
Article 1 
Regulation (EC) No 2535/2001 is amended as follows:

1.. Article 2 is replaced by the following:
'
Article 2 
Without prejudice to Title II of Regulation (EC) No 1291/2000, and save as otherwise provided for in this Regulation, all imports of milk products shall be subject to presentation of an import licence.';
2.. Article 19a is amended as follows:

((a)) paragraph 2 is replaced by the following:
'
2. Imports under the quotas referred to in paragraph 1 shall not be subject to the presentation of an import licence.';
((b)) paragraph 3 is deleted.
3.. Article 20 is amended as follows:

((a)) in paragraph 1, point (d) is replaced by the following:
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((d)) Annex 2 to the Agreement between the European Community and Switzerland on trade in agricultural products.';
((b)) paragraph 3 is deleted.
4.. After Article 22, the following Chapter is inserted:
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CHAPTER IIa
Article 22a 

1. This Article shall apply to preferential imports as referred to in Article 3 of the Agreement between the European Community and Switzerland on trade in agricultural products.
2. All products falling under CN code 0406 originating in Switzerland are exempted from an import duty and from the presentation of an import licence.
3. The duty exemption shall be applied only on presentation of the declaration of release for free circulation accompanied by the proof of origin issued under Protocol 3 to the Agreement between the European Economic Community and the Swiss Confederation signed at Brussels on 22 July 1972.'
5.. Article 38 is deleted.
6.. In Article 40(1), the second, third and fourth subparagraphs are deleted.
7.. Part D of Annex II is replaced by the text in Annex I to this Regulation.
8.. Annex III.A is replaced by the text in Annex II to this Regulation.
9.. Annex IV is amended in accordance with Annex III to this Regulation.
10.. Annex V is replaced by the text in Annex IV to this Regulation.
11.. In Annex VIII the first subparagraph of point 2 is replaced by the following:
'IMA 1 issuing bodies may cancel an IMA 1 certificate or part thereof for a quantity covered by it which is destroyed or rendered unfit for sale in circumstances beyond the control of the exporter. Where part of the quantity covered by an IMA 1 certificate is destroyed or rendered unfit for sale, a replacement certificate may be issued for the remaining quantity. In the case of New Zealand butter referred to in Annex III(A), the original product identification list shall be used for this purpose. The replacement certificate shall be valid only up to the same date as the original. In this case, box 17 of the replacement IMA 1 certificate shall contain the words “valid up to 00.00.0000”.'
12.. Annex X is amended in accordance with Annex V to this Regulation.
13.. In Annex XII the data related to New Zealand are replaced by the following:
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New Zealand ex 0405 10 11ex 0405 10 19ex 0405 10 30ex 0406 90 01ex 0406 90 21 ButterButterButterCheese for processingCheddar New Zealand Food Safety Authority 
Telecom Towers, 86Jervois Quay,PO Box 2835WellingtonNew ZealandTel. (64-4) 894 2500Fax (64-4) 894 2501
'
Article 2 
At the request of the interested parties, the securities lodged for the issuing of import licences shall be released under the following conditions:

((a)) the licences are issued for imports under the quotas referred to under Chapter Ia or the licences are issued for the import of products falling under CN code 0406 originating in Switzerland;
((b)) the validity of the licences has not expired before 1 January 2008;
((c)) the licences have been used only partially or not at all by 1 January 2008.
Article 3 
By way of derogation from Article 34(2) of Regulation (EC) No 2535/2001, Article 33(1)(d) of that Regulation shall not apply from 1 November 2007 to 31 January 2008 for imports related to quota year 2008.
Article 4 
Decision 2001/651/EC is repealed.
Article 5 
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2008. However, Article 3 shall apply from 1 November 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 21 December 2007.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
ANNEX I

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CN Code Description Customs duty(EUR/100 kg net weight)from 1 June 2007
0402 29 11ex 0404 90 83 Special milk, for infants, in hermetically-sealed containers of a net content not exceeding 500 g, of a fat content by weight exceeding 10 % 43,8
'

ANNEX II


‘ANNEX ΙII.A 
CN code Description Country of origin Annual quota from 1 January to 31 December(in tonnes) Maximum half-yearly quota(quantities in tonnes) QuotaPart AQuota number09,4195 QuotaPart BQuota number09,4182 Import duty(EUR/100 kg net weight) Rules for completing IMA 1 certificates
ex 0405 10 11ex 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 tonnes Half-yearly quota as from January 2008 onwards37 346,5 tonnes 20 540,5 tonnes 16 806 tonnes 70,0 See Annex IV’
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”)

ANNEX III

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

((1)) the title is replaced by the following:
'';
((2)) in Part 1, point (e) is deleted;
((3)) Part 2 is amended as follows:

((a)) point 2,2 is amended as follows:

((i)) in point (e), the third indent is deleted;
((ii)) point (i) is replaced by the following:
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((i)) in box 13, not less than 80 % but less than 85 % fat';
((b)) point 2,3 is deleted.
((4)) Part 4 is amended as follows:

((a)) in point 4,1, the following paragraphs are added:
'The competent authorities shall draw duplicate samples, one of which shall be held in secure custody in case of dispute.The laboratory undertaking the tests shall be authorised by a Member State to carry out official analyses and be recognised by that Member State as having competence in applying the method referred to above, as demonstrated by meeting the repeatability criterion when analysing blind duplicates and by successful participation in proficiency tests.';
((b)) point 4,2 is deleted;
((c)) point 4,3 is replaced by the following:
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4.3.  (a) 
The competent authorities shall notify the Commission without delay of each case of non-compliance.
 (b) In case the compliance requirement under a) is not met, the lot covered by the relevant import declaration and IMA 1 certificate shall be imported in accordance with Article 36, except where the results of the analysis of the duplicate samples as referred to under point 4,5 do comply with the requirements.
';
((d)) point 4,4 is deleted;
((e)) point 4,5 is replaced by the following:
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4.5. 
The importer concerned may challenge the results of the analysis obtained by a competent authorities’ laboratory within seven working days of receiving these results, undertaking to pay for the costs of testing the duplicate samples. In this case the competent authorities shall send sealed duplicates of the samples analysed by its laboratory to a second laboratory. This second laboratory shall be authorised by a Member State to carry out official analyses and be recognised by that Member State as having competence in applying the method referred to in point 4,1, as demonstrated by meeting the repeatability criterion when analysing blind duplicates and by successful participation in proficiency tests.

This second laboratory shall communicate the results of its analysis to the competent authorities promptly.

The findings of the second laboratory are final.
';
((f)) point 4,6 is deleted.

ANNEX IV


ANNEX V 

ANNEX V

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

((a)) Box 7 is replaced by the following:
7. Marks, numbers, number and kind of packages, detailed CN description and eight-digit CN code of the product preceded by ‘ex’ and particulars of its form of presentation.

— See product-identification list attached, reference:
— CN code ex 0405 10 — Butter, at least six weeks old, of a fat content by weight not less than 80 %, but less than 85 %, manufactured directly from milk or cream
— Factory registration No
— Date of manufacture
— Arithmetic mean of the tare weight of plastic wrapping

((b)) Box 13 is replaced by the following:
13. Fat content by weight (%)

