2002R1332 — EN — 31.07.2002 — 000.001 — 1
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►B COMMISSIONREGULATION(EC)No1332/2002
of23July2002
opening the procedure for the allocation of export licences for cheeses to be exported in 2003 to
theUnitedStatesofAmerica undercertain quotasresultingfromtheGATTAgreements
(OJ L 195, 24.7.2002, p. 10)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1497/2002 of 21 August 2002 L 225 14 22.8.2002
▼B
COMMISSIONREGULATION(EC)No1332/2002
of23July2002
opening the procedure for the allocation of export licences for
cheeses to be exported in 2003 to the United States of America
undercertain quotasresultingfromtheGATTAgreements
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May
1999 on the common organisation of the market in milk and milkproducts(
1), as last amended by Commission Regulation (EC) No 509/
2002(2), and in particular Article (30) thereof,
Whereas:
(1)Article 20 of Commission Regulation (EC) No 174/1999 of 26
January 1999 laying down special detailed rules of application
for export refunds on milk and milk products(3), as last amended
by Regulation (EC) No 1166/2002(4), thereof, provides that
export licences for cheese exported to the United States ofAmerica as part of the quotas under the Agreements concludedduring multilateral trade negotiations, may be allocated
according to a special procedure by which preferred importers
in the United States may be designated.
(2)That procedure should be opened for exports during 2003 andthe additional rules relating to it should be determined.
(3)For the administration of imports the competent authorities in
the United States of America make a distinction between the
additional quota granted to the European Community under theUruguay Round and the quotas resulting from the Tokyo Round.Export licences should be allocated bearing in mind, wherenecessary, the distribution of certain groups of products
according to the nature of the quota.
(4)In order to provide stability and security for operators lodging
demands under this special regime, it is appropriate to fix the
day on which applications are deemed to have been lodged for
the purposes of Article 1(1) of Regulation (EC) No 174/1999.
(5)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Milk andMilk Products,
HAS ADOPTED THIS REGULATION:
Article 1
Export licences for products falling within CN code 0406 to be
exported in 2003 to the United States of America under the additionalquota resulting from the Agreements concluded during the UruguayRound (hereinafter known as the UR quota) and the tariff quotasoriginally resulting from the Tokyo Round and granted to Austria,Finland and Sweden by the United States of America in Uruguay
Round list XX (hereinafter known as the TR quota) as referred to in
Annex I shall be issued in accordance with the provisions of Article20 of Regulation (EC) No 174/1999.2002R1332 — EN — 31.07.2002 — 000.001 — 2
(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 79, 22.3.2002, p. 15.
(3) OJ L 20, 27.1.1999, p. 8.
(4) OJ L 170, 29.6.2002, p. 51.
▼B
Article 2
1. Applications for provisional licences shall be lodged with the
competent authorities from 2 to 11 September 2002 at the latest. Theyshall not be admissible unless they contain all the details referred to inArticle 20(2) of Regulation (EC) No 174/1999 and the documentsmentioned therein.
2. Where, for the same groupof p roducts referred to in Annex I,
column 2, the available quantity is divided between the UR quota andthe TR quota, licence applications may cover only one of those quotasand must indicate the quota concerned, specifying the identification ofthe groupand of the quota indicated in Annex I, column 3.
3. Licence applications must cover no more than 40 % of the quan-
tity available for the groupof p roducts indicated in Annex I, column 4,and for the quota concerned.
4. Applications shall not be admissible unless applicants declare in
writing that they have not lodged other applications for the same groupof products and the same quota and undertake not to do so. If an appli-
cant lodges different applications for the same group of products and
the same quota in one or more Member States, all his applications shallbe deemed inadmissible.
5. The details referred to in paragraphs 1 and 2 shall be presented in
accordance with the model shown in Annex II.
6. For the purposes of Article 1(1) of Regulation (EC) No 174/1999,
all applications lodged within the time limit shall be deemed to have
been lodged on 2 September 2002.
Article 3
Member States shall notify the Commission within seven working days
of the end of the period for lodging applications of the applicationslodged for each of the groups of products and, where applicable, thequotas indicated in Annex I. All notifications, including ‘nil’ notifica-tions, shall be made by telex or fax, on the model form shown in
Annex III. Notification shall comprise for each group and, where
applicable, for each quota:
— a list of applicants,
— the quantities applied for by each applicant broken down by code of
the export refund nomenclature for milk products and by their
description in accordance with the Harmonised Tariff Schedule of
the United States of America (2002) ,
— the quantities of those products exported by the applicant during the
previous three years,
— the name and address of the importer designated by the applicant
and whether the importer is a branch of the applicant.
Article 4
The Commission shall, pursuant to Article 20(3) to (5) of Regulation
(EC) No 174/1999, determine the allocation of licences without delayand shall notify the Member States thereof by 31 October 2002 at the
latest.
Article 5
The information referred to in Article 3 of this Regulation and in
Article 20(2) of Regulation (EC) No 174/1999 shall be verified beforethe full licences are issued and by 31 December 2002 at the latest.
Where it is found that incorrect information has been supplied by an
operator to whom a provisional licence has been issued, the licenceshall be cancelled and the security forfeited.2002R1332 — EN — 31.07.2002 — 000.001 — 3
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Article 6
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R1332 — EN — 31.07.2002 — 000.001 — 4
▼B
ANNEX I
Cheese to be exported to the United States of America in 2003 under certain quotas resulting
fromtheGATTAgreements
Article 20 of Regulation (EC) No 174/1999 and Regulation (EC) No 1332/2002
Identification of groupin accordance with additional
notes in Chapter 4 on the Harmonised Tariff Schedule
of the United States of AmericaQuantity
available
for 2003Maximum
quantity
per applica-
tion
Note GroupIdentification of group
and quota(Tonnes) (Tonnes)
(1) (2) (3) (4) (5)
16 Not specifically provided for
(NSPF)16 — Tokyo 908,877 363,550
16 — Uruguay 2 346,000 938,400
17 Blue mould 17 300,000 120,00018 Cheddar 18 1 000,000 400,00019 American type 19 100,000 40,000
20 Edam/Gouda 20 1 000,000 400,000
21 Italian type 21 700,000 280,00022 Swiss or Emmenthaler cheese
other than with eye formation22 — Tokyo 393,006 157,202
22 — Uruguay 380,000 152,000
25 Swiss or Emmenthaler cheese
with eye formation25 — Tokyo 4 003,172 1 601,268
25 — Uruguay 1 220,000 488,0002002R1332 — EN — 31.07.2002 — 000.001 — 5
ANNEX II
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ANNEX III
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