED IN AN OFFICIAL COMMUNITY LANGUAGE . THEY MAY ALSO BE PRINTED AND COMPLETED IN AN OFFICIAL LANGUAGE OF THE EXPORTING COUNTRY .

3 . THE ORIGINAL AND ANY COPIES SHALL BE COMPLETED SIMULTANEOUSLY USING CARBON PAPER , IN EITHER TYPESCRIPT OR MANUSCRIPT . BLOCK LETTERS SHALL BE USED FOR FORMS COMPLETED IN MANUSCRIPT .

4 . EACH CERTIFICATE SHALL BEAR A SERIAL NUMBER ALLOTTED TO IT ON ISSUE BY THE ISSUING AGENCY . COPIES SHALL BEAR THE SAME NUMBER AS THE ORIGINAL .

ARTICLE 3

1 . A SEPARATE CERTIFICATE MUST BE DRAWN UP FOR EACH TYPE AND FORM OF PRESENTATION OF THE PRODUCTS REFERRED TO IN ARTICLE 1 .

2 . THE CERTIFICATE MUST CONTAIN IN RESPECT OF EACH TYPE AND FORM OF PRESENTATION THE PARTICULARS SET OUT IN ANNEX II .

ARTICLE 4

1 . WITHIN THREE MONTHS OF THE DATE OF ISSUE OF THE CERTIFICATE , THE ORIGINAL THEREOF SHALL BE PRESENTED TO THE CUSTOMS AUTHORITIES OF THE IMPORTING MEMBER STATE , TOGETHER WITH THE PRODUCT TO WHICH IT RELATES .

2 . FOR PRODUCTS SPECIFIED IN ARTICLE 1 ( 2 ) ONE COPY ALSO SHALL BE SUBMITTED TO THE CUSTOMS AUTHORITIES . SUCH PRODUCTS SHALL BE PUT INTO FREE CIRCULATION WITHIN THE PERIOD OF VALIDITY OF THE QUOTA .

3 . THE COPY OF THE CERTIFICATE REFERRED TO IN PARAGRAPH 2 SHALL BE SENT BY THE CUSTOMS AUTHORITIES TO THE DESIGNATED AUTHORITIES OF THE MEMBER STATE IN WHICH THE PRODUCT HAS BEEN PUT INTO FREE CIRCULATION .

ARTICLE 5

1 . A CERTIFICATE SHALL BE VALID ONLY IF DULY COMPLETED AND AUTHENTICATED BY AN ISSUING AGENCY APPEARING ON A LIST TO BE DRAWN UP .

2 . THE CERTIFICATE SHALL BE REGARDED AS DULY AUTHENTICATED WHEN IT SHOWS THE DATE AND PLACE OF ISSUE , IS STAMPED BY THE ISSUING AGENCY AND BEARS THE SIGNATURE OR SIGNATURES OF THE PERSON OR PERSONS QUALIFIED TO SIGN IT .

ARTICLE 6

1 . AN ISSUING AGENCY MAY BE INCLUDED IN THE LIST ONLY IF :

( A ) IT IS RECOGNIZED AS SUCH BY THE EXPORTING COUNTRY ;

( B ) IT UNDERTAKES TO VERIFY THE PARTICULARS SET OUT IN THE CERTIFICATES ;

( C ) IT UNDERTAKES TO SUPPLY THE COMMISSION AND THE MEMBER STATES , UPON REQUEST , WITH ANY INFORMATION THAT MAY BE REQUIRED TO ASSESS THE PARTICULARS SET OUT IN THE CERTIFICATES .

2 . THE LIST SHALL BE REVISED WHEN THE CONDITION REFERRED TO IN PARAGRAPH 1 ( A ) IS NO LONGER FULFILLED OR WHEN AN ISSUING AGENCY DOES NOT FULFIL ONE OF THE OBLIGATIONS IT HAS UNDERTAKEN .

ARTICLE 7

1 . MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO CHECK THAT THE SYSTEM OF CERTIFICATES ESTABLISHED BY THIS REGULATION IS OPERATING CORRECTLY .

2 . MEMBER STATES SHALL NOTIFY THE COMMISSION EACH WEEK , ON FRIDAY AT THE LATEST , OF THE QUANTITIES OF THE CHEESES REFERRED TO IN ARTICLE 1 ( 2 ) IMPORTED DURING THE PREVIOUS WEEK , GIVING A BREAKDOWN BY COUNTRY OF ORIGIN .

ARTICLE 8

REGULATION ( EEC ) NO 1053/68 IS HEREBY REPEALED .

HOWEVER , CERTIFICATES DRAWN UP IN ACCORDANCE WITH THE FORMS LAID DOWN IN REGULATION ( EEC ) NO 1053/68 SHALL REMAIN VALID IF ISSUED BY THE ISSUING AGENCIES BEFORE 1 JULY 1980 FOR PRODUCTS AS SPECIFIED IN ARTICLE 1 ( 1 ).

ARTICLE 9

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1980 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 18 DECEMBER 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT

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ANNEX I

IMA 1

CERTIFICATE

1 . SELLER

3 . BUYER

4 . NUMBER AND DATE OF INVOICE

2 . SERIAL NO OF ISSUE

ORIGINAL

CERTIFICATE

FOR THE ADMISSION OF CERTAIN MILK PRODUCTS

TO CERTAIN HEADINGS OR SUBHEADINGS OF THE

COMMON CUSTOMS TARIFF

5 . COUNTRY OF ORIGIN

6 . MEMBER STATE OF DESTINATION

IMPORTANT

A . A SEPARATE CERTIFICATE MUST BE MADE OUT FOR EACH FORM OF PRESENTATION OF EACH PRODUCT .

B . THE CERTIFICATE MUST BE IN AN OFFICIAL LANGUAGE OF THE EUROPEAN ECONOMIC COMMUNITY . IT MAY ALSO CONTAIN A TRANSLATION INTO THE OFFICIAL LANGUAGE OR ONE OFFICIAL LANGUAGE OF THE EXPORTING COUNTRY .

C . THE CERTIFICATE MUST BE MADE OUT IN ACCORDANCE WITH THE COMMUNITY PROVISIONS IN FORCE .

D . THE ORIGINAL AND , WHERE APPROPRIATE , A COPY OF THE CERTIFICATE MUST BE PRESENTED TO THE CUSTOMS OFFICE IN THE COMMUNITY AT THE TIME WHEN THE PRODUCT IS BEING OUT INTO FREE CIRCULATION .

7 . MARKS , NUMBERS , NUMBER AND KIND OF PACKAGES ; DETAILED DESCRIPTION OF PRODUCT AND PARTICULARS OF ITS FORM OF PRESENTATION .

8 . GROSS WEIGHT ( KG )

9 . NET WEIGHT ( KG )

10 . RAW MATERIAL USED

11 . FAT CONTENT BY WEIGHT ( KG ) REFERRED TO DRY MATTER

12 . WATER CONTENT BY WEIGHT ( KG ) IN NON-FAT MATTER

13 . FAT CONTENT BY WEIGHT ( KG )

14 . RIPENING PERIOD

15 . COMMUNITY FREE-AT-FRONTIER PRICE PER 100 KG NET WEIGHT ( IN ECU ) EQUAL TO OR MORE THAN :

16 . OBSERVATIONS : ( A ) TARIFF QUOTA ( 1 )

( B ) INTENDED FOR PROCESSING ( 1 )

17 . IT IS HEREBY CERTIFIED

- THAT THE PARTICULARS SET OUT ABOVE ARE ACCURATE AND COMPLY WITH THE COMMUNITY PROVISIONS IN FORCE ,

- THAT FOR THE PRODUCTS DESCRIBED ABOVE , NO DISCOUNT , REFUND , OR ANY OTHER REBATE WILL BE GRANTED TO THE BUYER , WHICH MAY LEAD TO THE PRODUCT IN QUESTION HAVING A VALUE LESS THAN THE MINIMUM IMPORT VALUE FIXED FOR SUCH PRODUCT ( 2 ).

18 . ISSUING AGENCY

PLACE :

YEAR

MONTH

DAY

( SIGNATURE AND STAMP OF ISSUING AGENCY ) ( 1 ) DELETE AS APPROPRIATE .

( 2 ) THIS CLAUSE IS DELETED FOR CHEESES OF SHEEP ' S OR BUFFALO MILK , FOR GLARUS , TILSIT AND BUTTERKAESE AND FOR SPECIAL MILK FOR INFANTS .

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ANNEX II

RULES FOR DRAWING UP CERTIFICATES

THE FOLLOWING MUST BE COMPLETED , IN ADDITION TO BOXES 1 TO 9 , 17 AND 18 :

A . AS REGARDS SPECIAL MILK FOR INFANTS FALLING WITHIN SUBHEADING 04.02 B I A ) OF THE COMMON CUSTOMS TARIFF ,

1 . BOX 7 SPECIFYING ' SPECIAL MILK FOR INFANTS WHICH IS FREE FROM TOXICOGENIC OR PATHOGENIC GERMS AND CONTAINS PER GRAM LESS THAN 10 000 REVIVIFIABLE AEROBIC BACTERIA AND LESS THAN TWO COLIFORM BACTERIA ' .

2 . BOX 10 BY SPECIFYING ' EXCLUSIVELY HOME-PRODUCED COWS ' MILK ' .

3 . BOX 13 BY SPECIFYING ' EXCEEDING 10 % AND NOT EXCEEDING 27 % ' .

B . AS REGARDS EMMENTALER , GRUYERE , SBRINZ , BERGKAESE OR APPENZELL CHEESE FALLING WITHIN SUBHEADING 04.04 A I OF THE COMMON CUSTOMS TARIFF ,

1 . BOX 7 BY SPECIFYING , AS APPROPRIATE , ' EMMENTALER CHEESE ' , ' GRUYERE CHEESE ' , ' SBRINZ CHEESE ' , ' BERGKAESE CHEESE ' OR ' APPENZELL ' AND , AS APPROPRIATE ,

' IN STANDARD WHOLE CHEESES ( 1 ) ' ,

' IN VACUUM-PACKED PIECES WITH THE RIND ON ONE SIDE AT LEAST , AND OF A WEIGHT NOT LESS THAN 1 KG OR MORE THAN 5 KG ' ,

' IN VACUUM-PACKED PIECES WITH THE RIND ON ONE SIDE AT LEAST , AND OF A WEIGHT NOT LESS THAN 450 G ' ,

' IN VACUUM-PACKED PIECES OF A WEIGHT NOT LESS THAN 75 G AND NOT MORE THAN 250 G ' .

2 . BOX 10 BY SPECIFYING ' EXCLUSIVELY HOME-PRODUCED COWS ' MILK ' .

3 . BOX 11 BY SPECIFYING ' AT LEAST 45 % ' .

4 . BOXES 14 AND 15 .

C . AS REGARDS GLARUS HERB CHEESE ( KNOWN AS SCHABZIGER ) FALLING WITHIN SUBHEADING 04.04 B OF THE COMMON CUSTOMS TARIFF ,

1 . BOX 7 BY SPECIFYING ' GLARUS CHEESE ' ( KNOWN AS SCHABZIGER ).

2 . BOX 10 BY SPECIFYING ' EXCLUSIVELY HOME-PRODUCED SKIMMED MILK WITH FINELY-GROUND HERBS ADDED ' .

D . AS REGARDS PROCESSED CHEESES FALLING WITHIN SUBHEADING 04.04 D I OF THE COMMON CUSTOMS TARIFF ,

1 . BOX 7 BY SPECIFYING ' PROCESSED CHEESE , PUT UP IN IMMEDIATE PACKAGING OF A WEIGHT NOT EXCEEDING 1 KG CONTAINING PORTIONS OR SLICES EACH WEIGHING NOT MORE THAN 100 G ' .

2 . BOX 10 BY SPECIFYING ' EXCLUSIVELY HOME-PRODUCED EMMENTALER , GRUYERE AND APPENZELL AND POSSIBLY AS AN ADDITION , GLARUS HERB CHEESE ( KNOWN AS SCHABZIGER ) ' .

3 . BOX 11 BY SPECIFYING ' NOT MORE THAN 56 % ' .

E . AS REGARDS CHEDDAR CHEESE FALLING WITHIN SUBHEADING 04.04 E I B ) 1 AA ) LISTED IN ANNEX II TO REGULATION ( EEC ) NO 2915/79 ,

1 . BOX 7 BY SPECIFYING , AS APPROPRIATE :

' CHEDDAR CHEESE IN STANDARD WHOLE CHEESES ' ( 2 ),

' CHEDDAR CHEESE IN FORMS OTHER THAN STANDARD WHOLE CHEESES , OF A NET WEIGHT NOT LESS THAN 500 G ' ,

' CHEDDAR CHEESE IN FORMS OTHER THAN STANDARD WHOLE CHEESES , OF A NET WEIGHT LESS THAN 500 G ' .

2 . BOX 10 BY SPECIFYING ' EXCLUSIVELY UNPASTEURIZED HOME-PRODUCED COWS ' MILK ' .

3 . BOX 11 BY SPECIFYING ' AT LEAST 50 % ' .

4 . BOX 14 BY SPECIFYING ' AT LEAST NINE MONTHS ' .

5 . BOXES 15 AND 16 BY SPECIFYING THE PERIOD FOR WHICH THE QUOTA IS VALID .

F . AS REGARDS CHEDDAR CHEESES FALLING WITHIN SUBHEADING 04.04 E I B ) I BB ) LISTED IN ANNEX II TO REGULATION ( EEC ) NO 2915/79 ,

1 . BOX 7 BY SPECIFYING ' CHEDDAR CHEESE IN STANDARD WHOLE CHEESES ' ( 2 ).

2 . BOX 10 BY SPECIFYING ' EXCLUSIVELY HOME-PRODUCED COWS ' MILK ' .

3 . BOX 11 BY SPECIFYING ' AT LEAST 50 % ' .

4 . BOX 14 BY SPECIFYING ' AT LEAST THREE MONTHS ' .

5 . BOXES 15 AND 16 BY SPECIFYING THE PERIOD FOR WHICH THE QUOTA IS VALID .

G . AS REGARDS CHEDDAR CHEESE INTENDED FOR PROCESSING FALLING WITHIN SUBHEADING 04.04 E I B ) 1 CC ) LISTED IN ANNEX II TO REGULATION ( EEC ) NO 2915/79 ,

1 . BOX 10 BY SPECIFYING ' EXCLUSIVELY HOME-PRODUCED COWS ' MILK ' .

2 . BOXES 15 AND 16 BY SPECIFYING THE PERIOD FOR WHICH THE QUOTA IS VALID .

H . AS REGARDS TILSIT AND BUTTERKAESE CHEESES FALLING WITHIN SUBHEADING 04.04 E I B ) 2 OF THE COMMON CUSTOMS TARIFF ,

1 . BOX 7 BY SPECIFYING , AS APPROPRIATE , ' TILSIT CHEESE ' OR ' BUTTERKAESE CHEESE ' .

2 . BOX 10 BY SPECIFYING ' EXCLUSIVELY HOME-PRODUCED COWS ' MILK ' .

3 . BOXES 11 AND 12 .

I . AS REGARDS KASHKAVAL CHEESES FALLING WITHIN SUBHEADING 04.04 E I B ) 3 OF THE COMMON CUSTOMS TARIFF ,

1 . BOX 7 BY SPECIFYING ' KASHKAVAL CHEESE ' .

2 . BOX 10 BY SPECIFYING ' EXCLUSIVELY HOME-PRODUCED SHEEP ' S MILK ' .

3 . BOXES 11 AND 12 .

K . AS REGARDS CHEESES OF SHEEP ' S MILK OR BUFFALO MILK , IN CONTAINERS CONTAINING BRINE , OR IN SHEEPSKIN OR GOATSKIN BOTTLES FALLING WITHIN SUBHEADING 04.04 E I B ) 4 OF THE COMMON CUSTOMS TARIFF ,

1 . BOX 7 BY SPECIFYING , AS APPROPRIATE , ' CHEESE OF SHEEP ' S MILK ' OR ' CHEESE OF BUFFALO MILK ' AND ' IN CONTAINERS CONTAINING BRINE ' OR ' IN SHEEPSKIN OR GOATSKIN BOTTLES ' .

2 . BOX 10 BY SPECIFYING , AS APPROPRIATE , ' EXCLUSIVELY HOME-PRODUCED SHEEP ' S MILK ' OR ' EXCLUSIVELY HOME-PRODUCED BUFFALO MILK ' .

3 . BOXES 11 AND 12 .

L . AS REGARDS OTHER CHEESES INTENDED FOR PROCESSING FALLING WITHIN SUBHEADING 04.04 E I B ) 5 AA ) SET OUT IN ANNEX II TO REGULATION ( EEC ) NO 2915/79 ,

1 . BOX 7 BY SPECIFYING ' EXCLUSIVELY HOME-PRODUCED COWS ' MILK ' .

2 . BOXES 15 AND 16 BY SPECIFYING THE PERIOD FOR WHICH THE QUOTA IS VALID .

( 1 ) STANDARD WHOLE CHEESES MEANS WHOLE CHEESES WHOSE NET WEIGHT IS AS FOLLOWS :

- EMMENTALER : FROM 60 KG TO 130 KG INCLUSIVE ,

- GRUYERE AND SBRINZ : FROM 20 KG TO 45 KG INCLUSIVE ,

- BERGKAESE : FROM 20 KG TO 60 KG INCLUSIVE ,

- APPENZELL : FROM 6 KG TO 8 KG INCLUSIVE .

( 2 ) STANDARD WHOLE CHEESES MEANS :

- WHOLE CHEESES WEIGHING BETWEEN 33 AND 44 KG INCLUSIVE ,

- CUBIC BLOCKS WEIGHING NOT LESS THAN 10 KG .