title: Commission Implementing Regulation (EU) No 1212/2012 of 17 December 2012 amending Regulations (EC) No 2535/2001, (EC) No 917/2004, (EC) No 382/2008, (EC) No 748/2008, (EC) No 810/2008 and (EC) No 610/2009 as regards the notification obligations within the common organisation of agricultural markets

text:
               18.12.2012

               EN

               Official Journal of the European Union

               L 348/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 1212/2012
   of 17 December 2012
   amending Regulations (EC) No 2535/2001, (EC) No 917/2004, (EC) No 382/2008, (EC) No 748/2008, (EC) No 810/2008 and (EC) No 610/2009 as regards the notification obligations within the common organisation of agricultural markets
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 192(2), in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States' notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments′ regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (2), lays down common rules for notifying information and documents by the competent authorities of the Member States to the Commission. Those rules cover in particular the obligation for the Member States to use the information systems made available by the Commission and the validation of the access rights of the authorities or individuals authorised to send notifications. In addition, that Regulation sets common principles applying to the information systems so that they guarantee the authenticity, integrity and legibility over time of the documents and provides for personal data protection.

               (2)

               Pursuant to Regulation (EC) No 792/2009, the obligation to use the information systems in accordance with that Regulation has to be provided for in the Regulations establishing a specific notification obligation.

               (3)

               The Commission has developed an information system that allows managing documents and procedures electronically in its own internal working procedures and in its relations with the authorities involved in the common agricultural policy.

               (4)

               It is considered that several notification obligations can be fulfilled via that system in accordance with Regulation (EC) No 792/2009, in particular those provided for in Commission Regulations (EC) No 2535/2001 of 14 December 2001 laying 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 (3), (EC) No 917/2004 of 29 April 2004 on detailed rules to implement Council Regulation (EC) No 797/2004 on measures improving general conditions for the production and marketing of apiculture products (4), (EC) No 382/2008 of 21 April 2008 on rules of application for import and export licences in the beef and veal sector (5), (EC) No 748/2008 of 30 July 2008 on the opening and administration of an import tariff quota for frozen thin skirt of bovine animals falling within CN code 0206 29 91 (6), (EC) No 810/2008 of 11 August 2008 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat (7) and (EC) No 610/2009 of 10 July 2009 laying down detailed rules for the application of the tariff quota for beef and veal originating in Chile (8).

               (5)

               In the interest of efficient administration and taking account of the experience, some notifications should be either simplified and specified or deleted in those Regulations.

               (6)

               Regulations (EC) No 2535/2001, (EC) No 917/2004, (EC) No 382/2008, (EC) No 748/2008, (EC) No 810/2008 and (EC) No 610/2009 should therefore be amended accordingly.

               (7)

               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 2535/2001 is amended as follows:

               (1)

               In Article 10, paragraph 3 is replaced by the following:
               "3.   Member States shall notify the Commission of their lists of approved importers broken down by the approved importers who have given their consent in accordance with paragraph 2, and the other approved importers. That notification shall contain the approval number, name, address, telephone number and email address of the approved importers."

               (2)

               Article 39 is deleted.

               (3)

               In Article 40, paragraph 2 is replaced by the following:
               "2   Member States shall notify the Commission of the results of the monitoring carried out for each quarter under Annex IV by the 10th of the following month. That notification shall contain the following information:

                           (a)

                           general information:

                                       (i)

                                       name of the butter manufacturer;

                                       (ii)

                                       lot identification code;

                                       (iii)

                                       size of the lot in kg;

                                       (iv)

                                       date of the checks (day/ month/ year);

                           (b)

                           weight check:

                                       (i)

                                       size of the random sample (number of cartons);

                                       (ii)

                                       data in respect of the mean:

                                                   —

                                                   arithmetic mean of the net weight per carton in kg (as specified on the IMA 1 certificate- box 9),

                                                   —

                                                   arithmetic mean of the net weight of the sample cartons in kg,

                                                   —

                                                   whether the arithmetic mean of the net weight determined in the Union shows a significant difference to the declared value (N= no, Y = yes);

                                       (iii)

                                       data in respect of the standard deviation:

                                                   —

                                                   standard deviation of the net weight per carton in kg (as specified on the IMA 1 certificate – box 9),

                                                   —

                                                   standard deviation of the net weight of the sample cartons (kg),

                                                   —

                                                   whether the standard deviation of the net weight of the net weight determined in the Union shows a significant difference to the declared value (N= no, Y = yes);

                           (c)

                           check of the fat content:

                                       (i)

                                       size of the random sample (number of cartons);

                                       (ii)

                                       data in respect of the mean:

                                                   —

                                                   arithmetic mean of the fat content of the sample cartons in % of fat,

                                                   —

                                                   whether the arithmetic mean of the fat content determined in the Union exceeds 84,4 % (N= no, Y = yes)."

               (4)

               Article 45 is replaced by the following:
               "Article 45
               Within the framework of import tariff quotas, Member States shall notify the Commission of the details of the quantities of products put into free circulation, in accordance with Article 4 of Regulation (EC) No 1301/2006."

               (5)

               The following Article 45a is inserted:
               "Article 45a
               The notifications referred to in this Regulation, except those referred to in Article 15, Article 35a(1) and Article 45, shall be made in accordance with Commission Regulation (EC) No 792/2009 (9).

               (6)

               Annexes V and XIV are deleted.

         Article 2
   Regulation (EC) No 917/2004 is amended as follows:

               (1)

               Article 1 is replaced by the following:
               "Article 1
               The national programmes referred to in Article 105 of Council Regulation (EC) No 1234/2007 (10) (hereinafter referred to as ‘the apiculture programmes’) shall:

                           (a)

                           describe the situation in the sector making it possible to update regularly the structural data in the study referred to in Article 107 of Regulation (EC) No 1234/2007, covering in particular the following:

                                       (i)

                                       total number of beekeepers;

                                       (ii)

                                       number of professional beekeepers with more than 150 hives each;

                                       (iii)

                                       total number of hives;

                                       (iv)

                                       honey production;

                                       (v)

                                       list of aims of the programme;

                           (b)

                           give a detailed description of the measures involved, with estimated costs and financing plan broken down by year at national and regional level, according to the following headings:

                                       (i)

                                       technical assistance to beekeepers;

                                       (ii)

                                       control of varroasis;

                                       (iii)

                                       rationalisation of transhumance;

                                       (iv)

                                       analyses of honey;

                                       (v)

                                       restocking of hives;

                                       (vi)

                                       applied research programmes;

                           (c)

                           refer to the applicable laws, regulations and administrative provisions;

                           (d)

                           list the representative organisations and bee-keeping cooperatives that collaborated with the competent authority of the Member State in drawing up the apiculture programmes;

                           (e)

                           set up the monitoring and assessment arrangements of the apiculture programmes.

               (2)

               In Article 6, the third paragraph is replaced by the following:
               "By 15 December each year, Member States shall notify the Commission of a summary of the implementation of expenditure broken down according to the headings referred to in Article 1(b)."

               (3)

               The following Article 6a is inserted:
               "Article 6a
               The notifications referred to in this Regulation shall be made in accordance with Commission Regulation (EC) No 792/2009 (11).

         Article 3
   Regulation (EC) No 382/2008 is amended as follows:

               (1)

               Article 6 is replaced by the following:
               "Article 6
               1.   No later than the 10th day of each month, Member States shall notify the Commission of the quantities of products, in kilograms product weight or heads, broken down per country of origin, for which import licences were issued in the previous month in relation to out of quota imports.
               2.   No later than 31 October each year, Member States shall notify the Commission of the quantities of products, in kilograms product weight or heads, broken down per country of origin, for which import licences issued during the period from 1 July of the previous year to 30 June of the year in question were unused in relation to out of quota imports.
               3.   Member States shall notify the Commission of the details of the quantities of products put into free circulation in accordance with Article 4 of Commission Regulation (EC) No 1301/2006 (12).

               (2)

               Article 7 is replaced by the following:
               "Article 7
               The notifications referred to in Article 6(1) and (2) shall be made using the product categories indicated in Annex V."

               (3)

               Article 16a is replaced by the following
               "Article 16a
               The notifications referred to in this Regulation with the exception of Article 6(3) shall be made in accordance with Commission Regulation (EC) No 792/2009 (13).

               (4)

               Annexes II, III and IV are deleted.

         Article 4
   Regulation (EC) No 748/2008 is amended as follows:

               (1)

               In Article 8, paragraphs 2 and 3 are replaced by the following:
               "2.   At the latest on the 17th day of the month in which applications are submitted, the Member States shall notify the Commission of the total quantity per country of origin covered by applications.
               3.   Import licences shall be issued as from the 25th and no later than at the end of the month in which the applications were submitted."

               (2)

               Article 9 is amended as follows:

                           (a)

                           Paragraphs 1 and 2 are replaced by the following:
                           "1.   By way of derogation from the second subparagraph of Article 11(1) of Regulation (EC) No 1301/2006, Member States shall notify the Commission:

                                       (a)

                                       no later than 10 August, of the quantities of products, including nil returns, for which import licences were issued in the previous month, regarding the quantities referred to in Article 1(3)(b) of this Regulation;

                                       (b)

                                       no later than 31 August following the end of each import tariff quota period, of the quantities of products, including nil returns, for which import licences were issued in the previous import tariff quota period, regarding the quantities referred to in Article 1(3)(a) of this Regulation;

                                       (c)

                                       no later than 31 October following the end of each import tariff quota period, of the quantities of products, including nil returns, covered by unused or partly used import licences and corresponding to the difference between the quantities entered on the back of the import licences and the quantities for which they were issued.

                                 2.   Member States shall notify the Commission of the details of the quantities of products put into free circulation in accordance with Article 4 of Regulation (EC) No 1301/2006."

                           (b)

                           In paragraph 3, the second subparagraph is replaced by the following:
                           "The notifications regarding the quantities referred to in Article 1(3)(a) of this Regulation shall be made in accordance with Commission Regulation (EC) No 792/2009 (14).

               (3)

               Annexes IV, V and VI are deleted.

         Article 5
   Regulation (EC) No 810/2008 is amended as follows:

               (1)

               In Article 5, paragraphs 2 and 3 are replaced by the following:
               "2.   At the latest on the 10th day of the month in which applications are submitted, Member States shall notify the Commission of the total quantity per country of origin covered by applications.
               3.   Import licences shall be issued as from the 17th and no later than the 21st of the month in which the applications were submitted. Each licence issued shall specify per CN code or group of CN codes the quantity concerned."

               (2)

               Article 11 is amended as follows:

                           (a)

                           paragraph 2 is replaced by the following:
                           "2.   Member States shall notify the Commission of the details of the quantities of products put into free circulation in accordance with Article 4 of Regulation (EC) No 1301/2006."

                           (b)

                           in paragraph 3, the second subparagraph is replaced by the following:
                           "The notifications regarding the quantities referred to in Article 1(1)(b) and (c) and in Article 2(a) to (e) and (g) of this Regulation shall be made in accordance with Commission Regulation (EC) No 792/2009 (15).

               (3)

               Annexes IV, V and VI are deleted.

         Article 6
   Regulation (EC) No 610/2009 is amended as follows:

               (1)

               In Article 10, paragraphs 2 and 3 are replaced by the following:
               "2.   Member States shall notify the Commission of the details of the quantities of products put into free circulation in accordance with Article 4 of Regulation (EC) No 1301/2006.
               3.   The notifications referred to in paragraph 1 shall be made in accordance with Commission Regulation (EC) No 792/2009 (16) and the product categories indicated in Annex V to Regulation (EC) No 382/2008 shall be used.

               (2)

               Annexes V, VI and VII are deleted.

         Article 7
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 December 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 299, 16.11.2007, p. 1.

      (2)  OJ L 228, 1.9.2009, p. 3.

      (3)  OJ L 341, 22.12.2001, p. 29.

      (4)  OJ L 163, 30.4.2004, p. 83.

      (5)  OJ L 115, 29.4.2008, p. 10-

      (6)  OJ L 202, 31.7.2008, p. 28.

      (7)  OJ L 219, 14.8.2008, p. 3.

      (8)  OJ L 180, 11.7.2009, p. 5.

      (9)  OJ L 228, 1.9.2009, p. 3."

      (10)  OJ L 299, 16.11.2007, p. 1."

      (11)  OJ L 228, 1.9.2009, p. 3."

      (12)  OJ L 238, 1.9.2006, p. 13."

      (13)  OJ L 228, 1.9.2009, p. 3."

      (14)  OJ L 228, 1.9.2009, p. 3."

      (15)  OJ L 228, 1.9.2009, p. 3."

      (16)  OJ L 228, 1.9.2009, p. 3."


title: Commission Implementing Regulation (EU) No 1227/2014 of 17 November 2014 fixing an adjustment rate for direct payments provided for in Council Regulation (EC) No 73/2009 in respect of calendar year 2014 and repealing Commission Implementing Regulation (EU) No 879/2014

text:
               18.11.2014

               EN

               Official Journal of the European Union

               L 331/6

         COMMISSION IMPLEMENTING REGULATION (EU) No 1227/2014
   of 17 November 2014
   fixing an adjustment rate for direct payments provided for in Council Regulation (EC) No 73/2009 in respect of calendar year 2014 and repealing Commission Implementing Regulation (EU) No 879/2014
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 26(4) thereof,
   After consulting the Committee on the Agricultural Funds,
   Whereas:

               (1)

               On 21 March 2014 the Commission adopted a proposal for a Regulation of the European Parliament and of the Council on fixing an adjustment rate for direct payments provided for in Council Regulation (EC) No 73/2009 in respect of calendar year 2014 (2). The European Parliament and the Council had not set that adjustment rate by 30 June 2014. Therefore, in accordance with Article 26(3) of Regulation (EU) No 1306/2013, the Commission has set the adjustment rate in Commission Implementing Regulation (EU) No 879/2014 (3).

               (2)

               The forecasts for the direct payments and market related expenditure included in Commission Amending Letter No 1 to the 2015 Draft Budget show the need to adapt the rate of financial discipline which was taken into account in the Draft Budget 2015. That Amending Letter has been established taking into account an amount of financial discipline of EUR 433 million for the reserve for crises in the agricultural sector referred to in Article 25 of Regulation (EU) No 1306/2013. In order to take account of this new information, the Commission should adapt the adjustment rate set in Implementing Regulation (EU) No 879/2014.

               (3)

               As a general rule, farmers submitting an aid application for direct payments for one calendar year (N) are paid within a fixed payment period falling under the financial year (N+1). However, Member States have the possibility to make late payments, within certain limits, to farmers beyond this payment period without any time limits. Such late payments may fall in a later financial year. When financial discipline is applied for a given calendar year, the adjustment rate should not be applied to payments for which aid applications have been submitted in the calendar years other than that for which the financial discipline applies. Therefore, in order to ensure equal treatment of farmers, it is appropriate to provide that the adjustment rate is only applied to payments for which aid applications have been submitted in the calendar year for which the financial discipline is applied, irrespectively of when the payment to farmers is made.

               (4)

               Article 8(1) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council (4) lays down that the adjustment rate applied to direct payments determined in accordance with Article 26 of Regulation (EU) No 1306/2013 applies only to direct payments in excess of EUR 2 000 to be granted to farmers in the corresponding calendar year. Furthermore Article 8(2) of Regulation (EU) No 1307/2013 provides that as a result of the gradual introduction of direct payments, the adjustment rate applies only to Bulgaria and Romania from 1 January 2016 and to Croatia from 1 January 2022. The adjustment rate to be determined by the present Regulation should therefore not apply to payments to farmers in those Member States.

               (5)

               In order to ensure that the adapted adjustment rate is applicable as from the date on which the payments to farmers are to start in accordance with Regulation (EU) No 1306/2013, this Regulation should apply from 1 December 2014.

               (6)

               The adapted adjustment rate should be taken into account for the calculation of all payments to be granted to a farmer for an aid application submitted in respect of calendar year 2014. For the sake of clarity, Implementing Regulation (EU) No 879/2014 should therefore be repealed,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   For the purpose of applying the adjustment provided for in Articles 25 and 26 of Regulation (EU) No 1306/2013 and in accordance with Article 8(1) of Regulation (EU) No 1307/2013, the amounts of the payments within the meaning of Article 2(d) of Council Regulation (EC) No 73/2009 (5) to be granted to a farmer in excess of EUR 2 000 for an aid application submitted in respect of calendar year 2014 shall be reduced by 1,302214 %.
   2.   The reduction provided for in paragraph 1 shall not apply in Bulgaria, Croatia and Romania.
   Article 2
   Implementing Regulation (EU) No 879/2014 is repealed.
   Article 3
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 December 2014.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 November 2014.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 347, 20.12.2013, p. 549.

      (2)  COM(2014)175.

      (3)  Commission Implementing Regulation (EU) No 879/2014 of 12 August 2014 fixing an adjustment rate for direct payments provided for in Council Regulation (EC) No 73/2009 in respect of calendar year 2014 (OJ L 240, 13.8.2014, p. 20).

      (4)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).

      (5)  Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ L 30, 31.1.2009, p. 16).


title: Commission Implementing Regulation (EU) No 300/2013 of 27 March 2013 amending Regulation (EU) No 605/2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk and dairy products intended for human consumption  Text with EEA relevance

text:
               28.3.2013

               EN

               Official Journal of the European Union

               L 90/71

         COMMISSION IMPLEMENTING REGULATION (EU) No 300/2013
   of 27 March 2013
   amending Regulation (EU) No 605/2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk and dairy products intended for human consumption
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the introductory phrase of Article 8, the first subparagraph of point (1) and point (4) of Article 8 and Article 9(4) thereof,
   Having regard to Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (2), and in particular Article 11(1) thereof,
   Whereas:

               (1)

               Commission Regulation (EU) No 605/2010 (3) lays down the public and animal health conditions and certification requirements for the introduction into the Union of consignments of raw milk and dairy products and the list of third countries from which the introduction into the Union of such consignments is authorised.

               (2)

               Annex I to Regulation (EU) No 605/2010 sets out a list of third countries or parts thereof authorised for the introduction into the Union of consignments of raw milk and dairy products and indicates the type of heat treatment required for such commodities. Article 4 of Regulation (EU) No 605/2010 provides that Member States are to authorise the importation of consignments of dairy products derived from raw milk of cows, ewes, goats or buffaloes from the third countries or parts thereof at risk of foot-and-mouth disease, which are listed in column C of Annex I to that Regulation, provided that such dairy products have undergone, or been produced from raw milk which has undergone, a heat treatment as referred to in that Article.

               (3)

               The risk arising from imports into the Union of dairy products produced from raw milk of camels of the species Camelus dromedarius (dromedary camels) from third countries or parts thereof at risk of foot-and-mouth disease listed in column C of Annex I to Regulation (EU) No 605/2010 is not greater than from imports of dairy products derived from raw milk of cows, ewes, goats or buffaloes, provided that such dairy products have undergone, or been produced from raw milk which has undergone, the heat treatments referred to in Article 4 of that Regulation. Accordingly, that Article should be amended to cover dairy products derived from raw milk of that species.

               (4)

               In addition, the Emirate of Dubai of the United Arab Emirates, which is a third country not listed by the World Organisation for Animal Health as being free of foot-and-mouth disease, has expressed an interest in exporting to the Union dairy products produced from raw milk derived from dromedary camels after physical or chemical treatment in accordance with Article 4 of Regulation (EU) No 605/2010 and has submitted information in accordance with Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (4).

               (5)

               The Commission inspection service audited with satisfactory results the animal and public health controls on the production of milk derived from dromedary camels in the Emirate of Dubai. In addition, the recommendations of the Commission inspection service were adequately addressed by the Emirate of Dubai.

               (6)

               Based on that information, it can be concluded that the Emirate of Dubai can provide the necessary guarantees to ensure that dairy products produced in the Emirate of Dubai from raw milk of dromedary camels are in conformity with the applicable animal and public health requirements for imports into the Union of dairy products from third countries or parts thereof at risk of foot-and-mouth disease listed in column C of Annex I to Regulation (EU) No 605/2010.

               (7)

               In order to authorise imports into the Union of dairy products produced from dromedary camel milk from certain parts of the territory of the United Arab Emirates, the Emirate of Dubai should be added to the list of third countries or parts thereof referred to in Annex I to Regulation (EU) No 605/2010, with an indication that the authorisation provided for in Column C of that list applies only to dairy products produced from milk of that species.

               (8)

               The model of health certificate ‘Milk-HTC’ in Part 2 of Annex II to Regulation (EU) No 605/2010 should be amended in order to include a reference to dairy products produced from milk of dromedary camels.

               (9)

               Certain dairy products covered by Regulation (EU) No 605/2010 do not fall within the commodity codes (HS codes) referred to in the model health certificates for dairy products. In order to allow a more precise identification of those commodities in the model health certificates, it is necessary to add the missing HS codes 15.17 (margarine) and 28.35 (phosphates) in the respective models of the health certificates ‘Milk-HTB’, ‘Milk-HTC’ and ‘Milk-T/S’ in Annex II to that Regulation.

               (10)

               Regulation (EU) No 605/2010 should therefore be amended accordingly.

               (11)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EU) No 605/2010 is amended as follows:

               (1)

               in Article 4(1), the introductory phrase is replaced by the following:
               ‘Member States shall authorise the importation of consignments of dairy products derived from raw milk of cows, ewes, goats, buffaloes or, where specifically authorised in Annex I, from camels of the species Camelus dromedarius from the third countries or parts thereof at risk of foot-and-mouth disease listed in column C of Annex I, provided that such dairy products have undergone, or been produced from raw milk which has undergone, a heat treatment involving:’;

               (2)

               Annexes I and II are amended in accordance with the Annex to this Regulation.

         Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 April 2013.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 27 March 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 18, 23.1.2003, p. 11.

      (2)  OJ L 139, 30.4.2004, p. 206.

      (3)  OJ L 175, 10.7.2010, p. 1.

      (4)  OJ L 165, 30.4.2004, p. 1.

      ANNEX
      The Annexes to Regulation (EU) No 605/2010 are amended as follows:

                  (1)

                  Annex I is amended as follows:

                              (a)

                              the following entry is inserted after the entry for Andorra in the table set out in that Annex:

                                          ‘AE

                                          The Emirate of Dubai of the United Arab Emirates (1)

                                          0

                                          0

                                          + (2)’

                              (b)

                              the following footnotes are added to the table set out in that Annex:

                                          ‘(1)

                                          Only dairy products produced from milk of camels of the species Camelus dromedarius.

                                          (2)

                                          Dairy products produced from milk of camels of the species Camelus dromedarius are authorised.’;

                  (2)

                  in Annex II, Part 2 is amended as follows:

                              (a)

                              in Model Milk-HTB, in the Notes, in Part I, Box reference I.19 is replaced by the following:

                                          ‘—

                                          Box reference I.19: Use the appropriate Harmonised System (HS) code under the following headings: 04.01; 04.02; 04.03; 04.04; 04.05; 04.06; 15.17; 17.02; 21.05; 22.02; 28.35; 35.01; 35.02 or 35.04.’;

                              (b)

                              the Model Milk-HTC is replaced by the following:
                              ‘
                                    Model Milk-HTC

                                 Health certificate for dairy products for human consumption from third countries or parts thereof authorised in column C of Annex I to Regulation (EU) No 605/2010 intended for importation into the European Union

                              (c)

                              in Model Milk-T/S, in the Notes, in Part I, Box reference I.19 is replaced by the following:

                                          ‘—

                                          Box reference I.19: use the appropriate Harmonised System (HS) code under the following headings: 04.01; 04.02; 04.03; 04.04; 04.05; 04.06; 15.17; 17.02; 19.01; 21.05; 21.06; 22.02; 28.35; 35.01; 35.02 or 35.04.’.


title: 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

text:
               15.11.2012

               EN

               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,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 144(1) and Article 148(c), in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Chapter I of Title 2 of Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying 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) 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 581/2011 of the European Parliament and of the Council (4) extended the application of Regulation (EC) No 55/2008 until the end of 2015. It is therefore appropriate that Regulation (EC) No 2535/2001 takes into account the extension of the duration of the quota No 09.4210.

               (2)

               Chapter II of Title 2 of Regulation (EC) No 2535/2001 provides for rules concerning preferential non-quota imports under specific agreements and acts. It is appropriate, for the sake of proper administration of the imports, that those rules apply also to all other preferential non-quota imports which are covered by Article 2 of that Regulation. In addition, it is appropriate, for the 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.

               (3)

               Regulation (EC) No 2535/2001 should therefore be amended accordingly.

               (4)

               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 2535/2001 is amended as follows:

               (1)

               Chapter II of Title 2 is replaced by the following:
               "CHAPTER II

                  Non-quota imports on the basis of an import licence alone

               Article 20
               1.   This Chapter shall apply to:

                           (a)

                           preferential imports, not subject to quotas, as referred to in:

                                       (i)

                                       Annex I to Protocol 1 to Decision No 1/98 of the EC-Turkey Association Council,

                                       (ii)

                                       Annex IV to the Agreement with South Africa,

                                       (iii)

                                       Annex 2 to the Agreement between the European Community and Switzerland on trade in agricultural products;

                           (b)

                           any other preferential imports, not subject to quotas, of the products referred to in point J of Part I of Annex II to Regulation (EC) No 376/2008.

                     2.   For the imports referred to in point (a) of paragraph 1, the products concerned and the rates of duty applicable are listed in Annex II to this Regulation.
               Article 21
               1.   Licence applications and licences shall show:

                           (a)

                           in box 8, the country of origin;

                           (b)

                           in box 20, one of the entries listed in Annex XVI.

                     2.   Licences shall show in box 24 the applicable reduced rate of duty.
               3.   Licences shall carry an obligation to import from the country indicated in box 8.
               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

      (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.

      (4)  OJ L 165, 24.6.2011, p.5.

      ANNEX

         ‧I.J

         TARIFF QUOTA UNDER ANNEX I TO REGULATION (EC) No 55/2008

                     Quota number

                     CN code

                     Description (1)

                     Country of origin

                     Import year

                     Annual quota from 1 January to 31 December
                     (in tonnes)
                     (in product weight)

                     Import duty
                     (EUR/100 kg net weight)

                     Annual

                     Six-monthly

                     09.4210

                     0401 to 0406

                     The Republic of Moldova

                     0

                     Dairy products

                     From 1 July to 31 December 2008

                     1 000

                     2009

                     1 000

                     500

                     2010 to 2015

                     1 500

                     750

         (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 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.‧


title: Commission Implementing Regulation (EU) No 1335/2014 of 16 December 2014 amending Regulation (EC) No 2535/2001 laying 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

text:
               17.12.2014

               EN

               Official Journal of the European Union

               L 360/6

         COMMISSION IMPLEMENTING REGULATION (EU) No 1335/2014
   of 16 December 2014
   amending Regulation (EC) No 2535/2001 laying 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
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 187 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 1101/2014 (2) provides for amendments in CN codes for dairy products of Chapter 4 with effect from 1 January 2015.

               (2)

               Commission Regulation (EC) No 2535/2001 (3) lays down detailed rules as regards the import arrangements for milk and milk products and opening tariff quotas. To reflect amendments in CN codes for dairy products, it is necessary to update Annexes I, II and VIIa to that Regulation.

               (3)

               Article 4(2) of Regulation (EC) No 2535/2001 refers to CN codes which are deleted with effect from 1 January 2015. Moreover, Annex 3, relating to concessions regarding cheeses, to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (4), approved by Decision 2002/309/EC, Euratom of the Council and of the Commission (5), provides for the full liberalisation of the bilateral trade in cheeses as from 2007. That provision is therefore obsolete and should be deleted.

               (4)

               Article 19a(1)(c) and (4)(c) relating to Part 3 of Annex VIIa to Regulation (EC) No 2535/2001 and Article 20(1)(a)(ii) relating to Part C of Annex II to that Regulation concern respectively a cheese tariff quota and preferential imports in application of the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part (6), approved by Council Decision 2004/441/EC (7). Those provisions refer to CN codes which are deleted with effect from 1 January 2015. Since the corresponding quota period and import duty elimination period have expired, it is appropriate to delete those provisions.

               (5)

               Regulation (EC) No 2535/2001 should therefore be amended accordingly.

               (6)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 2535/2001 is amended as follows:

               (1)

               In Article 4, paragraph 2 is deleted;

               (2)

               In Article 19a, paragraphs 1(c) and 4(c) are deleted;

               (3)

               In Article 20, paragraph (1)(a)(ii) is deleted;

               (4)

               Annex I is amended in accordance with Annex I to this Regulation;

               (5)

               Annex II is amended as follows:

                           (a)

                           Part B is replaced by the text in Annex II to this Regulation;

                           (b)

                           Part C is deleted;

               (6)

               Annex VIIa is amended as follows:

                           (a)

                           Part 3 is deleted;

                           (b)

                           Part 4 is replaced by the text in Annex III 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.
   It shall apply from 1 January 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 December 2014.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 347, 20.12.2013, p. 671.

      (2)  Commission Implementing Regulation (EU) No 1101/2014 of 16 October 2014 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 312, 31.10.2014, p. 1).

      (3)  Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying 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 (OJ L 341, 22.12.2001, p. 29).

      (4)  OJ L 114, 30.4.2002, p. 132.

      (5)  Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (OJ L 114, 30.4.2002, p. 1).

      (6)  OJ L 311, 4.12.1999, p. 3.

      (7)  Council Decision 2004/441/EC of 26 April 2004 concerning the conclusion of the Trade, Development and Cooperation Agreement between the European Community and its Member States, on the one part, and the Republic of South Africa, on the other part (OJ L 127, 29.4.2004, p. 109).

      ANNEX I
      Annex I to Regulation (EC) No 2535/2001 is amended as follows:

                  (1)

                  Part I.A is replaced by the following:

                     ‘I. A

                  TARIFF QUOTAS NOT SPECIFIED BY COUNTRY OF ORIGIN

                              Quota number

                              CN code

                              Description (2)

                              Import duty
                              (EUR/100 kg net weight)

                              Country of origin

                              Annual quota
                              (in tonnes)

                              Six-monthly quota
                              (in tonnes)

                              09.4590

                              0402 10 19

                              Skimmed-milk powder

                              47,50

                              All third countries

                              68 537

                              34 268,5

                              09.4599

                              0405 10 11
                              0405 10 19
                              0405 10 30
                              0405 10 50
                              0405 10 90
                              0405 90 10 (1)

                              0405 90 90 (1)

                              Butter and other fats and oils derived from milk

                              94,80

                              All third countries

                              11 360

                              5 680

                              in butter equivalent (1)

                              09.4591

                              ex 0406 10 30
                              ex 0406 10 50
                              ex 0406 10 80

                              Pizza cheese, frozen, cut into pieces each weighing not more than 1 gram, in containers with a net content of 5 kg or more, of a water content, by weight, of 52 % or more, and a fat content by weight in the dry matter of 38 % or more

                              13,00

                              All third countries

                              5 360

                              2 680

                              09.4592

                              ex 0406 30 10

                              Processed Emmentaler

                              71,90

                              All third countries

                              18 438

                              9 219

                              0406 90 13

                              Emmentaler

                              85,80

                              09.4593

                              ex 0406 30 10

                              Processed Gruyère

                              71,90

                              All third countries

                              5 413

                              2 706,5

                              0406 90 15

                              Gruyère, Sbrinz

                              85,80

                              09.4594

                              0406 90 01 (3)

                              Cheese for processing

                              83,50

                              All third countries

                              20 007

                              10 003,5

                              09.4595

                              0406 90 21

                              Cheddar

                              21,00

                              All third countries

                              15 005

                              7 502,5

                              09.4596

                              ex 0406 10 30
                              ex 0406 10 50
                              ex 0406 10 80

                              Fresh (unripened or uncured) cheese, including whey cheese, and curd, other than pizza cheese of quota number 09.4591

                              92,60
                              92,60
                              106,40

                              All third countries

                              19 525

                              9 762,5

                              0406 20 00

                              Grated or powdered cheese

                              94,10

                              0406 30 31

                              Other processed cheese,
                              not grated or powdered

                              69,00

                              0406 30 39

                              71,90

                              0406 30 90

                              102,90

                              0406 40 10
                              0406 40 50
                              0406 40 90

                              Blue-veined cheese and other cheese containing veins produced by Penicillium roqueforti

                              70,40

                              0406 90 17

                              Bergkäse and Appenzell

                              85,80

                              0406 90 18

                              Fromage Fribourgeois, Vacherin Mont d'Or and Tête de Moine

                              75,50

                              0406 90 23

                              Edam

                              75,50

                              0406 90 25

                              Tilsit

                              75,50

                              0406 90 29

                              Kashkaval

                              75,50

                              0406 90 32

                              Feta

                              75,50

                              0406 90 35

                              Kefalo-Tyri

                              75,50

                              0406 90 37

                              Finlandia

                              75,50

                              0406 90 39

                              Jarlsberg

                              75,50

                              0406 90 50

                              Cheese of sheep's milk or buffalo milk in containers containing brine, or in sheepskin or goatskin bottles

                              75,50

                              ex 0406 90 63

                              Pecorino

                              94,10

                              0406 90 69

                              Other

                              94,10

                              0406 90 73

                              Provolone

                              75,50

                              0406 90 74

                              Maasdam

                              75,50

                              ex 0406 90 75

                              Caciocavallo

                              75,50

                              ex 0406 90 76

                              Danbo, Fontal, Fynbo, Havarti, Maribo, Samsø

                              75,50

                              0406 90 78

                              Gouda

                              75,50

                              ex 0406 90 79

                              Esrom, Italico, Kernhem, Saint-Paulin

                              75,50

                              ex 0406 90 81

                              Cheshire, Wensleydale, Lancashire, Double Gloucester, Blarney, Colby, Monterey

                              75,50

                              0406 90 82

                              Camembert

                              75,50

                              0406 90 84

                              Brie

                              75,50

                              0406 90 86

                              Other cheese of a fat content, by weight, not exceeding 40 % and a water content, by weight, in the non-fatty matter, exceeding 47 % but not exceeding 52 %

                              75,50

                              0406 90 89

                              Other cheese of a fat content, by weight, not exceeding 40 % and a water content, by weight, in the non-fatty matter, exceeding 52 % but not exceeding 62 %

                              75,50

                              0406 90 92

                              Other cheese of a fat content, by weight, not exceeding 40 % and a water content, by weight, in the non-fatty matter, exceeding 62 % but not exceeding 72 %

                              75,50

                              0406 90 93

                              Other cheese of a fat content, by weight, not exceeding 40 % and a water content, by weight, in the non-fatty matter, exceeding 72 %

                              92,60

                              0406 90 99

                              Other cheeses of a fat content, by weight, exceeding 40 %

                              106,40

                        ;

                  (2)

                  Part I.I is replaced by the following:

                     ‘I. I

                     Tariff quotas under Annex II to the Agreement with Iceland approved by Decision 2007/138/EC

                     Annual quota from 1 July to 30 June

                  (Quantity in tonnes)

                              Quota number

                              CN code

                              Description (4)

                              Applicable duty

                              Annual quantity

                              Half yearly quantity as from 1.1.2008

                              09.4205

                              0405 10 11
                              0405 10 19

                              Natural butter

                              Exemption

                              350

                              175

                              09.4206

                              ex 0406 10 50 (5)

                              “Skyr”

                              Exemption

                              380

                              190

         (1)  1 kg of product = 1,22 kg butter

         (2)  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 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.

         (3)  The cheeses referred to are considered as processed when they have been processed into products falling within subheading 0406 30 of the Combined Nomenclature. Articles 291 to 300 of Regulation (EEC) No 2454/93 apply.’

         (4)  Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential arrangements being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are referred to, the applicability of the preferential arrangements is determined to the basis of the CN code and the corresponding description taken jointly.

         (5)  CN code subject to modification, pending confirmation of classification of the product.’

      ANNEX II

            ‘II. B

         PREFERENTIAL IMPORT ARRANGEMENTS TURKEY

                     Serial number

                     CN code

                     Description (1)

                     Country of origin

                     Import duty
                     (EUR/100 kg net weight without further indication)

                     1

                     0406 90 29

                     Kashkaval

                     Turkey

                     67,19

                     2

                     0406 90 50

                     Cheeses made from sheep's milk or buffalo milk, in containers containing brine, or in sheepskin or goatskin bottles

                     Turkey

                     67,19

                     3

                     ex 0406 90 86
                     ex 0406 90 89
                     ex 0406 90 92

                        Tulum peyniri, made from sheep's milk or buffalo milk, in individual plastic or other kind of packing of less than 10 kg

                     Turkey

                     67,19

         (1)  Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the applicability of the preferential scheme being determined, for the purposes of this Annex, by the coverage 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.’

      ANNEX III

            ‘4.

         TARIFF QUOTAS UNDER PROTOCOL 1 TO DECISION No 1/98 OF THE EC-TURKEY ASSOCIATION COUNCIL

                     Quota number

                     CN code

                     Description (1)

                     Country of origin

                     Annual quota from 1 January to 31 December
                     (in tonnes)

                     Import duty
                     (EUR/100 kg net weight)

                     09.0243

                     0406 90 29

                     Kashkaval

                     Turkey

                     2 300

                     0

                     0406 90 50

                     Cheese of sheep's milk or buffalo milk, in containers containing brine, or in sheepskin or goatskin bottles

                     ex 0406 90 86
                     ex 0406 90 89
                     ex 0406 90 92

                     Tulum Peyniri, made from sheep's milk or buffalo milk, in individual plastic or other kind of packings of less than 10 kg

         (1)  Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the applicability of the preferential scheme being determined, for the purposes of this Annex, by the coverage of the CN codes. 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.’


title: Commission Implementing Regulation (EU) No 262/2013 of 18 March 2013 approving a minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Melon du Quercy (PGI))

text:
               22.3.2013

               EN

               Official Journal of the European Union

               L 82/21

         COMMISSION IMPLEMENTING REGULATION (EU) No 262/2013
   of 18 March 2013
   approving a minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Melon du Quercy (PGI))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular the second subparagraph of Article 53(2) thereof,
   Whereas:

               (1)

               Regulation (EU) No 1151/2012 entered into force on 3 January 2013. It repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).

               (2)

               In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined France’s application for the approval of amendments to the specification for the protected geographical indication ‘Melon du Quercy’ registered in accordance with Commission Regulation (EC) No 1165/2004 (3), as amended by Regulation (EC) No 1040/2007 (4).

               (3)

               The purpose of the application is to amend the specification by giving more detailed information on the product description, the proof of origin, the method of production, labelling, national requirements and the contact details of the control body.

               (4)

               The Commission has examined the amendments in question and decided that they are justified. Since this is a minor amendment, the Commission may adopt it without using the procedure set out in Articles 50 to 52 of Regulation (EU) No 1151/2012,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The specification for the protected geographical indication ‘Melon du Quercy’ is hereby amended in accordance with Annex I to this Regulation.
   Article 2
   Annex II to this Regulation contains the Single Document setting out the main points of the specification.
   Article 3
   This Regulation shall enter into force on the twentieth 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, 18 March 2013.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

      (1)  OJ L 343, 14.12.2012, p. 1.

      (2)  OJ L 93, 31.3.2006, p. 12.

      (3)  OJ L 224, 25.6.2004, p. 16.

      (4)  OJ L 238, 11.9.2007, p. 29.

      ANNEX I
      The following amendments to the specification for the protected geographical indication ‘Melon du Quercy’ are approved:
      1.   Description of the agricultural product
      As the European marketing standard for melons was repealed on 1 July 2009 (Regulation (EC) No 1615/2001), the reference made to class I of the Regulation is replaced by adding to the specification objective elements initially imposed by the standard (characteristics of the variety, good quality and uniform packaging).
      The initial specification distinguished between ‘Charentais-type melons’ and ‘other types of long-keeping melons’. Given that all the melons used to produce ‘Melon du Quercy’ are of the Charentais type, a concise rewording is proposed.
      In order to simplify the layout, the list of packaging classes is replaced by an explicit obligation to pack the melons uniformly, with the largest melon not weighing over 30 % more than the smallest.
      As regards sugar content, national legislation on the certification conditions of this product imposed a minimum value of 11° Brix, which corresponds to production practices. It is therefore proposed to amend the specification of the PGI by replacing ‘greater than 11° Brix’ by ‘greater than or equal to 11° Brix’.
      2.   Elements proving that the agricultural product originates from the defined area
      A requirement concerning the identification of the operators is introduced in order to reinforce the control of the origin of ‘Melon du Quercy’. All the obligations concerning declarations, register keeping and product identification are introduced in this chapter.
      In order to take into account the specificities of marketing on the retail market and keeping in mind that all Quercy melons are identified individually, it is no longer obligatory to identify the packages. Instead, consumers are provided with information through point-of-sale advertising or on the price tag.
      3.   Description of the method of production
      The production chart has been officially changed to highlight the different steps in the production of ‘Melon du Quercy’: production, sorting and packaging, and storage. A distinction is no longer made between the different marketing channels and instead the common obligations of all the operators are highlighted.
      The procedure for establishing the annual lists of authorised varieties is specified in order to guarantee the quality of ‘Melon du Quercy’.
      In connection with the transcription of provisions from national legislation and in order to provide more detailed information on the production phases, rules related to planting and sowing, irrigation, fertilisation, phytosanitary protection, approval and sorting are added to the specification.
      Varietal development and the experience gained over the past 15 years, in particular the hot summers (especially in 2005), make it possible to guarantee that the quality of ‘Melon du Quercy’ will remain unchanged if the melon is harvested after 13.00, in other words when temperatures are higher. The obligation to harvest before 13.00 is therefore abolished.
      Similarly, laying out the harvested melons in a single layer was justified in the case of highly shock-sensitive varieties. However, since tests carried out in 2009 did not reveal any loss of quality, the possibility of placing the harvested melons into pallets (packaging in several layers) is introduced.
      As regards packaging, the reference to trays is deleted to allow the use of better-quality packaging, such as punnets.
      In order to take into account the specificities of marketing on the retail market in a situation where the melons are regularly rearranged on the stalls, the obligation to use cellular trays and paper is deleted for this type of marketing.
      4.   Control structure
      The contact details of the control body are updated. A reference to its accreditation is added.
      5.   Specific labelling details
      Obligations specific to the PGI are introduced. The obligations related to national legislation are deleted (CCP).
      6.   Requirements to be met under European or national provisions
      Introduction of a table of the main points to be verified, in accordance with national requirements.

      ANNEX II

         SINGLE DOCUMENT

      Regulation (EC) No 510/2006 (1)

      ‘MELON DU QUERCY’
      EC No: FR-PGI-0205-0086-13.10.2011

         PGI (X) PDO ( )

      1.   Name

      ‘Melon du Quercy’
      2.   Member State or Third Country

      France
      3.   Description of the agricultural product or foodstuff

      3.1.   Type of product

                  Class 1.6.

                  Fruit, vegetables and cereals, fresh or processed

            3.2.   Description of product to which the name in point 1 applies

      Of the Charentais-type variety, a melon with a smooth or netted grey/green to yellow peel and orange flesh and a minimum weight of 450 g.
      Whole, healthy, fresh-looking, firm, clean, of good quality; the peduncle of fruit harvested with their peduncle attached must be less than 2 cm.
      The melon must have a refractive index of at least 11° Brix.
      ‘Melon du Quercy’ is put up for sale whole and packaged. For each package, the weight of the biggest melon may not exceed by more than 30 % the weight of the smallest.
      The contents of each package must be uniform and contain only melons that have reached appreciably the same degree of development and ripeness and are of appreciably the same colour.
      3.3.   Raw materials (for processed products only)

      —
      3.4.   Feed (for products of animal origin only)

      —
      3.5.   Specific steps in production that must take place in the defined geographical area

      ‘Melon du Quercy’ is cultivated in the geographical area of the PGI.
      3.6.   Specific rules concerning slicing, grating, packaging, etc.

      The approval, sorting and packaging take place in the geographical area of the PGI.
      In order to guarantee the quality of the product, these operations must be carried out very rapidly so that the product can be placed on the market within six days of the harvest.
      Approval and sorting are carried out in the geographical area, because these stages are essential for successfully selecting melons that qualify for the PGI. These operations are carried out by trained operators capable of judging when the melon is fully ripe on the basis of the peel’s colour and the sugar content as measured by refractometry.
      Packaging, too, takes place in the geographical area, because it is done simultaneously with sorting and approval so as to limit the frequency of handling, which may affect the qualities of ‘Melon du Quercy’. Furthermore, traceability is ensured by identifying the melons and the packages individually using the ‘Melon du Quercy’ logo as well as by specific stock accounting.
      3.7.   Specific rules concerning labelling

                  —

                  name of product: ‘Melon du Quercy’

                  —

                  the PGI logo or the indication ‘Indication Géographique Protégée’

                  —

                  the ‘Melon du Quercy’ logo on each fruit.

            4.   Concise definition of the geographical area

      The geographical area of the ‘Melon du Quercy’ PGI covers:

                  —

                  the department of Lot, the cantons of Castelnau-Montratier, Lalbenque, Montcuq, and the municipalities of Cambayrac, Carnac-Rouffiac, Concots, Floressas, Labastide-Marnhac, Lacapelle-Cabanac, Mauroux, Le Montat, Sauzet, Sérignac and Villesèque,

                  —

                  the department of Lot-et-Garonne, the cantons of Beauville, Penne-d’Agenais, Puymirol, Tournon-d’Agenais),

                  —

                  the department of Tarn-et-Garonne, the cantons of Bourg-de-Visa, Caussade, Lafrançaise, Lauzerte, Moissac, Molières, Monclar-de-Quercy, Montaigu-de-Quercy, Montauban, Montpezat-de-Quercy, Négrepelisse, Villebrumier as well as the municipalities of Castelsagrat, Gasques, Goudourville, Montjoi, Mouillac, Perville, Pommevic, Saint-Clair and Valence.

            5.   Link with the geographical area

      5.1.   Specificity of the geographical area

      It is characterised by a climate with an alternation of ocean (cool and wet) and Mediterranean (hot and dry) influences that produce large temperature ranges. This temperate climate is well suited to growing the melon.
      The land used has clay-limestone soil. These types of soil are particularly well adapted to the cultivation of the melon.
      5.2.   Specificity of the product

      ‘Melon du Quercy’ is of the Charentais-type variety, which has a smooth, netted peel with more or less prominent grooves/furrows.
      It has an orange flesh that is juicy and both firm and tender.
      The selection of varieties according to agronomic and aromatic criteria (flavour, taste, etc.) linked to the clay-limestone soils, typical climate and harvesting criteria (fully ripe) are key factors in obtaining fruit that live up to their potential: sweet flavour (11° Brix minimum), well-developed fragrances and tastes, sustained and characteristic aromas.
      5.3.   Causal link between the geographical area and the quality or characteristics of the product (for PDO) or a specific quality, the reputation or other characteristic of the product (for PGI)

      The soil and climatic conditions of the geographical area contribute to the production of aromatic fruit.
      On the one hand, the clay-limestone soils with their balanced and well-aerated structure enable steady growth of the plants and an optimal mineral balance for the fruit.
      On the other hand, the specific climate of Quercy affects the setting, thus maximising the number of fruit per foot. This way each fruit is better nourished. At the same time, the Mediterranean influences (hot and dry), especially during the summer, promote the ripening of the fruit.
      The quality of ‘Melon du Quercy’ is also based on the ancient know-how of the operators involved in the production of ‘Melon du Quercy’. This is evident in their ability to select varieties specifically adapted to the production area, in the harvesting of fully ripe fruit and in an optimal timetable for preparing the melons after harvesting.
      The reputation of the melon was established when operators identified ‘Melon du Quercy’ already back in 1994. The many events surrounding the marketing of the melon contribute to its reputation, for example the festival of Belfort du Quercy held in mid-August or the opening of the season in July 1994 at the prefecture of Lot, which received much attention in the local press. In July 1996, La Dépêche du Midi ran an article entitled ‘l’excellence du Melon du Quercy’.

         Publication reference of the specification

      (Article 5(7) of Regulation (EC) No 510/2006)
      https://www.inao.gouv.fr/fichier/CDCIGPMelonDuQuercy.pdf

         (1)  Replaced by Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs.


title: Commission Implementing Regulation (EU) No 1313/2011 of 13 December 2011 amending Regulations (EC) No 2535/2001 and (EC) No 1187/2009 as regards the CN codes for dairy products

text:
               16.12.2011

               EN

               Official Journal of the European Union

               L 334/10

         COMMISSION IMPLEMENTING REGULATION (EU) No 1313/2011
   of 13 December 2011
   amending Regulations (EC) No 2535/2001 and (EC) No 1187/2009 as regards the CN codes for dairy products
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Articles 144 and 148 in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (2) provides for amendments in CN codes for dairy products of Chapter 4.

               (2)

               It is necessary to update Part I.F of Annex I to Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying 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 (3), as well as Article 27 and Annex II to Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (4).

               (3)

               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Part I.F of Annex I to Regulation (EC) No 2535/2001 is replaced by the text in the Annex to this Regulation.
   Article 2
   Regulation (EC) No 1187/2009 is amended as follows:

               (1)

               In Article 27(2), the code 0402 21 19 9900 is replaced by 0402 21 18 9900;

               (2)

               In Group No 1 of Annex II, the code 0401 30 is replaced by the codes 0401 40 and 0401 50.

         Article 3
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 13 December 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 299, 16.11.2007, p. 1.

      (2)  OJ L 282, 28.10.2011, p. 1.

      (3)  OJ L 341, 22.12.2001, p. 29.

      (4)  OJ L 318, 4.12.2009, p. 1.

      ANNEX

         "I. F

         TARIFF QUOTA UNDER ANNEX II TO THE AGREEMENT BETWEEN THE COMMUNITY AND SWITZERLAND ON TRADE IN AGRICULTURAL PRODUCTS

                     Quota No

                     CN code

                     Description

                     Customs duty

                     Quota from 1 July to 30 June
                     in tonnes

                     09.4155

                     ex 0401 40

                                 —

                                 of a fat content, by weight, exceeding 6 % but not exceeding 10 %

                     exemption

                     2 000"

                     ex 0401 50

                                 —

                                 of a fat content, by weight, exceeding 10 %

                     0403 10

                     Yoghurt


title: 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

text:
               25.1.2013

               EN

               Official Journal of the European Union

               L 22/1

         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,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 144(1) and Article 148(c), in conjunction with Article 4 thereof,
   Whereas:

               (1)

               Section 1 of Chapter III of Title 2 of Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying 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 out the rules on the management of import quotas by certain third countries listed in Annex III.B to that Regulation. Those rules provide for the issuing of an import licence upon presentation of a corresponding inward-monitoring arrangement (IMA 1) certificate.

               (2)

               The experience as regards the management of the tariff quotas for New Zealand cheese (quota numbers 09.4514 and 09.4515) proved that an equally efficient management of those quotas could also be achieved through a system which entails less administrative burden for importers and the licences issuing bodies of 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 licences is no longer subject to the presentation of that certificate. It is therefore appropriate to submit those quotas to the rules of Chapter I of Title 2 of Regulation (EC) No 2535/2001.

               (3)

               With the view to prevent speculation while ensuring a maximum utilisation of the tariff quotas for New Zealand cheese, licence applications should be limited to 25 % of the relevant quota available.

               (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 the Union, it is appropriate to provide for a third allocation round of import licences in September for the quotas referred to in Part K of Annex I and Part A of Annex III.

               (5)

               Regulation (EC) No 2535/2001 should therefore be amended accordingly.

               (6)

               In order to give sufficient time to the applicants, the competent authorities and the Member States to comply with the new rules, it is appropriate that those rules apply from the quota year 2014.

               (7)

               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment of Regulation (EC) No 2535/2001
   Regulation (EC) No 2535/2001 is amended as follows:

               (1)

               in Article 5, the following point is added:

                           ‘(k)

                           the quotas referred to in Part K of Annex I.’;

               (2)

               in Article 6, the first paragraph is replaced by the following:
               ‘Annex I sets out the tariff quotas, the duties to be applied, the maximum quantities to be imported each year, the import tariff quota periods and their division into subperiods.’;

               (3)

               in Article 13, paragraph 2 is replaced by the following:
               ‘2.   Licence applications shall relate to at least 10 tonnes and no more than the quantity available under the quota for the subperiod as referred to in Article 6.
               However, licence applications shall relate:

                           (a)

                           in the case of the quotas referred to in point (a) of Article 5, to no more than 10 % of the quantity available;

                           (b)

                           in the case of the quotas referred to in point (k) of Article 5, to no more than 25 % of the quantity available.’;

               (4)

               in Article 14, the following paragraph 1a is inserted:
               ‘1a.   For the quotas referred to in Part K of Annex I, licence applications may be lodged only:

                           (a)

                           from 20 to 30 November, for imports during the period from 1 January to 30 June following;

                           (b)

                           from 1 to 10 June, for imports during the period from 1 July to 31 December following;

                           (c)

                           from 1 to 10 September, for imports during the period from 1 October to 31 December following.’;

               (5)

               in Article 19, the following paragraph 3 is added:
               ‘3.   For the quotas referred to in Part K of Annex I, the reduced rate of duty shall be applied on:

                           (a)

                           acceptance of the declaration of release for free circulation;

                           (b)

                           presentation of the import licence; and

                           (c)

                           presentation of an IMA 1 certificate as set out in 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 and the origin of the product covered by the declaration of release for free circulation.
                           Customs authorities shall indicate the serial number of the IMA 1 certificate on the import licence.
                           Article 37(2), (3) and (4) shall apply mutatis mutandis.’;

               (6)

               in Article 34, paragraph 4 is replaced by the following:
               ‘4.   Annex III.A sets out the tariff quotas, the duty to be applied, the maximum quantities to be imported each year, the import tariff quota periods and their division into subperiods.’;

               (7)

               Article 34a is replaced by the following:
               ‘Article 34a
               1.   The quotas shall be divided into two parts as referred to in Annex III.A:

                           (a)

                           quota No 09.4195 (hereafter called Part A) shall be distributed among Union importers who are approved according to the provisions of Article 7 and who can prove that they have imported under one of the quotas 09.4195 or 09.4182 in the course of the 24 months prior to the month of November preceding the quota year;

                           (b)

                           quota No 09.4182 (hereafter called Part B) shall be reserved for applicants:

                                       (i)

                                       who are approved according to the provisions of Article 7; and

                                       (ii)

                                       who can prove that during the 12-month period prior the month of November preceding the quota year that they imported into and/or exported from the Union at least 100 tonnes of milk or milk products covered by Chapter 04 of the Combined Nomenclature in at least four separate operations.

                     2.   Applications for import licences may be lodged only:

                           (a)

                           from 20 to 30 November, for imports during the period from 1 January to 30 June following;

                           (b)

                           from 1 to 10 June, for imports during the period from 1 July to 31 December following;

                           (c)

                           from 1 to 10 September, for imports during the period from 1 October to 31 December following.

                     3.   To be admissible, applications for import licences may cover, per applicant:

                           (a)

                           for Part A, no more than 125 % of the quantities that they have imported under the quotas 09.4195 or 09.4182, in the course of the 24-month period prior to the month of November preceding the quota year;

                           (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 the competent authority of the Member State concerned that they fulfil the conditions laid down in point (b) of paragraph 1.
                           Subject to complying with the eligibility conditions, applicants may apply simultaneously under both parts of the quota.
                           The applications for import licences must be separate for Part A and for Part B.

                     4.   Applications for import licences may be lodged only in the Member State where the approval pursuant to Article 7 has been granted, and must bear the importer’s approval number.
               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.
               Those proofs shall be submitted at the time the applications for import licences are lodged and shall be valid for the relevant quota year.’;

               (8)

               in Annex I, a new Part K is added, the text of which is set out in Annex I to this Regulation;

               (9)

               Part A of Annex III is replaced by the text which is set out in Annex II to this Regulation;

               (10)

               in Part B of Annex III, the entries concerning quota numbers 09.4514 and 09.4515 are deleted.

         Article 2
   Entry into force and application
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   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

      (1)  OJ L 299, 16.11.2007, p. 1.

      (2)  OJ L 341, 22.12.2001, p. 29.

      ANNEX I

         ‘I.K

         TARIFF QUOTAS UNDER THE GATT/WTO AGREEMENTS SPECIFIED BY COUNTRY OF ORIGIN: NEW ZEALAND

                     Quota number

                     CN code

                     Description

                     Country of origin

                     Annual quota from 1 January to 31 December
                     (in tonnes)

                     Quantity from 1 January to 30 June
                     (in tonnes)

                     Quantity from 1 July to 31 December
                     (in tonnes)

                     Quantity from 1 October to 31 December
                     (in tonnes)

                     Import duty
                     (EUR/100 kg net weight)

                     09.4515

                     0406 90 01

                     Cheese for processing (1).

                     New Zealand

                     4 000

                     4 000

                     —

                     —

                     17,06

                     09.4514

                     ex 0406 90 21

                     Whole Cheddar cheeses (of the conventional flat 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.

                     New Zealand

                     7 000

                     7 000

                     —

                     —

                     17,06

         (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.’

      ANNEX II

         ‘ΙII.A

         TARIFF QUOTA UNDER THE GATT/WTO AGREEMENTS SPECIFIED BY COUNTRY OF ORIGIN: NEW ZEALAND BUTTER

                     CN code

                     Description

                     Country of origin

                     Annual quota from 1 January to 31 December
                     (in tonnes)

                     Quantity from 1 January to 30 June
                     (in tonnes)

                     Quantity from 1 July to 31 December
                     (in tonnes)

                     Quantity from 1 October to 31 December
                     (in tonnes)

                     Import duty
                     (EUR/100 kg net weight)

                     ex 0405 10 11
                     ex 0405 10 19

                     Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process.

                     New Zealand

                     74 693

                     Quota 09.4195
                     Part A:
                     20 540,5

                     Quota 09.4195
                     Part A:
                     20 540,5

                     Quota 09.4195
                     Part A:
                     —

                     70,00’

                     ex 0405 10 30

                     Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 %, manufactured directly from milk or cream without the use of stored 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 fractionated (the processes referred to as “Ammix” and “Spreadable”).

                     Quota 09.4182
                     Part B:
                     16 806

                     Quota 09.4182
                     Part B:
                     16 806

                     Quota 09.4182
                     Part B:
                     —