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

I.As regards Tilsit, Butterkaese, Turunmaa or Lappi cheeses listet under (m), (n) and (t) in Annex I and falling within subheadings ex 0406 90 89 of the combined nomenclature:

1.Box 7 by specifying as appropriate, ´´Tilsit cheese'', ´´Butterkaese cheese'', ´´Turunmaa cheese'' or ´´Lappi cheese'',

2.Box 10 by specifying ´´exclusively home- produced cows' milk'',

3.Boxes 11 and 12.

K.As regards Kashkavel cheeses listed under (o) in Annex I and falling within subheading 0406 90 29 of the combined nomenclature:

1.Box 7 by specifying ´´Kashkavel cheese'',

2.Box 10 by specifying ´´exclusively home- produced sheep's milk'',

3.Boxes 11 and 12.

L.As regards cheeses of sheep's milk or buffalo milk in containers containing brine, or in sheppskin or goatskin bottles, as listed under (p) in Annex I and falling within subheadings ex 0406 90 31 and 0406 90 50 of the combined nomenclature:

1.Box 7 by specifying, as appropriate, ´´cheese of sheep's milk'' or ´´cheese of buffalo milk'' and ´´in containers containing brine'' or ´´in sheepskin or goatskin bottles'',

2.Box 10 by specifying, as appropriate, ´´exclusively home-produced sheep's milk'' or ´´exclusively home-produced buffalo milk'',

3.Boxes 11 and 12.

M.As regards Edam cheese listed under (q) in Annex and falling within subheadings ex 0406 90 89 of the combined nomenclature:

1.Box 7 by specifying ´´Edam cheese in forms of a net weight not exceeding 350 g (known as Geheimratskaese)'',

2.Box 1 by specifying ´´not less than 40 % but less than 48 %'',

N.As regards blue-veined cheeses listed under (q) in Annex I and falling within subheading 0406 40 00 of the combined nomenclature:

1.Box 7 by specifying ´´blue-veined cheese, not grated or powdered''.

O.As regards Weisskaese nach Balkanart and Kefalotyri cheeses listed under (q) in Annex I and falling within subheading 0406 90 89 of the combined nomenclature:

1.Box 7 by specifying, as appropriate ´´Weisskaese nach Balkanart'' or ´´Kefalotyri'',

2.Box 10 by specifying ´´exclusively home- produced cows' milk'',

3.Box 11 by specifying ´´less than 48 %''.

P.As regards Finlandia cheeses listed under (r) in Annex I and falling within subheading ex 0406 90 37 of the combined nomenclature:

1.Box 7 by specifying ´´Finlandia cheese in rectangular blocks, of a net weight of not less than 30 kg'',

2.Box 11 by specifying ´´at least 45 %'',

3.Box 14 by specifying ´´at least 100 days''.

Q.As regards Jarlsberg and Ridder cheeses listed under (s) in Annex I and falling within subheadings 0406 90 39 and ex 0406 90 89 of the combined nomenclature:

1.Box 7 by specifying either ´´Jarlsberg cheese'' and as appropriate:

-´´Whole cheeses with rind with a net weight of 8 to 12 kg inclusive'',

-´´Rectangular blocks with a net weight of not more than 7 kg'',

-´´Pieces packed in vacuum of in inert gas, with a net weight of at least 150 g and not more than 1 kg'',

or ´´Ridder cheese'', and as appropriate:

-´´Whole cheeses with rind of 1 kg to 2 kg'',

or -´´Pieces packed in vacuum or in inert gas, with rind on at least one side, with a net weight of at least 150 g'',

2.Box 11 by specifying as appropriate ´´at least 45 %'' or ´´at least 60 %'',

3.Box 14 by specifying as appropriate ´´at least three months'' or ´´at least four months''.

Annex IV is replaced by the following:

ANNEX IV Third countryCombined nomenclature code and description of goodsIssuing agencyNameLocationex Australia0406 90 11Cheddar and other cheese for processingDepartment of Primary IndustryCanberra Austria0406 30 0406 40 00 0406 90 13 ex 0406 90 15 ex 0406 90 17 0406 90 23 0406 90 25 0406 90 27 0406 90 35 ex 0406 90 89Processed cheese Blue-veined cheese Emmental Gruyère Bergkaese Edam Tilsit Butterkaese Kefalotyri Alpentaler Tiroler Graukaese Mondseer Cheeses known as ´Weisskaese nach Balkanart'Milchwirtschaftsfonds et OEsterreichische Hartkaese Export-Gesell- schaft either jointly or separatelyVienna Innsbruck Bulgaria0406 90 29 0406 90 31 0406 90 50Kashkaval Cheeses of sheep's milk or buffalo milkBulgarkontrolaSofia Canada0406 90 21CheddarCanadian Dairy Commission Commission canadienne du laitOttawa Cyprus0406 90 29 0406 90 31 0406 90 50Kashkaval Cheeses of sheep's milk or buffalo milkMinistry of Commerce and IndustryNicosia Finland0406 90 13 ex 0406 90 15 0406 30 0406 90 25 0406 90 37 ex 0406 90 89Emmental Gruyère Processed cheese Tilsit Finlandia Turunmaa, LappiValtion Maitovalmisteiden TarkastuslaitosHelsinki Hungary0406 90 29 0406 90 31 0406 90 50Kashkaval Cheeses of sheep's milk or buffalo milkTejtermékek Magyar Allami Ellenoerzoe AllomasaBudapest Israel0406 90 29 0406 90 31 0406 90 50Kashkaval Cheeses of sheep's milk or buffalo milkMinistry of Industry and Trade, Food DivisionJerusalem Norway0406 30 0406 90 39 ex 0406 90 89Processed cheese Jarlsberg RidderO. Kavli Norske MeierierBergen Oslo New Zealand0406 90 11Cheddar and other cheeses for processingNew Zealand Dairy BoardWellington Romania0406 90 25 0406 90 29 0406 90 31 0406 90 50Tilsit Kashkaval Cheeses of sheep's milk or buffalo milkOfficiul de Control al MarfurilorBucharest Switzerland0402 29 11Special milk for infantsOffice fédéral de l'agriculture du département fédéral de l'économie publiqueBerne ex 0406 90 17AppenzellOffice commercial pour le fromage d'AppenzellSaint-Gallen 0406 90 13 0406 90 15Emmental,

Gruyère, SbrinzUnion suisse du commerce de fromage SABerne ex 0406 90 17Vacherin fribourgeois, Vacherin mont-d'or, Tête de moineSociété suisse des fabricants de fromages à pâte molle et mi-dure SFPMBerne 0406 20 10 0406 90 19Glarus herb cheeseChambre de commerce glaronaise et Société suisse des fabricants de fromages aux herbes à r.l.Glarus 0406 30 Processed cheeseUnion suisse du commerce de fromage SABerne 0406 90 25TilsitCentrale suisse du commerce du TilsitWeinfelden etOffice fédéral de l'agriculture du département fédéral de l'économie publiqueBerne Turkeyex 0406 90 29 ex 0406 90 31 ex 0406 90 50Kashkaval Cheeses of sheep's milk or buffalo milkT.C.

Tarim BakanligiVeterinary services of the Tarim Bankanligi, at various locations in Turkey Yougoslavia0406 90 29 0406 90 31 0406 90 50Kashkaval Cheeses of sheep's milk or buffalo milkFond ze Unapredjene Proizvodnje i Plasmana Stoke i Stocnih ProizvodaBelgrade 1. 2. 88No L 28/ Article 21 Commission Regulation (EEC) No 1953/82 of 6 July 1982 laying down special conditions for the export of certain cheeses to third countries(37), as last amended by Regulation (EEC) No 3812/85(38), is hereby amended as follows:

1.Article 2 (2) is replaced by the following:

´2. For processed cheeses falling within subheading 0406 30 of the combined nomenclature exported to Switzerland, the certificate to be used shall correspond to the specimen shown in Annex 1.' 2.Annex II B is replaced by the following:

ANNEX II B Cheeses which may be exported to Switzerland under a certificate of which a specimen is shown in Annex II C CN codeProductsex 0406Butterkaese Danbo Edam Elbo Esrom Fontal Fontina Fynbo Galantine Gouda Havarti Italico Maribo Molbo Mimolette Samsoe St-Paulin Tilsit Tybo Other cheeses of a fat content by weight of dry matter of 30 % or more and of a water content by weight of the non-fatty matter exceeding 52 % but not exceeding 67 % Article 22 Article 1 of Commission Regulation (EEC) No 3305/82 of 9 December 1982 laying down detailed rules for the provision of administrative assistance in connection with the export of cheeses eligible for special treatment on import into Norway(39), is hereby replaced by the following:

´Article 1 On export to Norway of cheeses falling within heading No 0406 of the combined nomenclature, produced in the Community, a certificate corresponding to the specimen set out in the Annex hereto shall be issued at the request of the person concerned.' Article 23 In Article 2 (1), point (c) in the first subparagraph and point (g) in the second subparagraph of Council Regulation (EEC) No 1842/83 of 30 June 1983, laying down general rules for the supply of milk and certain milk products at reduced prices to schoolchildren(40), as last amended by Regulation (EEC) No 232/87(41), are hereby replaced respectively, by the following:

(a)´(c)whole milk yoghurt;' (b)´(g)skimmed and semi-skimmed yoghurt and yoghurt containing sugar, cocoa or fruit in a maximum proportion to be determined.' Article 24 The Annex to Commission Regulation (EEC) No 2617/83 of 28 July 1983 laying down detailed rules for the supply of milk and certain milk products to schoolchildren(42), as last amended by Regulation (EEC) No 3443/86(43), is hereby replaced by the following:

´ANNEX List of products eligible for the Community aid referred to in Article 2 (1) of Regulation (EEC) No 1842/83 -Category I (a)untreated whole milk;

(b)whole milk which has been pasteurized or subjected to a UHT process;

(c)chocolate-flavoured or flavoured whole milk which has been pasteurized, sterilized or subjected to a UHT process, with a whole milk content, by weight, of at least 90 %;

(d)whole milk yoghurt;

(e)yoghurt containing sugar, cocoa or fruit, of a whole milk content, by weight, of at least 85 %, or where the fruit pulp contains, by weight, at least 80 % of whole milk.

-Category II (a)semi-skimmed milk which has been pasteurized, sterilized or subjected to a UHT process;

(b)chocolate-flavoured or flavoured semi-skimmed milk which has been pasteurized, sterilized or subjected to a UHT process, of a semi-skimmed milk content, by weight, of at least 90 %;

(c)semi-skimmed milk yoghurt;

(d)yoghurt containing sugar, cocoa or fruit, of a semi-skimmed milk-content, by weight, of at least 85 % or where the fruit pulp contains, by weight, at least 80 % of semi-skimmed milk.

-Category III Buttermilk.

-Category IV Fresh and processed cheeses of a fat content, by weight, in the dry matter, of 40 % or more.

-Category V Other cheeses of a fat content, by weight, in the dry matter, of 45 % or more.

-Category VI Grana Padano cheese.

-Category VII Parmiggiano-Reggiano cheese.' Article 25 Commission Regulation (EEC) No 3439/83 of 5 December 1983 laying down special conditions for the export of certain cheeses to Australia(44), as last amended by Regulation (EEC) No 269/84(45), is hereby amended as follows:

1.Article 3 is replaced by the following:

´Article 3 For cheeses other than blue-veined cheeses and cheddar, box 7 of the title shall include the words ´´of a water content by weight of the non-fatty matter exceeding 47 % but not exceeding 62 %''. ' 2.Annex I is replaced by the following:

ANNEX I List of cheeses for which a certificate, of which a specimen is shown in Annex II, may be issued CN codeDescriptionex 0406 40Blue-veined cheese, excluding Roquefort ex 0406 90 21Cheddar ex 0406 90Other cheeses of a water content, calculated by weight, of the non-fatty matter exceeding 47 % but not exceeding 62 %, except for:

-Kefalotyri, Kefalograviera and Kasseri, made exclusively from sheep's and/or goats'milk -Asiago, Caciocavallo, Montasio, Provolone, Ragusano, Butterkaese, Esrom, Italico, Kernhem, Saint- Nectaire, Saint-Paulin, Taleggio, Ricotta, Feta -cheeses of a fat content by weight in the dry matter of less than 19 % and a dry matter content of 32 % or more by weight -cheeses of a fat content by weight in the dry matter of 19 % or more and less than 39 % and a water content, calculated by weight, in the non-fatty matter of 62 % or less Article 26 In Article 1 (1) of Council Regulation (EEC) No 866/84 of 31 March 1984, laying down special measures concerning the exclusion of milk products from inward processing arrangements and from certain usual forms of handling(46), as last amended by Regulation (EEC) No 2254/87(47), the second subparagraph is hereby replaced by the following:

´However, until 31 March 1988, the use of inward processing arrangements shall not be prohibited for whey falling within subheading 0404 10 91 of the combined nomenclature and processed into products falling within subheadings 0404 10 11, 1702 10, 1901 10, 1901 90 90 and 2106 90 51 and into lactalbumin falling within subheadings 3502 90 51 and 3502 90 59.' Article 27 Article 1 (3) of Commission Regulation (EEC) No 896/84 of 31 March 1984 laying down additional provisions concerning the grant of export refunds on milk and milk products(48), as last amended by Regulation (EEC) No 2881/84(49) is hereby replaced by the following:

´3. For the products falling within subheading 0405 00 90 or heading No 2309 of the combined nomenclature, the proof referred to in paragraph 1 may be completed or, as appropriate, replaced by proof that:

-the butter or cream which has served as the raw material for the manufacture of the products falling within subheading 0405 00 90,

-the skimmed milk or skimmed-milk powder which has been incorporated in the products falling within heading No 2309,

have been manufactured during the period concerned.' Article 28 Article 11 (2) of Commission Regulation (EEC) No 1371/84 of 16 May 1984 laying down detailed rules for the application of the additional levy referred to in Article 5c of Regulation (EEC) No 804/68(50), as last amended by Regulation (EEC) No 2404/87(51) is hereby replaced by the following:

´2. For the purposes of intra-Community trade in milk products falling within heading No 0401 of the combined nomenclature, the Member States shall adopt the necessary measures and provide for the appropriate controls to ensure that such products are duly and accurately accounted for as required by Regulation (EEC) No 857/84.

At the time of the completion of customs formalities, the exporter shall enter on the export declaration the words ´´Accounted for as required by Regulation (EEC) No 857/84 by Mr ...''. ' Article 29 Annex I to Commission Regulation (EEC) No 2248/85 of 25 July 1985 on detailed rules for administrative assistance with the exportation of certain cheeses subject to quota restrictions that qualify for special treatment on importation into the United States of America(52), as last amended by Regulation (EEC) No 2651/85(53), is hereby replaced by the following:

ANNEX I List of types of cheese referred to in Article 1 CN codeType of cheeseex 0406 90 13 ex 0406 90 89 ex 0406 90 77 ex 0406 90 89Emmentaler Maasdam Samsoe Svenbo Article 30 In Annex I to Council Regulation (EEC) No 3792/85 of 20 December 1985 laying down the arrangements applying to trade in agricultural products between Spain and Portugal(54), the customs tariff number 0404 and the related description of the goods are hereby replaced by the following:

´CN codeDescription of goodsex 0406 ex 0406 30Cheese and curd:

-Processed cheese, not grated or powdered -Other:

--Other not grated or powdered, of a fat content, by weight, not exceeding 40 % and a water content, calculated by weight of the non-fatty matter, exceeding 47 % but not exceeding 72 %:

ex 0406 90 21---Cheddar:

-of the ´´Ilah'' type ex 0406 90 23 ex 0406 90 77 ex 0406 90 89 ---Other:

-of the ´´Holland'' type' Article 31 In Annex I to Council Regulation (EEC) No 3797/85 of 20 December 1985 laying down detailed rules concerning quantitative restrictions on imports into Portugal from third countries of certain agricultural products subject to the system of transition by stages(55), the Common Customs Tariff number 04.04 and the related description of goods are hereby replaced by the following:

´CN codeDescription of goods%ex 0406 Cheese and curd:

ex 0406 30-Processed cheese, not grated or powdered -Other:

--Other not grated or powdered, of a fat content, by weight, not exceeding 40 % and a water content, calculated by weight of the non-fatty matter exceeding 47 % but not exceeding 72 %:

ex 0406 90 21---Cheddar:

-of the ´´Ilha'' type ex 0406 90 23 ex 0406 90 77 ex 0406 90 89 ---Other:

-of the ´´Holland'' type' 2 % Article 32 Council Regulation (EEC) No 491/86 of 25 February 1986 laying down detailed rules concerning quantitative restrictions on imports into Spain of certain agricultural products from third countries(56) is hereby amended as follows:

1.Annex I is replaced by the following:

ANNEX I CN codeDescription of goodsex 0401Milk and cream, not concentrated not containing added sugar or other sweetening matterex 0402Milk and cream, concentrated or containing added sugar or other sweetening matter:ex 0402 10 11 ex 0402 10 19 ex 0402 21-in powder, granules or other solid forms, not containing added sugar or other sweetening matter:-for human consumption -in powder, granules, or other solid forms, containing added sugar or other sweetening matter:

ex 0402 29 11-special milk for infants, in hermetically sealed containers of a net content not exceeding 500 g of a fat content by weight exceeding 10 % but not exceeding 27 %ex 0403Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoaex 0405Butter and other oils and fats derived from milk2.In Annex II, the Common Customs Tariff number 04.04 and the related description of goods are replaced by the following:

´CN codeDescription of goods% ex 0406 Cheeses, excluding curd4 % (1)' 3.In Annex III, the Common Customs Tariff number 04.02 and the related descriptions of goods are replaced by the following:

´CN codeDescription of goodsex 0402Milk and cream, concentrated or containing added sugar or other sweetening matter:ex 0402 10 91 ex 0402 10 99 ex 0402 29 15 ex 0402 29 19 ex 0402 29 91 ex 0402 29 99-in powder, granules or other solid forms:

-not containing added sugar or other sweetening matter:

-for human consumption' Article 33 The Annex to Council Regulation (EEC) No 492/86 of 25 February 1986 fixing, for 1986, the initial quota applicable to Portugal for certain milk products coming from the Community as constituted at 31 December 1985 (57) is hereby replaced by the following:

ANNEX CN codeDescription of goodsInitial quota for 1986 (tonnes) ex 0406 Cheese and curd:

ex 0406 30-Processed cheese, not grated or powdered -other:

--other than grated or powdered:

ex 0406 90 21---Cheddar:

-of the ´´Ilha'' type ex 0406 90 23 ex 0406 90 77 ex 0406 90 89 --Other:

-of the ´´Holland'' type 1 220 Article 34 Article 1 of Commission Regulation (EEC) No 607/86 of 28 February 1986, fixing the initial quota for cheese imports into Portugal from third countries(58) is hereby replaced by the following:

´Article 1 The volume of the initial quota for 1986 for imports into Portugal from third countries of cheeses specified in Annex I to Council Regulation (EEC) No 3797/85 shall be 431 tonnes.

For the period from 1 March to 31 December 1986 the said volume shall be reduced by one-sixth.' 1. 2. 88No L 28/ Article 35 Article 1 of Commission Regulation (EEC) No 608/86 of 28 February 1986 fixing the initial quotas for cheese imports into Portugal from Spain(59) is hereby replaced by the following:

´Article 1 The volume of the initial quota for 1986 for cheeses specified in Annex I to Council Regualtion (EEC) No 3792/85 in the case of imports into Portugal from Spain shall be 200 tonnes.

For the period from 1 March to 31 December 1986 the said volume shall be reduced by one-sixth.' Article 36 Article 1 Commission Regulation (EEC) No 609/86 of 28 February 1986 fixing the quotas applying to imports into Spain of milk and milk products from third countries(60), as last amended by Regulation (EEC) No 2739/86(61), is hereby replaced by the following:

´Article 1 1. The initial quotas for 1986 for products specified in Annex I of Council Regulation (EEC) No 491/86 imported into Spain from third countries shall be as follows:

-heading No 0401 and subheadings 0403 10 11, 0403 10 13,

0403 10 19, 0403 90 51,

0403 90 53 and 0403 90 59 of the combined nomenclature:

363 tonnes,

-subheadings ex 0402 10 11, ex 0402 10 19 and ex 0402 21, for human consumption and 0402 29 11 of the combined nomenclature:

250 tonnes,

-heading No 0405 of the combined nomenclature:

150 tonnes.

´Article 1 The free-at-frontier values applicable on imports of certain cheeses originating in and coming from Switzerland which are accompanied by an approved licence shall be as follows:

Description of goodsFree-at-frontier value in ECU per 100 kg net weightEmmentaler, Gruyère, Sbrinz, Appenzell, Vacherin fribourgeois and Tête de moine, not grated or powdered of a minimum fat content of 45 % by weight in the dry matter, matured for at least two months in the case of Vacherin fribourgeois and at least three months in the other cases, falling within combined nomenclature subheadings ex 0406 90 13, ex 0406 90 15 and ex 0406 90 17:

-whole cheeses with rind, of a free-at-frontier value of not less than341,58 (1) -pieces packed in vacuum or inert gas, with rind on at least one side, of a net weight of not less than 1 kg but less than 5 kg and of a free-at-frontier value of not less than365,76 (1) Emmentaler, Gruyère, Sbrinz, Appenzell, Vacherin fribourgeois and Tête de moine, not grated or powdered of a minimum fat content of 45 % by weight in the dry matter, matured for at least two months in the case of Vacherin fribourgeois and at least three months in the other cases, falling within combined nomenclature subheadings ex 0406 90 13, ex 0406 90 15 and ex 0406 90 17:

Description of goodsFree-at-frontier value in ECU per 100 kg net weight-whole cheeses with rind, of a free-at-frontier value of not less than365,76 (2) -pieces packed in vacuum or inert gas, with rind on at least one side, of a net weight of not less than 1 kg and a free-at-frontier value of not less than389,94 (2) -pieces packed in vacuum or inert gas of a net weight of not more than 450 grams and of a free-at-frontier value of not less than423,79 (2) Glarus herb cheese (known as Schabziger), made from skimmed-milk and mixed with finely- ground herbs, falling within combined nomenclature headings 0406 20 10 and 0406 90 19- Tilsit, of a fat content, by weight, in the dry matter, not exceeding 48 %, falling withing combined comenclature subheading ex 0406 90 25- Tilsit, of a fat content, by weight, in the dry matter, exceeding 48 %, falling within combined nomenclature subheading ex 0406 90 25- Description of goodsFree-at-frontier value in ECU per 100 kg net weightProcessed 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, of a fat content, by weight, in the dry matter, not exceeding 56 %, falling within combined nomenclature subheading 0406 30 10 and of a free-at-frontier value of not less than243,00 (2) 1Products corresponding to those specified in point (c) of Annex I to Commission Regulation (EEC) No 1767/82.

2Products corresponding to those specified in point (d) of Annex I to Commission Regulation (EEC) No 1767/82.

Article 38 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;'.

Article 39 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:

ANNEX Accession compensatory amounts applicable in trade with Spain (Amounts to be charged on imports and granted on exports by Spain unless otherwise indicated) CN codeDescription of goodsCompensatory amount in ECU/100 kg net weight (except where otherwise indicated)ex ex 0401Milk and cream, fresh, not concentrated nor containing added sugar or other sweetening matter (excluding goats' and sheep's milk and cream):

-with a fat content, by weight, not exceeding 0,6 %1,51 -with a fat content, by weight, exceeding 0,6 % but not exceeding 6 %(1) -with a fat content, by weight, exceeding 6 %(1) 0402Milk and cream, containing added sugar or other concentrated or sweetening matter:

ex 0402 10-in powder, granules or other solid forms, of a fat content, by weight, not exceeding 1,5 %:

-not containing added sugar or other sweetening matter, for human consumption (2)57,92 -other (containing sugar or other sweetening matter)0,5792 per kg (4) -in powder, granules or other solid forms, of a fat content, by weight, exceeding 1,5 %:

0402 21--not containing added sugar at other sweetening matter:

-with a fat content, by weight, not exceeding 27 %52,20 -with a fat content, by weight, exceeding 27 % but not exceeding 45 %48,50 -with a fat content, by weight, exceeding 45 %39,76 0402 29--other:

-with a fat content, by weight, not exceeding 27 %:

0402 29 11-special milk for infants, in hermetically sealed containers of a net content not exceeding 500 g, with a fat content, by weight, exceeding 10 %0,5220 per kg (4) -other0,5220 per kg (4) -with a fat content, by weight, exceeding 27 % but not exceeding 45 %0,4850 per kg (4) -with a fat content, by weight, exceeding 45 %0,3976 per kg (4) -other (not in powder, granules or other solid forms):

0402 91--not containing added sugar or other sweetening matter:

-with a fat content, by weight, not exceeding 8 %20,37 -with a fat content, by weight, exceeding 8 % but not exceeding 10 %20,37 -with a fat content, by weight, exceeding 10 %(3) 0402 99--other:

-with a fat content, by weight, not exceeding 9,5 %15,45 (5) -with a fat content, by weight, exceeding 9,5 %(6) 0403Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

0403 10-Yogurt:

--not flavoured nor containing added fruit or cocoa:

---not containing added sugar or other sweetening matter, of a fat content, by weight:

----not exceeding 0,6 %1,51 ----exceeding 0,6 %(1) ---other(6) 0403 90-other:

--not flavoured nor containing added fruit or cocoa:

---in powder, granules or other solid forms:

----not containing added sugar or other sweetening matter, with a fat content, by weight:

-----not exceeding 0,6 %1,51 -----exceeding 0,6 %(1) ----other(6) 0404Whey, wheter or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included:

0404 10-whey, whether or not concentrated or containing added sugar or other sweetening matter- 0404 90-other:

--not containing added sugar or other sweetening matter, of a protein content (nitrogen content × 6,38), by weight:

---not exceeding 42 % and of a fat content, by weight:

0404 90 11----not exceeding 1,5 %57,92 0404 90 13----exceeding 1,5 %, but not exceeding 27 %52,20 0404 90 19----exceeding 27 %48,50 ---exceeding 42 %, and of a fat content, by weight:

0404 90 31----not exceeding 1,5 %57,92 0404 90 33----exceeding 1,5 % but not exceeding 27 %52,20 0404 90 39----exceeding 27 %48,50 --other, of a protein content (nitrogen content × 6,38), by weight:

---not exceeding 42 %, and of a fat content, by weight:

0404 90 51----not exceedng 1,5 %0,5792 per kg (4) 0404 90 53----exceeding 1,5 % but not exceeding 27 %0,5220 per kg (4) 0404 90 59----exceeding 27 %0,4850 per kg (4) ---exceeding 42 %, and of a fat content, by weight:

0404 90 91----not exceeding 1,5 %0,5792 per kg (4) 0404 90 93----exceeding 1,5 % but not exceeding 27 %0,5220 per kg (4) 0404 90 99----exceeding 27 %0,4850 per kg (4) 0405Butter and other fats and oils derived from milk:

0405 00 10-of a fat content, by weight, not exceeding 85 %:

-of a fat content, by weight, of less than 80 %0,3707 (7) -of a fat content, by weight:

-of at least 80 %, but less than 82 %29,66 -of at least 82 % but less than 84 %30,40 -of at least 84 %0,3707 (7) 0405 00 90-other0,3707 (7) 0406Cheese and curd:

ex 0406 10-fresh cheese (including whey cheese), not fermented, and curd (excluding cheese manufactured exclusively from sheep's or goats' milk):38,00 0406 20-grated or powdered cheese, of all kinds:

0406 20 10--Glarus herb cheese (known as Schabziger) made from skimmed milk and mixed with finely ground herbs22,00 0406 20 90--other46,00 0406 30-processed cheese, not grated or powdered:

0406 30 10--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, of a fat content by weight in the dry matter, not exceeding 56 %35,13 0406 30 31--other63,59 0406 30 39 0406 30 90 ex 0406 40 00-blue-veined cheese (excluding cheese manufactured exclusively from sheep's or goats' milk)17,37 ex 0406 90-other cheese:

ex 0406 90 11--for processing63,59 --other:

ex 0406 90 13---Emmentaler35,13 ex 0406 90 15---Gruyère, Sbrinz35,13 ex 0406 90 17---Bergkaese, Appenzell, Vacherin fribourgeois, Vacherin Mont d'Or and Tête de Moine35,13 ex 0406 90 19---Glarus herb cheese (known as Schabziger) made from skimmed milk and mixed with finely ground herbs22,00 ex 0406 90 21---Cheddar63,59 ex 0406 90 23---Edam40,85 ex 0406 90 25---Tilsit40,85 ex 0406 90 27---Butterkaese40,85 ex 0406 90 29---Kashkaval40,85 ---Feta:

ex 0406 90 31----of sheep's milk or buffalo milk in containers containing brine, or in sheep or goatskin bottles- ex 0406 90 33----other40,85 ex 0406 90 35---Kefalotyri40,85 ex 0406 90 37---Finlandia40,85 ex 0406 90 39---Jarlsberg40,85 ---other:

0406 90 50----cheese of sheep's milk or buffalo milk in containers, containing brine, or in sheep or goatskin bottles- ----other:

-----of a fat content, by weight, not exceeding 40 % and a water content calculated, by weight, of the non-fatty matter:

------not exceeding 47 %:

0406 90 61-------Grana Padano, Parmigiano Reggiano- 0406 90 63-------Fiore Sardo, Pecorino- ex 0406 90 69-------other46,00 ------exceeding 47 % but not exceeding 72 %40,85 ------exceeding 72 %:

ex 0406 90 91-------fresh cheese, fermented35,00 ex 0406 90 93-------other35,00 -----other:

ex 0406 90 97-------fresh cheese, fermented38,00 ex 0406 90 99-------other38,00 1702Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:

1702 10-lactose and lactose syrup (9):

1702 10 90--other12,15 2106Food preparations not elsewhere specified or included:

2106 90-other:

--flavoured or coloured sugar syrups:

---other:

2106 90 51----lactose syrup12,15 2309Preparations of a kind used in animal feeding:

2309 10-dog or cat food, put up for retail sale:

--containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup falling within subheadings 1720 30 51 to 1702 30 99, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products:

---containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup:

----containing no starch or containing 10 % or less by weight of starch:

2309 10 15-----containing not less than 50 % but less than 75 % by weight of milk products- 2309 10 19-----containing not less than 75 % by weight of milk products- ----containing more than 10 % but not more than 30 % by weight of starch:

2309 10 39-----containing not less than 50 % by weight of milk products- (8) ----containing more than 30 % by weight of starch:

2309 10 59-----containing not less than 50 % by weight of milk products- (8) 2309 10 70---containing no starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup but containing milk products- 2309 90-other:

--other:

---containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup falling within subheadings 1702 30 51 to 1702 30 99, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products:

----containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup:

-----containing no starch or containing 10 % or less by weight of starch:

2309 90 35------containing not less than 50 % but less than 75 % by weight of milk products- 2309 90 39------containing not less than 75 % by weight of milk products- -----containing more than 10 % but not more than 30 % by weight of starch:

2309 90 49------containing not less than 50 % by weight of milk products- (8) -----containig more than 30 % by weight of starch:

2309 90 59------containing not less than 50 % by weight of milk products- (8) 2309 90 70----containing no starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup but containing milk products- 1. 2. 88No L 28/1The compensatory amount per 100 kilograms net of these products shall be equal to the sum of the following components:

-an amount corresponding to the quality of milk fat, expressed as a percentage, contained in 100 kilograms net of the product multiplied by 0,0429 ECU,

-an amount corresponding to the quantity in kilograms of the non-fat part contained in 100 kilograms net of the product multiplied by 0,015108 ECU.

2´Products intended for human consumption' are products other than those denatured in accordance with the provisions of Commission Regulation (EEC) No 1725/79 (OJ No L 199, 7. 8. 1979, p. 1) or Commission Regulation (EEC) No 3714/84 (OJ No L 341, 29. 12. 1984, p. 65) or those imported into Spain under the arrangements laid down in Commission Regulation (EEC) No 1624/76 (OJ No L 186, 6. 7. 1976, p. 9).

3The compensatory amount per 100 kilograms net of these products shall be equal to the sum of the following components:

-an amount corresponding to the quantity of milk fat, expressed as a percentage, contained in 100 kilograms of the product multiplied by 0,0429 ECU,

-an amount corresponding to the quantity in kilograms of the non-fat solids contained in 100 kilograms net of the product multiplied by 0,166188 ECU.

4The compensatory amount per 100 kilograms net of these products shall be equal to the sum of:

-the amount per kilograms indicated multiplied by the weight of milk and cream contained in 100 kilograms of finished product,

-an additional amount for each percentage point of sucrose content of 100 kilograms net of the product, equal to the compensatory amount applicable to 1 kilogram of white sugar.

5The compensatory amount per 100 kilograms net of these products shall be equal to the sum of:

-the amount indicated,

-an additional amount for each percentage point of sucrose content of 100 kilograms net of the product, equal to the compensatory amount applicable to 1 kilogram of white sugar.

6The compensatory amount per 100 kilograms net of these products shall be equal to the sum of the following components:

-an amount corresponding to the quantity of milk fat expressed as a percentage, contained in 100 kilograms net of the product, multiplied by 0,0429 ECU, and -an amount corresponding to the quantity in kilograms of the non-fat milk solids contained in 100 kilograms net of the product multiplied by 0,166188 ECU,

-an additional amount for each percentage point of sucrose content of 100 kilograms net of the product, equal to the compensatory amount applicable to 1 kilogram of white sugar.

7The compensatory amount for 100 kilograms net of these products shall be equal to the amount indicated multiplied by the weight of the fat contained in 100 kilograms of finished product.

8The compensatory amount for 100 kilograms net weight of these products shall be equal:

-in the case of products falling within subheadings 2309 10 39 and 2309 90 49 of the combined nomenclature, to the accession compensatory amount for 100 kilograms of maize multiplied by the coefficient 0,16,

-in the case of products falling within subheadings 2309 10 59 and 2309 90 59 of the combined nomenclature, to the accession compensatory amount for 100 kilograms of maize multiplied by the coefficient 0,50.

These amounts are to be granted on exports to Spain by the exporting Member State or charged on imports from Spain by the importing Member State.

9In accordance with Council Regulation (EEC) No 504/86 (OJ No L 54, 1. 3. 1986, p. 54), the accession compensatory amount for products falling within subheading 1702 10 10 shall be the same as for those falling within subheading 1702 10 90 of the combined nomenclature.

NB:In the case of goats' and sheep's milk and cream and of cheese manufactured exclusively from these products:

-the analysis check shall be carried out by immunochemical and/or electrophoretic methods, supplemented as necessary by HPLC analyses,

-the party concerned shall be obliged, when completing the customs formalities, to state in the declaration provided for this purpose that the milk or cream in question consists solely of the product obtained exclusively from sheep or goats or, as appropriate, that the cheese in question was manufactured exclusively from sheep's or goats' milk.

Article 40 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:

ANNEX I Description of the EEC concession on aged Cheddar CN codeDescription of goodsRate of duty Autonomous % of levy (L)ex 0406 90 21 Cheddar:

-Cheddar made from unpasteurized milk, of a minimum fat content of 50 % by weight, in the dry matter, matured for at least nine months (a):

-in standard whole sizes (b) and of a free-at-frontier value of not less than 170 ECU (c) per 100 kg net weight L (d) -others of a net weight of:

-not less than 500 g and of a free-at-frontier value of not less than 185 ECU (c) per 100 kg net weight L (d) -less than 500 g and of a free-at-frontier value of not less than 195 ECU (c) per 100 kg net weight L (d) (a)Entry under this subheading is subject to conditions to be determined by the competent authorities.

(b)The expression "standard whole sizes'' in relation to subheading 0406 90 21 shall be taken to apply to:

-rounds of a net weight of between 33 and 44 kg inclusive;

-cubic blocks or rounds of a net weight of not less than 10 kg.

(c)The minimum values shall be automatically adjusted to take account of changes in the factors determining the formation of Cheddar prices in the Community. This adjustment shall be by way of an increase or decrease equal to that of the Community threshold price for Cheddar.

(d)10 ECU per 100 kg net weight within a 2 750 tonnes annual tariff quota to be allocated by the competent authorities of the European Communities.

Article 41 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.

(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 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 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.

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:

-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.

(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 3 500 tonnes to be granted by the competent authorities of the European Communities.

Article 42 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.

(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 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:

-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.

4.Appendix II of letter B 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.

(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 3 500 tonnes to be granted by the competent authorities of the European Communities.

Paragraph 1 (a) and (b) of the abovementioned arrangement is replaced by the following:

(a)Imports into the Community Cheeses falling within heading No 0406 of the combined nomenclature originating in and imported from Finland and accompanied by an approved certificate:

Import duty (ECU/100 kg)Quantity (tonnes)-Finlandia, having a minimum fat content of 45 % by weight of the dry matter, having matured for at least 100 days, in rectangular blocks, weighing not less than 30 kg net, falling within subheading 0406 90 37 18,13 -Emmental, Gruyère, Sbrinz and Bergkaese, other than grated or powdered, having a minimum fat content of 45 % by weight of the dry matter, having matured for at least three months, falling within subheadings ex 0406 90 13, ex 0406 90 15 and ex 0406 90 17:

-whole cheeses 18,13 6 850 (1),

including a maximum of 3 000 tonnes of Finlandia -pieces packed in vacuum or in inert gas, with rind on at least one side, having a net weight of not less than 1 kg and less than 5 kg 18,13 1 700 (1) -Processed cheeses, other than grated or powdered, in the manufacture of which no cheeses have been used other than Emmental, Gruyère, Appenzell and, possibly, in addition, Glaris herb cheese (also known as "Schabzinger''), put up for retail sale and having a fat content by weight of the dry matter not exceeding 56 %, falling within subheading 0406 30 10 36,27 -Tilsit, Turunmaa and Lappi, falling within subheadings 0406 90 25 and ex 0406 90 89 60 700 (b)Imports into Finland Cheeses falling within heading No 0406 of the Finnish Customs Tariff, originating in and imported from the Community and accompanied by an approved certificate of quality and origin:

Import duty Quantity0406 10 -Fresh cheese (including whey cheese), not fermented, and cured 2/3 of the levy 0406 20 -Grated or powdered cheese, of all kinds levy according to the kind of cheese 0406 30 -Processed cheese, not grated or powdered 1/3 of the levy 0406 40 -Blue-veined cheese 1/6 of the levy 0406 90 -Other cheeses:

--Cheese of the Emmental type the whole levy --Cheese of the Edam type the whole levy --Whey cheese 2/3 of the levy --Other cheese:

---Soft matured cheeses (white mould-cured cheeses) (2) 1/6 of the levy ---Other 1/3 of the levy 1 500 tonnes with no restrictions on type or quality 1The quantities allocated to these categories of cheese are interchangeable up to 25 % of the stated quantities.

2The expression ´cured cheeses' means cheeses which have been treated or cured by biological agents such as moulds, yeast or other organisms which have caused a visible crust to form on the surface of the cheese. The effects of the treatment or curing must extend visibly from the surface towards the centre of the cheese. The fat content by weight of the dry matter shall not be less than 50 %. The moisture content by weight of the non-fatty matter shall not be less than 65 %. The following cheeses may, for example, meet this definition:

BibressCoulommiersMunster BrieEpoissePont-l'Évêque CamembertHerveReblochon CambréLimbourgSaint-Marcellin Carré de l'EstLivarotTaleggio ChaourceMaroilles Cheeses sold under trade names (for example):

BoursaultDucs (Suprême des) Caprice des DieuxExplorateur.

Article 44 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.

Article 46 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.

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(61)OJ No L 58, 1. 3. 1986, p. 32.

(62)OJ No L 58, 1. 1. 1986, p. 33.

(63)OJ No L 252, 4. 9. 1986, p. 20.

(64)OJ No L 74, 19. 3. 1986, p. 20.

(65)OJ No L 188, 8. 7. 1987, p. 34.

(66)OJ No L 182, 3. 7. 1987, p. 36.

(67)OJ No L 185, 4. 7. 1987, p. 58.

(68)OJ No L 71, 17. 3. 1980, p. 129.

(69)OJ No L 308, 27. 11. 1984, p. 54.

(70)OJ No L 308, 27. 11. 1984, p. 59.

(71)OJ No L 370, 31. 12. 1985, p. 41.

(72)OJ No L 22, 29. 1. 1986, p. 25.

(73)OJ No L 196, 17. 7. 1987, p 77.

(74)OJ No L 213, 4. 8. 1987, p. 36.