Commission Regulation (EEC) No 222/88 of 22 December 1987 amending certain measures on the application of the common market organization in the milk and milk products sector following the introduction of the combined nomenclature

Article 7a of Council Regulation (EEC) No 985/68 of 15 July 1968 laying down general rules for intervention on the market in butter and cream(5), as last amended by Regulation (EEC) No 3466/87(6), is hereby replaced by the following:
´Article 7a The Commission shall examine the situation as regards products falling within heading No 0405 of the combined nomenclature which are in public storage and cannot be marketed on normal terms during a milk year. Appropriate measures shall be adopted in accordance with the procedure laid down in Article 30 of Regulation (EEC) No 804/68.’ Article 2 Commission Regulation (EEC) No 1073/68 of 24 July 1968 laying down detailed rules for determining free-at-frontier prices and for fixing levies in respect of milk and milk products(7), is hereby amended as follows:
1.Article 2 is replaced by the following:
´Article 2 Free-at-frontier prices shall be determined on the basis of the most favourable purchasing opportunities in international trade in the products listed in Article 1 of Regulation (EEC) No 804/68, with the exception of assimilated products the levy on which is not equal to the levy on the related pilot product.’ 2.Article 9 is deleted.
3.In Article 11, the reference to ´of Regulation (EEC) No 823/68′ is replaced by ´of Regulation (EEC) No 2915/79′.

Article 2 (1) and (2) of Commission Regulation (EEC) No 1098/68 of 27 July 1968 laying down detailed rules for the application of export refunds on milk and milk products(8), as last amended by Regulation (EEC) No 3812/85(9) is hereby replaced by the following:
´1. For products compounded of milk and sugar, the refund shall be equal to the sum of the following components:
(a)a component representing the quantity of milk products;
(b)a component representing the quantity of added sucrose.
However, the latter component applies only if the added sucrose has been produced from beet or cane harvested in the Community.
2. For concentrated milk compounded with sugar with a fat content by weight lower than or equal to 9,5 %, the component mentioned in paragraph 1 (a) shall be fixed per 100 kilograms of the whole product.
For other products referred to in paragraph 1, the component referred to in paragraph 1 (a) shall be calculated by multiplying the basic amount by the milk product content of the product in question.
The basic amount referred to in the preceding subparagraph shall be the refund on one kilogram of the milk products contained in the product.’ Article 4 Commission Regulation (EEC) No 1216/68 of 9 August 1968 laying down the method for determining the lactose content of compound animal feeding-stuffs imported from third countries(10) is hereby amended as follows:
1.Article 1 is replaced by the following:
´Article 1 The method for determining the lactose content of products falling within heading No 2309 of the combined nomenclature is defined in the Annex.’2.The title of the Annex is replaced by the following:
´Analytical method for determining the lactose content of products falling within heading No 2309 of the combined nomenclature.’ Article 5 Article 6 (1) of Commission Regulation (EEC) No 210/69 of 31 January 1969 on communications between Member States and the Commission with regard to milk products(11), as last amended by Regulation (EEC) No 2686/87(12), is hereby replaced by the following:
´1. Member States shall communicate to the Commission by telex each working day before 6 p.m., for the products referred to in Article 1 of Regulation (EEC) No 804/68, the quantities in respect of which export licence applications have been lodged, within the meaning of Article 14 of Regulation (EEC) No 3183/80, on the day communication takes place, breaking them down by product category, designated by a code number as given in the Regulations fixing refunds for milk and milk products exported without further processing.
Communications concerning export licences for products falling within subheadings 0402 10 19, 0402 21 17, 0402 21 19, 0402 21 99 and heading No 0405 of the combined nomenclature shall distinguish between the export licences referred to in Article 4 (1) and those referred to in Article 4 (2) of Regulation (EEC) No 2729/81 (with or without advance fixing of the refund).
When communicating the information referred to in the subparagraph above, Member States shall state:
(a)the destination specified in accordance with Article 4 (3) of Regulation (EEC) No 2729/81, in Section 13 of the applications for the export licences, adding the geographical code as determined in the Annex to Commission Regulation (EEC) No 3431/85 on annual updating of the country nomenclature for the external trade statistics of the Community and of statistics of trade between Member States, and (b)the quantity or quantities for each destination.’ Article 6 Council Regulation (EEC) No 1411/71 of 29 July 1971 laying down additional rules on the common market organization in milk and milk products concerning products falling within tariff heading No 0401 of the Common Customs Tariff(13), as last amended by Regulation (EEC) No 566/76(14), is hereby amended as follows:
1.The title is replaced by the following:
´laying down additional rules on the common market organization in milk and milk products for drinking milk’ 2.Article 1 is replaced by the following:

Commission Regulation (EEC) No 262/79 of 12 February 1979 on the sale of butter at reduced prices for use in the manufacture of pastry products, ice-cream and other foodstuffs(22), as last amended by Regulation (EEC) No 1291/86(23), is hereby amended as follows:
1.In Article 4:
(a)Paragraphs 1 and 2, Formulas A and B respectively, are replaced by the following:
´1.Formula A:
(a)Products falling within subheadings 1905 20, 1905 30, 1905 90 40, 1905 90 50, 1905 90 60 and 1905 90 90 of the combined nomenclature;
(b)the following products put up for retail sale:
-sugar confectionery falling withing subheadings 1704 90 51, 1704 90 75 and 1704 90 99 of the combined nomenclature,
-sugar confectionery falling withing subheading 1806 90 50 of the combined nomenclature,
-chocolate goods, filled, put up for retail sale, falling within subheadings 1806 31 00, 1806 90 11, 1806 90 19 and 1806 90 31 of the combined nomenclature,
-other food preparations containing cocoa, other than chocolate and chocolate articles falling within subheadings 1806 20, 1806 31 00, 1806 32, 1806 90 39, 1806 90 60, 1806 90 70 and 1806 90 90 of the combined nomenclature.
The milk fat content by weight contained in the dry matter in of the products listed in (b) or of the constitutents of these products benefitting from the aid, is not less than 4 % and not more than 30 %. This content must be specified on the despatching packages.’ 2.Formula B:
(a)ice-cream falling within subheadings 2105 0091 and 2105 00 99 of the combined nomenclature and containing at least 5 % and not more than 20 % by weight of milk fat, or (b)preparations, excluding yoghurt and yoghurt powder, for the manufacture of ice-cream falling within subheadings 1806 20 90, 1806 90 90, 1901 90 90 and 2106 90 99 of the combined nomenclature and containing at least 10 % and not more than 33 % by weight of milk fat in the dry matter and one or more flavourings and emulsifiers or stabilizers, which are suitable for consumption without any further treatment besides the addition of water and the necessary mechanical treatment and freezing.’ (b)In paragraph 3, Formula C,
(aa)the phrase introducing this paragraph is replaced by the following:
´Products falling within subheadings 1901 20 00 and 1901 90 90 of the combined nomenclature.’ (bb)In subparagraph (a), the words ´19.08 of the Common Customs Tariff’ are replaced by ´1905 of the combined nomenclature’,
(cc)In subparagraph (b), under letters (aa), ´19.02′ is replaced by ´1901′.
(dd)In subparagraph (b), the text under letters (bb) is replaced by the following:
´(bb)without prejudice to the provisions of (dd), the processing into products falling within subheadings 1901 20 00 and 1901 90 90 of the combined nomenclature as referred to under (a) may be undertaken only in establishments approved, in accordance with the provisions of Article 9, by the Member State in whose territory that processing takes place;’ (c)In paragraph 4, formula D, the expression ´16.04 and 16.05 of the Common Customs Tariff’ is replaced by ´1604 and 1605 of the combined nomenclature’.
2.Annex IV is replaced by the following:
´ANNEX IV 1.´´Chocolate crumb”:
Composition (content by weight):

The levy on 100 kilograms of a product in Group 1 shall be equal:
1.if it falls within subheading 0404 10 19 of the combined nomenclature, to the sum of the following components:
(a)a component equal to the levy on the pilot product, multiplied by a coefficient expressing the weight ratio between the whey powder, in granules or in the form of other solids contained in the product, on the one hand, and the product itself, on the other hand,
(b)a component to take account of the quantity of added sugar or other sweetening matter;
2.if it falls within subheading 0404 10 91 of the combined nomenclature, to the levy on the pilot product, multiplied by a coefficient expressing the weight ratio between the quantity of milk ingredients expressed in dry matter contained in the product, on the one hand, and the product itself, on the other hand;
3.if it falls within subheading 0404 10 99 of the combined nomenclature, to the sum of the following components:
(a)a component calculated in accordance with point 2,
(b)a component calculated in accordance with point 1 (b).

The levy on 100 kilograms of a product in Group 3 shall be equal:
1.if it falls within subheadings 0402 21 11, 0403 90 13, 0404 90 13 and 0404 90 33 of the combined nomenclature, to the sum of the following components:
(a)a component equal to the levy on the pilot product, and (b)a component equal to 7,25 ECU;
2.if it falls within subheadings 0402 21 91, 0403 90 19, 0404 90 19 and 0404 90 39 of the combined nomenclature, to the sum of the following components:
(a)a component equal to the levy calculated in accordance with point 3, and (b)a component equal to 7,25 ECU;
3.if it falls within subheading 0402 21 99 of the combined nomenclature, to the sum of the following components:
(a)a component equal to the levy on the pilot product,
(b)a fixed component taking into consideration the higher value in relation to that for the pilot product, of a product falling within the abovementioned subheading with a fat content by weight of 80 %, or with a higher fat content are put on the market;
4.if it falls within subheadings 0402 29 11, 0402 29 15 and 0403 90 33 of the combined nomenclature, to the sum of the following components:
(a)a component calculated in accordance with point 6 (a),
(b)a component equal to 7,25 ECU,
(c)a component to take account of the quantity of added sugar or other sweetening matter;
5.if it falls within subheadings 0402 29 91, 0403 90 39, 0404 90 59 and 0404 90 99 of the combined nomenclature, to the sum of the following components:
(a)a component calculated in accordance with point 7 (a),
(b)a component equal to 7,25 ECU, and (c)a component to take account of the quantity of added sugar or other sweetening matter;
6.if it falls within subheading 0402 29 19 of the combined nomenclature, to the sum of the following components:
(a)a component equal to the levy on the pilot product, multiplied by a coefficient expressing the weight ratio between the milk powder, in granules or in the form of other solids, contained in the product and the product itself, and (b)a component to take account of the quantity of added sugar or other sweetening matter;
7.if it falls within subheading 0402 29 99 of the combined nomenclature, to the sum of the following components:
(a)a component equal to the levy calculated in accordance with point 3, multiplied by a coefficient expressing the weight ratio between the milk powder contained in the product and the product itself, and (b)a component to take account of the quantity of added sugar or other sweetening matter.

The levy on 100 kilograms of a product in Group 4 and falling within subheadings 0402 91 31 and 0402 91 39 of the combined nomenclature ahall be equal to the levy on the pilot product multiplied by a coefficient of 1,25.

The levy on 100 kilograms of a product in Group 6 shall be equal:
1.if it falls within subheading 0401 10 10 of the combined nomenclature, to the sum of the following components:
(a)a component equal to the levy on the pilot product of Group 2, multiplied by the coefficient 0,0938,
(b)a component equal to the levy for the pilot product of Group 6, multiplied by the coefficient 0,0119,
(c)a component equal to 3,63 ECU;
2.if it falls within subheading 0401 10 90 of the combined nomenclature, to the sum of the following components:
(a)a component calculated in accordance with point 1 (a),
(b)a component calculated in accordance with point 1 (b),
(c)a component equal to 2,42 ECU.
3.if it falls within subheading 0401 20 11 of the combined nomenclature, to the sum of the following components:
(a)a component equal to the levy on the pilot product of Group 2, multiplied by the coefficient 0,0990,
(b)a component equal to the levy on the pilot product of Group 6, multiplied by the coefficient 0,0358,
4.if it falls within subheading 0401 20 19 of the combined nomenclature, to the sum of the following components:
(a)a component calculated in accordance with point 3 (a),
(b)a component calculated in accordance with point 3 (b),
5.if it falls within subheading 0401 20 91 of the combined nomenclature, to the sum of the following components:
(a)a component equal to the levy on the pilot product of Group 2, multiplied by the coefficient 0,0677,
(b)a component equal to the levy on the pilot product of Group 6, multiplied by the coefficient 0,0717;

The levy on 100 kilograms on a product in Group 11 shall be equal:
1.if it falls within subheadings 0406 10 10, 0406 90 71, 0406 90 91 and 0406 90 93 of the combined nomenclature, to the sum of the following components:
(a)a component equal to the levy on the pilot product of Group 11,
(b)a component equal to the levy on the pilot product of Group 6, multiplied by the coefficient 0,18;
2.if it falls within subheadings 0406 10 90, 0406 90 97, and 0406 90 99 of the combined nomenclature, to the sum of the following components:
(b)a component equal to 96,72 ECU;
3.if it falls within subheadings 0406 30 10 and 0406 30 39 of the combined nomenclature, to the sum of the following components:
(a)a component equal to the levy on the pilot product of Group 11, multiplied by the coefficient 0,60,
(b)a component equal to the levy on the pilot product of Group 6, multiplied by the coefficient 0,24,
(c)a component equal to 12,09 ECU;
4.if it falls within subheading 0406 30 31 of the combined nomenclature, to the sum of the following components:
(a)a component equal to the levy on the pilot product of Group 11, multiplied by the coefficient 0,80,
(b)a component equal to the levy on the pilot product of Group 6, multiplied by the coefficient 0,05,
5.if it falls within subheading 0406 30 90 of the combined nomenclature, to the sum of the following components:
(a)a component equal to the levy calculated in accordance with point 3,
(b)a component equal to 96,72 ECU.

Without prejudice to the provisions of Article 12, the levy on 100 kilograms of a product in Group 11 is equal to the threshold price reduced by:
(a)249,04 ECU per 100 kilograms, if it is a product falling within subheadings 0406 90 25 and 0406 90 27 of the combined nomenclature, with a fat content by weight of dry matter of not more than 48 %,
(b)249,04 ECU per 100 kilograms and increased by a component equal to 24,18 ECU, if it is a product falling within subheadings 0406 90 25 and 0406 90 27 of the combined nomenclature, with a fat content by weight of dry matter of more than 48 %,
(c)261,13 ECU per 100 kilograms if it is a product falling within subheadings 0406 90 29, 0406 90 31 and 0406 90 50 of the combined nomenclature,
on condition that the price on importation is not lower than the amount which is deducted from the threshold price. However, the price on importation for the products referred to above under (c) may not be lower than 243 ECU per 100 kilograms.

When the price on importation into the Community of an assimilated product, the levy on which differs from that on its pilot product, is recorded as being considerably less than the price which would normally apply in relation to the price of the pilot product, the levy shall be equal to the sum of the following components:
(a)a component equal to the amount resulting from those provisions of Articles 2 to 7 which apply to the assimilated product in question,
(b)an additional component fixed at a level allowing the normal relationship between prices on importation into the composition and quality of the assimilated products.

A component to take account of the quality of added sugar or other sweetening matter shall be equal to the average of the levies on 50 kilograms of white sugar during the first 20 days of the month preceding the month when the levy on the milk product in question is applicable.

1. The milk product content of products falling within heading No 2309 of the combined nomenclature referred to in Article 3 (4), when imported from third countries shall be determined by applying a coefficient of 2 to the lactose content per 100 kilograms of the product in question.
2. The methods for defining the starch content of products falling within heading No 2309 of the combined nomenclature shall be determined according to the procedure laid down in Article 26 of Regulation (EEC) No 2727/75.

Commission Regulation (EEC) No 2967/79 of 18 December 1979 laying down the conditions under which certain cheeses benefiting from preferential import treatment are to be processed(26), as last amended by Regulation (EEC) No 3812/85(27), is hereby amended as follows:
1.Article 1 is replaced by the following:
´Article 1 Subject as provided in this Regulation, the provisions of Regulation (EEC) No 1535/77 shall apply to cheeses falling withing subheading 0406 90 11 of the combined nomenclature intended for processing and imported under the tariff quota provided for in Annex I (i) of Regulation (EEC) No 1767/82.’ 2.Article 2 (1) is replaced by the following:
´1. The cheeses referred to in Article 1 shall be considered as processed when they have been processed into products falling within subheading 0406 30 of the combined nomenclature.’ Article 15 Article 1 of Commission Regulation (EEC) No 2968/79 of 20 December 1979 laying down detailed rules for the provision of administrative assistance in connection with the export of soft ripened cows’ milk cheeses eligible for special treatment on import into a non-member country(28), is hereby replaced by the following:
´Article 1 On the export to the USA, including Puerto Rico, of soft ripened cows’ milk cheeses, produced in the Community and complying with the definition set out in Annex I hereto, a certificate corresponding to the specimen set out in Annex II shall be issued at the request of the person concerned.’ Article 16 Article 1 of Commission Regulation (EEC) No 1552/80 of 20 June 1980 laying down detailed rules for the provision of administrative assistance in connection with the export of certain cheeses eligible for special treatment on export to Australia(29), is hereby replaced by the following:
´Article 1 For exports to the Commonwealth of Australia of:
-soft ripened cheeses plus cheeses produced exclusively from goats’ milk (excluding Feta, Telemes and Kasseri),
-Roquefort cheeses and Stilton cheese,
produced in the Community and satisfying the definition set out in Annex I hereto, a certificate corresponding to the specimen set out in Annex II hereto shall be issued at the request of the party concerned.’ 1. 2. 88No L 28/ Article 17 In Annex II of Commission Regulation (EEC) No 1932/81 of 13 July 1981 on the granting of afor butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs(30), as last amended by Regulation (EEC) No 453/85(31), the second indent is replaced by the following:
´-Section 106:1.The date of expiry of the period for submission of individual tenders referred to in Article 2 (2) of Regulation (EEC) No 1932/81.
2.The type of incorporation carried out, using one of the following expressions, as appropriate:
(a)For butter concentrated in accordance with Annex I (V) to Regulation (EEC) No 262/79 or for the intermediate product and intended for processing into products falling within the subheadings 1901 20 20 and 1901 90 90 or heading No 1905 of the combined nomenclature;
-´´product 1902 (mono- glycerides, tocopherds/enanthic acid)” or ´´product 1902 (monoglycerides, tocopherds/stigmasterol)”,
(b)For concentrated butter or for the intermediate product intended for processing into raw dough falling within subheadings 1901 10, 1901 20 and 1901 90 90 or into products falling within heading No 1905 of the combined nomenclature;
-´´product 1902-1908 (vanilla/enanthic acid)” or ´´product 1902-1908 (vanilla/stigmasterol)” in the case of products resulting from incorporation as specified in Annex I (I) to Regulation (EEC) No 262/79,
-´´product 1902-1908 (carotene/enanthic acid” or ´´product 1902-1908 (carotene/stigmasterol)” in the case of products resulting from incorpo- ration as specified in Annex I (II) to Regulation (EEC) No 262/79,
-´´product 1902-1908 (sugar/enanthic acid)” or ´´product 1902-1908 (sugar/stigmasterol)” in the case of products resulting from incorporation as specified in Annex I (III) of Regulation (EEC) No 262/79,
-´´product 1902-1908 (skimmed-milk powder, sugar/enanthic acid)” or ´´product 1902-1908 (skimmed-milk powder, sugar/stigmasterol)” in the case of products resulting from incorporation as specified in Annex I (V) to Regulation (EEC) No 262/79,
(c)For concentrated butter or for the intermediate product intended for processing into products falling within heading No 1806 or 2106:
-´´product 1806-2107 (vanilla/sitosterol)” in the case of products resulting from incorporation as specified in Annex II (I) to Regulation (EEC) No 262/79,

Article 1 of Commission Regulation (EEC) No 3677/81 of 22 December 1981 laying down detailed rules for the provision of administrative assistance in connection with the export of cheeses eligible for special treatment on import into Finland(34), is hereby replaced by the following:
´Article 1 On the export to Finland of cheeses, falling within heading No 0406 of the combined nomenclature produced in the Community, a certificate corresponding to the specimens set out in the Annex hereto shall be issued at the request of the person concerned.’ Article 20 Commission Regulation (EEC) No 1767/82 of 1 July 1982, laying down detailed rules for applying specific import levies on certain milk products(35), as last amended by Regulation (EEC) No 3048/87(36), is hereby amended as follows:
1.In Article 1, paragraph 1 is replaced by the following:
´1. The levies applicable to milk products imported from a third country -in accordance with the provisions Article 8 of Regulation (EEC) No 2915/79,
-in accordance with provisions of Article 12 of the aforesaid Regulation are set in Article 1 of this Regulation.’ 2.In Article 1, paragraph 3 is deleted.
3.Article 8 is replaced by the followings:
´Article 8 No monetary compensatory amount shall be applied when the products specified in Annex I (b), (c), (d), (g), (h), (i), (j), (m), (n), (o), (p) and (s) are put into free circulation.’ 4.The following Article 8a is inserted:
´Article 8a For the quantities of cheese imported into Spain and Portugal from the EFTA countries, the related specific levies and provisions of the additional agreements are applicable’.
5.Annex I is replaced by the following:
1. 2. 88No L 28/ANNEX I CN codeDescription of goodsCountry of originImport levy in ECU per 100 kg net weight unless specified otherwise(a)0402 29 11Special milk, for infants, in hermetically sealed containers of a net content not exceeding 500 g, of a fat content by weight exceeding 10 % and not exceeding 27 %Switzerland36,27 (b)0406 20 10 0406 90 19Glarus herb cheese (known as Schabziger)Switzerland6 % of the customs value (c)ex 0406 90 13 ex 0406 90 15 ex 0406 90 17Emmentaler, Gruyère, Sbrinz, Appenzell, Vacherin fribourgeois, Vacherin mont d’or and Tête de Moine, of a minimum fat content of 45 % by weight, in the dry matter, matured for at least 18 days in the case of Vacherin mont d’or, for at least two months in the case of Vacherin fribourgeois and at least three months in the case of the others:
-Whole cheeses with rind (2) (a), of a free-at-frontier value (3) of not less than 362,88 ECU but less than 387,06 ECU per 100 kg net weight -Pieces packed in vacuum or in inert gas, rind (4) (a) on at least one side, of a net weight of into less than 1 kg but less than 5 kg and of a free-at-frontier value of not less than 387,06 ECU but less than 411,24 ECU per 100 kg net weightSwitzerland18,13 (d)ex 0406 90 13 ex 0406 90 15 ex 0406 90 17Emmentaler, Gruyère, Sbrinz, Appenzell, Vacherin fribourgeois, Vacherin mont d’or and Tête de Moine, of a minimum fat content of 45 % by weight, in the dry matter, matured for at least 18 days in the case of Vacherin mont d’or, for at least two months in the case of Vacherin fribourgeois and at least three months in the case of the others:
-Whole cheeses with rind (2) (a), of a free-at-frontier value (3), not less than 387,06 ECU per 100 kg net weight,
-Pieces packed in vacuum, or in inert gas (4), with rind (2) (a) on at least one side, of a net weight of not less than 1 kg and of a free-at-frontier value (3) not less than 411,24 ECU per 100 kg net weight -Pieces packed in vacuum or in inert gas (4), of a net weight not exceeding 450 g and of a free-at-frontier value (3) of not less than 445,09 ECU per 100 kg net weightSwitzerland 9,07 (e)ex 0406 90 13 ex 0406 90 15 ex 0406 90 17Emmentaler, Gruyère, Sbrinz and Bergkaese, of a minimum fat content of 45 % by weight, in the dry matter, matured for at least three months:
-Whole cheeses with rind (2) (a) subject to an annual tariff quota of 6 850 tonnes, including the quota for Finlandia referred to in point (r) originating from FinlandFinland18,13 (e)ex 0406 90 13 ex 0406 90 15 ex 0406 90 17 (cont’d) -Pieces packed in vacuum on inert gas (4), with rind (2) (a) on at least one side, of a net weight of not less than 1 kg but less than 5 kg, subject to an annual tariff quota of 1 700 tonnes originating from Finland The quantities referred to in the first and second indents are interchangeable within 25 % of the quantities shown (f)ex 0406 90 13 ex 0406 90 15 ex 0406 90 17Emmentaler, Gruyère, Sbrinz and Bergkaese, of a minimum fat content of 45 % by weight, in the dry matter, matured for at least three months:
-Whole cheeses (2) (a) -Pieces packed in vacuum or in inert gas (4), with rind (2) (a) on at least one side, of a net weight of not less than 1 kg -Pieces packed in vaccum or in inert gas (4), of a net weight of not more than 450 g Within the limit of a total annual tariff quota of 8 000 tonnes, originating from AustriaAustria18,13 (g)ex 0406 90 21Cheddar, made from unpasteurized milk, of a minimum fat content of 50 % by weight, in the dry matter, matured for at least nine months, of a free-at-frontier value (3) per 100 kg net weight of not less than:
-293,86 ECU in the case of whole cheeses (2) (b) -312,00 ECU in the case of cheeses of a net weight of not less than 500 g -324,09 ECU in the case of cheeses of a net weight of less than 500 g Subject to an annual tariff quota of 2 750 tonnesCanada12,09 (h)ex 0406 90 21Whole cheddar cheeses (2) (a), of a minimum fat content of 50 % by weight, in the dry matter, matured for at least three months, subject to an annual tariff quota of 9 000 tonnesAustralia New Zealand15,00 (i)ex 0406 90 11-Cheddar and -Other cheeses intended for processing, subject to an annual tariff quota of 3 500 tonnesAustralia New Zealand15,00 (j)ex 0406 30 10Processed cheese, not grated or powdered, in the blending of which only Emmentaler, Gruyère and Appenzell have been used and which may contain, as an addition, Glarus herb cheese (known as Schabziger), put up for retail sale (5), of a free-at-frontier value (3) of not less than 243 ECU per 100 kg net weight and of a fat content not exceeding 56 % by weight, in the dry matterSwitzerland36,27 (k)ex 0406 30 10Processed cheese, not grated or powdered, in the blending of which only Emmentaler, Gruyère and Appenzell have been used and which may contain, as an addition Glarus herb cheese (known as Schabziger), put up for retail sale (5), of a fat content by weight in the dry matter not exceeding 56 % by weight, in the dry matter, subject to an annual tariff quota of 700 tonnes, including Tilsit, Turunmaa and Lappi cheeses referred to in point (t), originating from FinlandFinland36,27 (l)ex 0406 30Processed cheese, not grated or powdered, in the blending of which only Emmentaler, Bergkaese or similar hard cheeses have been used, put up for retail sale (5), and of a fat content by weight in the dry matter not exceeding 56 % by weight, in the dry matter, subject to an annual tariff quota of 3 750 tonnes, originating from AustriaAustria36,27 (m)ex 0406 90 25Tilsit, of a fat content not exceeding 48 % by weight, in the dry matterRomania Switzerland77,70 (n)ex 0406 90 25Tilsit, of a fat content exceeding 48 % by weight in the dry matterRomania Switzerland101,88 (o)ex 0406 90 29KashkavalBulgaria Hungary Israel Romania Turkey Yugoslavia Cyprus65,61 (p)ex 0406 90 31 ex 0406 90 50Cheese of sheep’s milk, in containers containing brine, or in sheepskin or goatskin bottesBulgaria Hungary Israel Romania Turkey Cyprus Yugoslavia65,61 (q)ex 0406 40 00 ex 0406 90 23 ex 0406 90 25 ex 0406 90 27 ex 0406 90 35 ex 0406 90 89-Blue-veined cheese -Tilsit, matured for at least one month and Butterkaese -Mondseer, with a fat content, by weight in the dry matter of not less than 40 % but less than 48 % -Alpentaler, with a fat content of 45 % by weight in the dry matter and a water content of more than 40 % but less than 45 % by weight -Edam, with a fat content by weight, in the dry matter, of more than 40 % but less than 48 %, put up in forms of a net weight not exceeding 350 g (known as Geheimratskaese)Austria60,00 ex 0406 40 00 ex 0406 90 23 ex 0406 90 25 ex 0406 90 27 ex 0406 90 35 ex 0406 90 89 (cont’d) -´´Tiroler Graukaese”, with a fat content by weight in the dry matter of less than 1 % and a water content higher than 60 % but less than 66 % by weight -Cheeses known as ´´Weisskaese nach Balkanart” and ´´Kefalotyri”, processed from cow’s milk, with a fat content by weight in the dry matter of less than 48 % Subject to a total annual tariff quota of 3 950 tonnes, originating from Austria For the year 1987, this quota is fixed at 3 050 tonnes (r)ex 0406 90 37Finlandia, of a minimum fat content of 45 % by weight, in the dry matter, matured for at least 100 days, in rectangular blocks of a net weight of not less than 30 kg, originating from Finland, subject to an annual tariff quota of 3 000 tonnes.
The quantities of this product which are not imported may be replaced by corresponding quantities of the cheeses listed in point (e), first indentFinland18,13 (s)ex 0406 69 39 ex 0406 90 89-Jarlsberg, with a minimum fat content of 45 % by weight in the dry matter and a dry matter content of at least 56 %, matured for at least three months:
-Whole cheeses with rind, from 8 to 12 kg -In rectangular blocks with a net weight of not more than 7 kg (4) -Pieces packed in vacuum or in inert gas, with a net weight of not less than 150 g and not more than 1 kg (4) -Ridder, with a minimum fat content of 60 % by weight, in the dry matter, matured for at least four weeks:
-Whole cheeses with rind, from 1 to 2 kg -Pieces packed in vacuum or in inert gas, with rind on at least one side, with a net weight of at least 150 g (4) Originating from Norway, subject to an annual tariff quota of:
-1 820 tonnes for 1986,

Article 2 (1) (a) of Council Regulation (EEC) No 1898/87 of 2 July 1987 on the protection of designations used in the marketing of milk and milk products(64) is hereby replaced by the following:
´a)For milk treated without altering its composition, or for milk the fat content of which has been standardized under Council Regulation (EEC) No 1411/71 of 29 June 1971 laying down additional rules on the common organization of the market in milk and milk products concerning drinking milk, as last amended by Regulation (EEC) No 566/76;’.

The Annex to Commission Regulation (EEC) No 1949/87 of 3 July 1987 laying down the level of the accession compensatory amounts for milk and milk products applicable for the 1987/88 milk year in trade with Spain(65) is hereby replaced by the following:

The Annex to Council Decision 80/272/EEC of 10 December 1979 concerning the conclusion of the Bilateral Agreements resulting from the 1973 to 1979 trade negotiations(66), specified in the part ´Contents of the arrangement between Canada and the European Economic Community concerning cheese’ is hereby replaced by the following:

Council Decision 84/560/EEC of 22 November 1984 concerning the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the Government of Australia on the Arrangement between Australia and the Community concerning cheese(67) is hereby amended as follows:
1.Appendix I of letter A is replaced by the following:
Appendix I EEC concession on Cheddar cheese CN codeDescription of goodsRate of conventional dutyex 0406 90 21 Whole Cheddar cheeses (a) of a minimum fat content of 50 % by weight, in the dry matter, matured for at least three months (b) L (c) (a)The expression ´´whole cheeses”, as used in subheading 0406 90 21 shall be taken to apply to:
-cheeses of the conventional flat cylindrical shape of a net weight of not less than 33 kilograms but not more than 44 kilograms,
-cubic blocks of cheese of a net weight of 10 kilograms or more.
(b)Entry under this subheading is subject to conditions to be determined by the competent authorities.
(c)15 ECU per 100 kilograms net weight within the limits of an annual levy reduced quota of 9 000 tonnes to be granted by the competent authorities of the European Communities.
2.Appendix II of letter A is replaced by the following:
Appendix II EEC concession on Cheddar and other cheeses for processing CN codeDescription of goodsRate of conventional dutyex 0406 90 11 For processing:
-Cheddar (a) (b) L (c) -other (a) (b) L (c) (a)The checks on use for this particular end-use are carried out pursuant to the Community provisions governing this matter.
(c)15 ECU per 100 kilograms net weight within the limits of an annual levy reduced quota of 3 500 tonnes to be granted by the competent authorities of the European Communities.
3.Appendix I of letter B is replaced by the following:
4.Appendix II of letter B is replaced by the following:
Appendix II EEC concessions on Cheddar and other cheeses for processing CN codeDescription of goodsRate of conventional dutyex 0406 90 11 Cheese for processing:

Council Decision No 84/561/EEC of 22 November 1984 concerning the conclusion in the form of an exchange of letters between the European Economic Community and the Government of New Zealand amending the Joint Discipline Arrangement between New Zealand and the Community concerning cheese(68) is hereby amended as follows:
1.Appendix I of letter A is replaced by the following:
Appendix I Text of EEC concession on Cheddar cheese CN codeDescription of goodsRate of conventional dutyex 0406 90 21 Whole Cheddar cheeses (a) of a minimum fat content of 50 % by weight, in the dry matter, matured for at least three months (b) L (c) (a)The expression ´´whole cheeses”, as used in subheading 0406 90 21 shall be taken to apply to:
-cheeses of the conventional flat cylindrical shape of a net weight of not less than 33 kilograms but not more than 44 kilograms,
-cubic blocks of cheese of a net weight of 10 kilograms or more.
(b)Entry under this subheading is subject to conditions to be determined by the competent authorities.
(c)15 ECU per 100 kilograms net weight within the limits of an annual levy reduced quota of 9 000 tonnes to be granted by the competent authorities of the European Communities.
2.Appendix II of letter A is replaced by the following:
Appendix II EEC concession on Cheddar and other cheeses for processing CN codeDescription of goodsRate of conventional dutyex 0406 90 11 Cheese for processing:
-Cheddar (a) (b) L (c) -other (a) (b) L (c) (a)The checks on use for this particular end-use are carried out pursuant to the Community provisions governing this matter.
(c)15 ECU per 100 kilograms net weight within the limits of an annual levy reduced quota of 3 500 tonnes to be granted by the competent authorities of the European Communities.
3.Appendix I of letter B is replaced by the following:
Appendix I Text of EEC concession on Cheddar cheese CN codeDescription of goodsRate of conventional dutyex 0406 90 21 Whole Cheddar cheeses (a) of a minimum fat content of 50 % by weight, in the dry matter, matured for at least three months (b) L (c) (a)The expression “whole cheeses”, as used in subheading 0406 90 21 shall be taken to apply to:
4.Appendix II of letter B is replaced by the following:

Council Decision 86/8/EEC of 20 January 1986 on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Norway concerning reciprocal trade in cheese(70) is hereby amended as follows:
1.In letter A paragraph 1, the first sentence of subparagraph (a) is replaced by the following:
´(a)on import into the Community Cheese falling within subheadings 0406 90 39 and ex 0406 90 89 originating in and coming from Norway, and accompanied by an agreed certificate(71):’ 2.In letter B paragraph 1, the first sentence of subparagraph (a) is replaced by the following:
´(a)on import into the Community Cheese falling within subheadings 0406 90 39 and ex 0406 90 89 originating in and coming from Norway, and accompanied by an approved certificate(72):’ Article 45 Council Decision 87/370/EEC of 26 May 1987 concerning the conclusion of the Agreement in the form of an Exchange of Letters amending the Agreement of 14 July 1986 adjusting the Agreement between the European Economic Community and the Kingdom of Norway, concerning mutual trade in cheese(73) is hereby amended as follows:
The text of the Agreement under A, Part I and under B, part I is replaced by the following:
1.I confirm that the Community agrees that, from 1 April 1987 and for the duration of the transitional period laid down by the Act of Accession of Spain to the Communities, the breakdown of the annual quantities of cheese imported into Spain from Norway be amended as follows:
Cheese originating in and coming from Norway, accompanied by an approved certificate:
Quantity (tonnes)Import duty (ECU/100 kg)-Jarlsberg, of a minimum fat content of 45 % by weight, in the dry matter, and of a dry matter content, by weight, of not less than 56 %, matured for at least three months, falling within subheading ex 0406 90 39 of the combined nomenclature:
-whole cheeses, with rind (1), weighing from 8 to 12 kg -rectangular blocks weighing 7 kg or less (2) -pieces packed in vacuum or inert gas, of a net weight of not less than 150 g but not more than 1 kg (2) -Ridder, of a minimum fat content of 60 % by weight, in the dry matter, matured for at least four weeks, falling within subheading ex 0406 90 89 of the combined nomenclature:
-whole cheeses, with rind (1), weighing from 1 to 2 kg -in pieces packed in vacuum or inert gas, with rind on at least one side (1) of a net weight of a not less than 150 g (2) 82 55 -Proccesed cheese, not grated or powdered, falling within subheading 0406 30 of the combined nomenclature 8 36,27 1Whole cheeses are considered to be standard whole cheeses with rind. For the purpose of these provisions ´´rind” is defined as follows: the rind of such cheeses is the outer layer formed from the cheese itself having a distinctly more solid consistency and a distinctly darker colour.
2The indications on the packaging must be such as to enable the consumer to identify the cheese.

Council Decision 87/399/EEC of 23 July 1987 on the conclusion of an arrangement between the European Economic Community and the Republic of Austria concerning reciprocal trade in cheese(74) is hereby amended as follows:
The text of the ´Arrangement’, under 1. A and B is replaced by the following:
1.Austria and the Community agree that, for the annual quantities of cheese indicated below, the duties to be levied on importation may not exceed the following levels:
A.On import into Austria The following cheeses manufactured from cows’ milk, originating in and coming from the Community, and accompanied by an approved certificate of quality and origin:
Heading or subheading in the Austrian customs tariff Description of goodsDuty in schillings per 100 kg Import quantities in tonnes ex 0406 30 A 1 ex 0406 30 A 2 ex 0406 20 A 1 a) ex 0406 20 A 2 a) Processed cheese other than grated or powdered Processed cheese, grated or powdered 760 2 000 ex 0406 40 A 1 ex 0406 40 A 2 Blue-veined cheese 560 ex 0406 20 A 1 c) ex 0406 20 A 2 c) ex 0406 90 A 1 f) ex 0406 90 A 2 f) Danbo, Edam, Elbo, Fynbo, Fontal, Gouda, Havarti, Malbo, Maribo, Mimolette, Samsoe, Tybo, whether or not grated or powdered 560 ex 0406 90 A 1 f) ex 0406 90 A 2 f) Tilsit 460 ex 0406 20 A 1 c) ex 0406 20 A 2 c) ex 0406 90 A 1 f) ex 0406 90 A 2 f) Emmental and Gruyère, whether or not grated or powdered 460 ex 0406 10 A 1 b) ex 0406 20 A 1 c) ex 0406 20 A 2 b) ex 0406 20 A 2 c) ex 0406 90 A 1 d) ex 0406 90 A 1 e) ex 0406 90 A 1 f) ex 0406 90 A 2 d) ex 0406 90 A 2 e) ex 0406 90 A 2 f) Butterkaese, Esrom, Italico, Kernheim, St Nectaire, St Paulin, Taleggio, Cheddar and other cheeses not included above, of a water content in the non-fatty matter not exceeding 62 %, whether or not grated or powdered 560 3 000 The above cheeses of Community origin may not be imported into Austria unless accompanied by the approved certificates of quality and origin.
B.On import into the Community Cheese falling within heading No 0406 of the combined nomenclature originating in and coming from Austria, accompanied by an approved certificate:
Annual import quantities per 100 kg Import duty in ECU/100 kg (a)Emmentaler, Gruyère, Sbrinz, Bergkaese, not grated or powdered, of a minimum fat content of 45 % by weight, in the dry matter, matured for at least three months, falling within subheadings ex 0406 90 13, ex 0406 90 15 and ex 0406 90 17:
-whole cheeses -pieces packed in vacumm or in inert gas with rind on at least one side, of a net weight of not less than 1 kg -pieces packed in vacumm or in inert gas, of a net weight not exceeding 450 g 8 000 18,13 (b)Processed cheese, not grated or powdered, in the blending of which only Emmentaler, Bergkaese or similar hard cheeses have been used, put up for retail sale and of a fat content, by weight, in the dry matter, not exceeding 56 %, falling within subheading ex 0406 30 3 750 tonnes 36,27 (c)-Blue-veined cheese falling within subheading 0406 40 00 -Tilsit, matured for not less than one month, and Butterkaese, falling within subheadings ex 0406 90 25 and ex 0406 90 27 -Mondseer, of a fat content, by weight, in the dry matter, of not less than 40 % and less than 48 %, falling within subheading ex 0406 90 89 -Alpentaler, of the fat content, by weight, of 45 % in the dry matter and a water content, by weight, greater than 40 %, but less than 45 % falling within subheading ex 0406 90 89 -Whole Edam cheeses of a fat content, by weight in the dry matter, of not less than 40 % and less than 48 %, of a net weight not exceeding 350 g “Geheimratskaese”, falling within subheadings ex 0406 90 23 and ex 0406 90 89 -“Tiroler Graukaese” of a fat content, by weight, in the dry matter, of less than 1 % and a water content, by weight, greater than 60 % but less than 66 %, falling within subheading ex 0406 90 89 -“Weisskaese nach Balkanart” and ´´Kefalotyri”, made from cows’ milk of a fat content, by weight, in the dry matter, of less than 48 %, falling within subheadings ex 0406 90 35 and ex 0406 90 89 3 950 60 Article 47 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply with effect from 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 1987.
For the CommissionFrans ANDRIESSENVice President (1)OJ No L 148, 28. 6. 1968, p. 13.
(2)OJ No L 370, 30. 12. 1987, p. 1.
(3)OJ No L 256, 7. 9. 1987, p. 1.
(4)OJ No L 376, 31. 12. 1987, p. 1.
(5)OJ No L 169, 18. 7. 1968, p. 1.
(6)OJ No L 329, 20. 11. 1987, p. 8.
(7)OJ No L 180, 26. 7. 1968, p. 25.
(8)OJ No L 184, 29. 7. 1968, p. 10.
(9)OJ No L 368, 31. 12. 1985, p. 3.