Commission Regulation (EC) No 2319/1999 of 29 October 1999 establishing the allocation of export licences for cheeses to be exported in 2000 to the United States of America under certain quotas resulting from the GATT Agreements
Date: 1999-10-29
Institutions: European Commission
Subjects: GATT, United States, cheese, export licence, tariff quota

L 280/68

EN

Official Journal of the European Communities

30. 10. 1999

COMMISSION REGULATION (EC) No 2319/1999

of 29 October 1999

establishing the allocation of export licences for cheeses to be exported in 2000 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 174/1999 of
26 January 1999 laying down special detailed rules for the
application of Council Regulation (EEC) No 804/68 as regards
export licences and export refunds in the case of milk and milk
products (1), as last amended by Regulation (EC) No 1596/
1999 (2), and in particular Article 20(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 2084/1999 (3) opens
the procedure for the allocation of export licences for
cheese to be exported in 2000 to the United States of
America under certain quotas resulting from the GATT
Agreements;

in the case of applications for provisional
licences
to Regulation (EC) No 2084/1999
lodged pursuant
relating to quantities of products in each product group
greater than those available, the allocation of licences
may take into account the quantity of the same products
exported to the United States of America by the ap-
plicant 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 two of the preceding three years;
whereas a preference should be accorded to those ap-
plicants whose designated importers are subsidiaries by
fixing higher allocation coefficients for such applicants;
whereas all other applications should be rejected;

the regime does not foresee the possibility for an oper-
ator 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;

in the case of products groups for which the applica-
tions lodged are for quantities less than those available,
it is appropriate to provide for the allocation of the
remaining quantities to the applicants in proportion to

(1) OJ L 20, 27.1.1999, p. 8.
(2) OJ L 188, 21.7.1999, p. 39.
(3) OJ L 256, 1.10.1999, p. 50.

the quantities applied for; whereas the allocation of such
further quantities should be conditional upon the inter-
ested operator making a request and lodging a security,

HAS ADOPTED THIS REGULATION:

Article 1

Applications

for provisional

lodged
1.
pursuant to Regulation (EC) No 2084/1999 in respect of the
product
16-Tokyo,
16-Uruguay, 17-, 20-, 21- and 25-Tokyo and 25-Uruguay in
column 3 of the Annex hereto:

identified

licences

groups

quotas

export

and

by

— by applicants whose designated importers are subsidiaries

shall be accepted:

(a) for the quantity applied for per product code of the
export refund nomenclature not exceeding that indi-
cated 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 in-
dicated 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
in-
export refund nomenclature not exceeding that
dicated 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 in-
dicated in column 8 of the Annex allow,

— by applicants other than those provided for under the first

and second indents above shall be rejected.

export

licences

Applications

for provisional

2.
lodged
pursuant to Regulation (EC) No 2084/1999 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.

30. 10. 1999

EN

Official Journal of the European Communities

L 280/69

This Regulation shall enter into force on the day following its publication in the Official Journal
of the European Communities.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 October 1999.

For the Commission

Franz FISCHLER

Member of the Commission

L 280/70

EN

Official Journal of the European Communities

30. 10. 1999

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