Commission Regulation (EC) No 2407/98 of 6 November 1998 establishing 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: 1998-11-06
Institutions: European Commission
Subjects: GATT, United States, cheese, export licence, export refund, tariff quota

L 298/16

EN

Official Journal of the European Communities

7. 11. 98

COMMISSION REGULATION (EC) No 2407/98

of 6 November 1998

establishing 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 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 (1), as last amended by Regulation (EC) No 2184/
98 (2), and in particular Article 9a(3) thereof,

Whereas Commission Regulation (EC) No 2185/98 (3)
opens the procedure for the allocation of export licences
for cheese to be exported in 1999 to the United States of
America under certain quotas resulting from the GATT
Agreements;

Whereas,
in the case of applications for provisional
licences lodged pursuant to Regulation (EC) No 2185/98
relating to quantities of products in each product group
greater than those available, the allocation of licences may
take into account
the same products
the quantity of
exported to the United States of America by the applicant
in the past and preference may be given to applicants
whose designated importers are subsidiaries; whereas
licences should be allocated to applicants who exported
the cheeses in question to the United States of America in
at least one of the preceding three years; whereas a pref-
erence should be accorded to those applicants whose
designated importers are subsidiaries by fixing higher
allocation coefficients for such applicants; whereas all
other applications should be rejected;

Whereas the regime does not foresee the possibility for an
operator to renounce the delivery of a certificate in cases
where the quantity resulting from the application of the
allocation coefficients is very small; whereas experience
has shown that there is a risk of an operator in such
circumstances being unable to fulfil his obligation to
export with the consequent loss of the security; whereas it
is therefore appropriate to ensure the allocation of a
minimum quantity;

Whereas in the case of products groups for which the
applications lodged are for quantities less than those
available, it is appropriate to provide for the allocation of

(1) OJ L 144, 28. 6. 1995, p. 22.
(2) OJ L 275, 10. 10. 1998, p. 21.
(3) OJ L 275, 10. 10. 1998, p. 23.

the remaining quantities to the applicants in proportion
to the quantities applied for; whereas the allocation of
such further quantities should be conditional upon the
interested operator making a request and lodging a
security,

HAS ADOPTED THIS REGULATION:

Article 1

1. Applications for provisional export licences lodged
pursuant to Regulation (EC) No 2185/98 in respect of the
product groups and quotas
identified by 16-Tokyo,
16-Uruguay, 17-, 20-, 21- and 25-Tokyo and 25-Uruguay
in column 3 of the Annex hereto:

— by applicants which show an export to the United
States of America of the products in question during
at least one of the preceding three years and whose
designated
be
are
accepted:

subsidiaries

importers

shall

(a)

for the quantity applied for per product code of
the export refund nomenclature not exceeding
that indicated in column 5 of the Annex; and

(b) for the quantity applied for per product code of
the export refund nomenclature exceeding that
indicated in column 5 in so far as the allocation
coefficients indicated in column 6 of the Annex
allow,

— by applicants other than those provided for under the
first indent which show an export to the United States
of America of the products in question during at least
one of the preceding three years shall be accepted:

(a)

for the quantity applied for per product code of
the export refund nomenclature not exceeding
that indicated in column 7 of the Annex; and

(b) for the quantity applied for per product code of
the export refund nomenclature exceeding that
indicated in column 7 in so far as the allocation
coefficients indicated in column 8 of the Annex
allow,

7. 11. 98

EN

Official Journal of the European Communities

L 298/17

— by applicants other than those provided for under the
first and second indents above shall be rejected.

2. Applications for provisional export licences lodged
pursuant to Regulation (EC) No 2185/98 in respect of the
product groups and quotas identified by 18- and 22-
Tokyo and 22-Uruguay in column 3 of the Annex hereto
shall be accepted for the quantities requested. On the
further application of the trader within 15 working days

of the entry into force of this Regulation and subject to
the lodging of the security applicable, provisional export
licences may be issued for further quantities in so far as
the coefficients in column 9 of the Annex allow.

Article 2

This Regulation shall enter
into force on the 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.

Done at Brussels, 6 November 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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

Article 1(1) first indent

Article 1(1) second indent

Article 1(2)

ANNEX

Identification of
group and quota

(Tonnes)

Quantity referred
to under (a)
(Tonnes)

Allocation coeffi-
cient provided for
under (b)

Quantity referred
to under (a)
(Tonnes)

Allocation coeffi-
cient provided for
under (b)

Note No

(1)

16

17

18

20

21

22

25

Group

(2)

(3)

(4)

Not specifically provided for (NSPF)

16-Tokyo

908,877

Blue mould

Cheddar

Edam/Gouda

Italian type

16-Uruguay

1 955,000

17-Tokyo

250,000

18-Tokyo

833,333

20-Tokyo

833,334

21-Tokyo

583,334

Swiss or Emmenthaler cheese other
than with eye formation

22-Tokyo

393,006

22-Uruguay

316,666

Swiss or Emmenthaler cheese with
eye formation

25-Tokyo

4 003,172

25-Uruguay

1 066,666

(5)

10

10

0

0

10

0

0

0

10

10

(6)

0,5405558

0,5597197

0,3921569

1,0000000

0,7814961

0,5000000

1,0000000

1,0000000

0,4892963

0,7417536

(7)

10

10

10

0

10

0

10

10

(8)

(9)

0,2702779

0,2798598

0,1960784

1,0000000

1,7495969

0,3907480

0,1637202

0,2446482

0,3708768

1,1002408

1,1007961

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