Commission Regulation (EC) No 2185/98 of 9 October 1998 opening the procedure for the allocation of export licences for cheeses to be exported in 1999 to the United States of America under certain quotas resulting from the GATT Agreements
Date: 1998-10-09
Institutions: European Commission
Subjects: GATT, United States, cheese, export licence, tariff quota

10. 10. 98

EN

Official Journal of the European Communities

L 275/23

COMMISSION REGULATION (EC) No 2185/98

of 9 October 1998

opening the procedure for the allocation of export licences for cheeses to be
exported in 1999 to the United States of America under certain quotas resulting
from the GATT Agreements

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 804/68 of
27 June 1968 on the common organisation of the market
in milk and milk products (1), as last amended by Regula-
tion (EC) No 1587/96 (2), and in particular Article 17(8)
thereof,

Having regard to Commission Regulation (EC) No 1466/
95 of 27 June 1995 laying down special detailed rules of
application for export refunds on milk and milk prod-
ucts (3), as last amended by Regulation (EC) No 2184/
98 (4), and in particular Article 9a(l) thereof,

trade negotiations

Whereas Article 9a of Regulation (EC) No 1466/95
provides that export licences for cheese exported to the
United States of America as part of the additional quota
under the Agreements concluded during the Uruguay
(hereinafter
Round of multilateral
known as ‘the Agreements') may be allocated according to
a special procedure by which preferred importers in the
United States may be designated; whereas that procedure
should be opened for exports during 1999 and the addi-
tional rules relating to it should be determined; whereas,
given the time limit
the preferred
importers in the United States, the procedure should be
opened without delay;

for notification of

Whereas for the administration of imports the competent
authorities in the USA make a distinction between the
additional quota granted to the European Community
under the Uruguay Round and the quotas for Austria,
Finland and Sweden originally resulting from the Tokyo
that practice with the
Round; whereas conformity of
in
GATT rules is being examined; whereas, however,
order to avoid problems with the functioning of
the
arrangements for exports in 1999, export licences should
be allocated bearing in mind, where necessary,
the
distribution of certain groups of products according to the
nature of the quota;

Whereas 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

(1) OJ L 148, 28. 6. 1968, p. 13.
(2) OJ L 206, 16. 8. 1996, p. 21.
(3) OJ L 144, 28. 6. 1995, p. 22.
(4) See page 21 of this Official Journal.

deemed to have been lodged for the purposes of Article 1
(1) of Regulation (EC) No 1466/95;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

Export licences for products falling within CN code 0406
to be exported in 1999 to the United States of America
under the additional quota resulting from the Agreements
(hereinafter known as the ‘UR quota') and the tariff quotas
originally 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 Article 9a of Regulation
(EC) No 1466/95.

Article 2

1. Applications for provisional licences shall be lodged
with the competent authorities by 15 October 1998 at the
latest. They shall not be admissible unless they contain all
the details referred to in Article 9a(2) of Regulation (EC)
No 1466/95 and the documents mentioned therein.

2. Where, for the same group of products referred to in
Annex I, column 2,
the available quantity is divided
between the UR quota and the TR quota, licence applica-
tions may cover only one of those quotas and must in-
dicate the quota concerned, specifying the identification
of the group and of the quota indicated in Annex I,
column 3.

3.
Licence applications must cover no more than 40 %
of the quantity available for the group of products in-
dicated in Annex I, column 4, and for
the quota
concerned.

4. Applications shall not be admissible unless ap-
plicants declare in writing that they have not lodged other
applications for the same group of products and the same
quota and undertake not to do so. If an applicant lodges
different applications for the same group of products and
the same quota in one or more Member States, his
applications shall be deemed inadmissible.

L 275/24

EN

Official Journal of the European Communities

10. 10. 98

The details referred to in paragraphs 1 and 2 shall be
5.
presented in accordance with the model shown in Annex
II.

— the name and address of the importer designated by
the applicant and whether the importer is a branch of
the applicant.

For the purposes of Article 1(1) of Regulation (EC)
6.
No 1466/95, all applications lodged within the time limit
shall be deemed to have been lodged on 12 October 1998.
Article 8(4) of Regulation (EC) No 1466/95 shall not
apply to applications for provisional
licences lodged
pursuant to this paragraph.

Article 3

Member States shall notify the Commission within four
working days of the end of the period for lodging applica-
tions of the applications lodged for each of the groups of
products and, where applicable, the quotas indicated in
Annex I. 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 Harmonized Tariff Schedule of the United
States of America (1998),

— the quantities of those products exported by the ap-

plicant during the previous three years,

All notifications,
including ‘nil' notifications, shall be
made by telex or fax, by 21 October 1998 at the latest, on
the model form shown in Annex III.

Article 4

The Commission shall, pursuant to Article 9a(3) of Regu-
lation (EC) No 1466/95, determine the allocation of
licences without delay and shall notify the Member States
thereof by 31 October 1998 at the latest.

Article 5

The information referred to in Article 3 hereto and in
Article 9a(2) of Regulation (EC) No 1466/95 shall be
verified before the final licences are issued and by 31
December 1998 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 licence shall be cancelled and the
security forfeited.

Article 6

into force on the day
This Regulation shall enter
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.

Done at Brussels, 9 October 1998.

For the Commission

Franz FISCHLER

Member of the Commission

10. 10. 98

EN

Official Journal of the European Communities

L 275/25

ANNEX I

Cheese to be exported to the United States of America in 1999 under certain quotas resulting from the GATT Agreements

Article 9a of Regulation (EC) No 1466/95 and Regulation (EC) No 2185/98

Identification of group in accordance with Additional Notes in Chapter 4
of the Harmonised Tariff Schedule of the United States of America

Quantity
available for
1999

Maximum
quantity per
application

Note No

(1)

16

17

18

19

20

21

22

Group

(2)

Identification of group
and quota

Tonnes

Tonnes

(3)

(4)

(5)

Not specifically provided for (NSPF)

16 — Tokyo

908,877

363,550

Blue Mould

Cheddar

American type

Edam/Gouda

Italian type

16 — Uruguay

1 955,000

782,000

17

18

19

20

21

250,000

100,000

833,333

333,333

83,333

33,333

833,334

333,333

583,334

233,333

Swiss or Emmenthaler cheese other than with eye formation

22 — Tokyo

393,006

157,202

22 — Uruguay

316,666

126,666

25

Swiss or Emmenthaler cheese with eye formation

25 — Tokyo

4 003,172

1 601,268

25 — Uruguay

1 066,666

426,666

L 275/26

EN

Official Journal of the European Communities

10. 10. 98

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