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CEEC's seminars 1
Exporting from and importing to the EU: « regulatory and operational aspects »
The EU Common Market Organisation for Milk
Presentation by Mrs. Riitta Brandt
Valio, Finland
CEEC's seminars 2
Regulatory and operational aspects of …
Export licences and export refunds for Annex 1 products
Export licences and export refunds for Non Annex 1 products
Import licences and import duties for Annex 1 products
WTO commitments
CEEC's seminars 3
Regulatory and operational aspects of …
Export licences and export refunds
Horizontal measures: Regulation 800/1999 and 1291/2000
For milk and dairy products: Regulation (EC) 174/1999
CEEC's seminars 4
Products entitled to refunds
A1 Dairy Products:
CN position 04.01. Fresh milk 04.02. Preserved milks 04.03. Fermented products 04.04. Whey products, protein
concentrate, ect. 04.05. Butter 04.06. Cheese
NA I (Combined products):
Products exported in the formof combined products
– E.g.: Milk chocolate Ice for consumption Pastry Imitation cheeses Spreadable butter Infant formulas ETC...
CEEC's seminars 5
Any export of dairy product out of the EU for which an export refund is requested will be subject to the presentation of an export licence
Refund to be paid = rate valid on the day of application
No licence required if refunds lower than €60
No refund shall be granted for cheeses which free-at-frontier price is less than € 230/100kg
Products set out in four categories for the purpose of the Agriculture Agreement (Butter, SMP, Cheese, Other)
Regulatory and operational aspects of…
Reg. 174/99
CEEC's seminars 6
Licence applications and licences = 12-digit product code
In case of tender, possibility to apply for provisional export licences
Validity of export licences:
Skim Milk Powder: current month + 4
Butter: current month + 4
Cheeses: current month + 4
Other: current month + 4
Regulatory and operational aspects of…Reg. 174/99
CEEC's seminars 7
Security:
Expressed in % of the refund fixed for each product code
10% for butter
40% for milk powders
30% for cheeses
25% for other products
Regulatory and operational aspects of…
Reg. 174/99
CEEC's seminars 8
Application before 1300 hrs (Brussels time), not on Thursdays
Export licence to be issued on the fifth working day following application.
In case of excessive demand, the Commission may
Suspend prefixation
Suspend prefixation and reject pending demands
Decrease the level of export refund
Use a reduction coefficient
Regulatory and operational aspects of…Reg. 174/99
CEEC's seminars 9
When the exported quantity exceeds the prefixed volumes, no refund is paid on the overrun
For milk products containing added sugar: refund calculated on the components
Specific measures for cheese (differentiated refund)
The destination zone will be mentioned on the licence
The zone is a compulsory destination
To get the final refund
Proof of arrival within 12 months for cheeses
Proof of export for other products
Regulatory and operational aspects of…
Reg. 174/99
CEEC's seminars 10
Forfeiture of licence guaranteeIf licence partly used, the security forfeit = 98% minus the quantity actually exported
Reduced penalties apply if licence returned early: 40% reduction if returned within initial two thirds of the validity period 25% reduction if returned within last third of validity period or month following expiry
Licence deemed to be used if 98% of the tonnage has been exported
All licences (used and unused) must be returned within two months of expiry. If not, monetary penalties apply
Regulatory and operational aspects of…
Reg. 174/99
CEEC's seminars 11
Specific arrangements
Canada (cheese)
Switzerland (cheese)
USA (cheese)
Dominican Republic (milk powders)
Regulatory and operational aspects of…Reg. 174/99
CEEC's seminars 12
Regulatory and operational aspects of…
Non Annex 1 export licence system/refund certificate
Regulation (EC) 1520/2000
CEEC's seminars 13
Regulatory and operational aspects of…
Reg. 1520/2000
Budget period: October 1st – September 30th
Budget: 415 Meuros (out of which 35 for small exporters)
Products:
Skimmilk Powder (PG2)
26% Whole Milk Powder (PG3)
Butter (PG6)
CEEC's seminars 14
Export refund for NA1 products Is equivalent to the corresponding Annex 1 refund
Is fixed every month
Is the one of the exporting date
Can however be prefixed
Is conditional on production of a refund certificate
Regulatory and operational aspects of…
Reg. 1520/2000
CEEC's seminars 15
Refund certificate Limited transferability
Is granted six times a year
Application periods are determined
A reduction coefficient may be applied when applications are too high
Validity: current month + 5 or until 30 September
Security: 25% of the amount applied for
Regulatory and operational aspects of…
Reg. 1520/2000
CEEC's seminars 16
Excessive application Non-annex I products
No limits for application, however: By excessive application, licences for Non-annex I
products are issued with a reduction coefficient
A reduction coefficient allows 5 days to reject the license
Rejection of the license releases only 94% of the security
Regulatory and operational aspects of…
Reg. 1520/2000
CEEC's seminars 17
Regulatory and operational aspects of…
WTO commitments
Annex 1
4 categories of products:
Butter and butteroil
SMP
Cheese
Other (WMP, condensed milk, fresh milk, other)
CEEC's seminars 18
Regulatory and operational aspects of…
WTO commitments
Two level of commitments for each of the four categories:
Volume
Outlays
CEEC's seminars 19
0
50
100
150
200
250
300
350
400
450
95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04
Export Limit
CheeseWTO Quantitative Commitments
(000 Tons)
CEEC's seminars 20
Cheese WTO Budgetary Commitments
(Meuros)
0
100
200
300
400
500
600
700
95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04
Spent Limit
CEEC's seminars 21
SMP WTO Quantitative Commitments
(000 Tons)
0
100
200
300
400
500
600
700
95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04
Export Limit Roll over
CEEC's seminars 22
SMP WTO Budgetary Commitments
(Meuros)
0
200
400
600
800
1000
1200
1400
95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04
spent Limit Roll over
CEEC's seminars 23
Butter WTO Quantitative Commitments
(000 Tons)
0
100
200
300
400
500
600
95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04
Export Limit
CEEC's seminars 24
Butter WTO Budgetary Commitments
(Meuros)
0
200
400
600
800
1000
1200
1400
1600
95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04
Spent Limit
CEEC's seminars 25
Other Products WTO Quantitative Commitments
(000 Tons)
0
200
400
600
800
1000
1200
1400
95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04
Export Limit Roll over
CEEC's seminars 26
Other Products WTO Budgetary Commitments
(Meuros)
0
200
400
600
800
1000
1200
1400
1600
95/96 96/97 97/98 98/99 99/00 00/01 01/02 02/03 03/04
Spent Limit Roll over
CEEC's seminars 27
Regulatory and operational aspects of…
WTO commitments
Management by the Commission: Daily follow-up of prefixations
Comparison with the monthly profiles (yearly divided by 12)
When too many demands: suspension and/or rejection and/or reduction of export refunds
CEEC's seminars 28
Regulatory and operational aspects of…
WTO commitments
Non Annex 1
Management by the Commission
The WTO limit of expenditure = the Commission’s budget
Limited to 415 Meuros until the next round
Managed according to Regulation (CE) 1520/2000
CEEC's seminars 29
Regulatory and operational aspects of…
Imports
Import licences and import duty
Horizontal measures: Regulation (CE) 1291/2000
For milk and dairy products: Regulation (EC) 2535/01
CEEC's seminars 30
Regulatory and operational aspects of…
Imports - Reg. 2535/01
General provision
All imports of milk products shall be subject to presentation of an import licence Security = EUR 10 per 100 kilograms net of product Validity: current month + 3 Licences shall be issued no later than the first working day following the day on which the application is submitted
CEEC's seminars 31
Regulatory and operational aspects of…
Imports - Reg. 2535/01
Specific rules on imports at reduced duty
Chapter 1:
« Imports under quotas opened by the Community on the basis of an import licence
alone. »
CEEC's seminars 32
Regulatory and operational aspects of…
Imports - Reg. 2535/01
This chapter applies to milk products imported under specified tariff quotas
The year is divided in 2 semesters commencing on 1 July and 1 January of each year.
Licence applications to be lodged during the first 10 days of each six-months period.
The security shall be EUR 35 per 100 kg net of product.
Licence applications shall relate to no more than 10% of the quantity under the quota and shall involve no less than 10 tonnes.
CEEC's seminars 33
Applicants for import licences must be approved in advance
Eligibility criteria: applicants must prove that during the previous calendar year they imported from the Community at least 25 tonnes of milk products covered by Chapter 04 of the CN in at least 4 separate operations.
Approval shall be valid for one year.
If the total quantity covered by the licence applications exceeds the quantity available: reduction coefficient
Validity of the import licences: 150 days from the actual day issue. However, licences shall not be valid after the end of the import year for which they are issued
Regulatory and operational aspects of…
Imports - Reg. 2535/01
CEEC's seminars 34
Applies to preferential imports not subject to quotas as referred to in determined agreements and acts. (Turkey and Switzerland) The reduced rate of duty shall be applied only on presentation of the declaration of release for free circulation accompanied by the import licence and the proof of origin issued respectively, under mentioned protocols. For products originating in Switzerland, import licences shall be issued only where the applications are accompanied by a written declaration by the applicant that the referred minimum free-at-frontier value will be complied with.
Regulatory and operational aspects of…
Imports - Reg. 2535/01
Chapter II: « Non-quota imports on the basis
of an import licence alone »
CEEC's seminars 35
Section 1 applies to imports under the quotas listed in the Agreement with Norway and the one with Cyprus. Import licences for the products shall be issued only on presentation of a corresponding IMA 1 certificate
Validity: from the date of issue up to the end of the eighth month following (but in no case for longer than the corresponding import licence or beyond 31 December of the import year for which they are issued).
Section 2 applies to New Zealand butter Request of import licence to be lodged in the UK only
Regulatory and operational aspects of…
Imports - Reg. 2535/01
Chapter III: « Imports under an import licence covered by an inward-monitoring arrangement (IMA 1) certificate »