Commission Regulation (EC) No 2450/2000 of 7 November 2000 establishing the allocation of export licences for cheeses to be exported in 2001 to the United States of America under certain quotas resulting from the GATT Agreements
Date: 2000-11-07
Institutions: European Commission
Subjects: GATT, United States, agricultural product nomenclature, cheese, export licence, subsidiary, tariff nomenclature, tariff quota

8.11.2000

EN

Official Journal of the European Communities

L 282/5

COMMISSION REGULATION (EC) No 2450/2000

of 7 November 2000

establishing the allocation of export licences for cheeses to be exported in 2001 to the United
States of America under certain quotas resulting from the GATT Agreements

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

appropriate to ensure the allocation of a minimum
quantity.

Having regard to the Treaty establishing the European
Community,

(4)

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), as last amended by Regulation (EC) No
1670/2000 (2), and in particular Article 30 thereof,

In the case of product groups for which the applications
lodged are for quantities less than those available, it is
appropriate, in accordance with Article 20(5) of Regula-
tion (EC) No 174/1999, to provide for the allocation of
the remaining quantities to the applicants in proportion
to the quantities applied for. The allocation of such
further quantities should be conditional upon the inter-
ested operator making a request and lodging a security.

Whereas:

(5)

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

(1)

(2)

Commission Regulation (EC) No 1553/2000 (3), as
amended by Regulation (EC) No 1795/2000 (4), opens
the procedure for the allocation of export licences for
cheese to be exported in 2001 to the United States of
America under certain quotas resulting from the GATT
Agreements.

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 (5), as last amended by Regula-
tion (EC) No 2357/2000 (6), provides in Article 20(3)
that in the case of applications for provisional licences
lodged pursuant
to Regulation (EC) No 1553/2000
relating to quantities of products in any 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 appli-
cant in the past and preference may be given to appli-
cants whose designated importers are subsidiaries. Since
for most product groups the quantity applied for is
greater
than that available, a preference should be
accorded to those applicants whose designated impor-
ters are subsidiaries by fixing higher allocation coeffi-
cients for such applicants.

(3)

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 and experience has
shown that there is a risk of an operator in such circum-
stances being unable to fulfil his obligation to export
with the consequent loss of the security. It is therefore

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 176, 15.7.2000, p. 34.
(4) OJ L 212, 23.8.2000, p. 3.
(5) OJ L 20, 27.1.1999, p. 8.
(6) OJ L 272, 25.10.2000, p. 15.

HAS ADOPTED THIS REGULATION:

Article 1

Applications

for provisional

lodged
1.
pursuant to Regulation (EC) No 1553/2000 in respect of the
product groups and quotas identified by 16-Tokyo, 16-, 17-,
20- and 21-Uruguay, 22-Tokyo, 22-Uruguay, 25-Tokyo and
25-Uruguay in column 3 of the Annex hereto:

licences

export

— 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 10 tonnes;
and

(b) for the quantity applied for per product code of the
export refund nomenclature exceeding 10 tonnes in so
far as the allocation coefficients indicated in column 5
of the Annex allow,

— by applicants other than those provided for under the first

indent shall be accepted:

(a) for the quantity applied for per product code of the
export refund nomenclature not exceeding 10 tonnes;
and

(b) for the quantity applied for per product code of the
export refund nomenclature exceeding 10 tonnes in so
far as the allocation coefficients indicated in column 6
of the Annex allow.

L 282/6

EN

Official Journal of the European Communities

8.11.2000

Applications for provisional export licences lodged pursuant to Regulation (EC) No 1553/2000 in
2.
respect of the product group identified by 18- in column 3 of the Annex 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 application of the coefficient in column 7 of the Annex to the
quantity applied for allows.

This Regulation shall enter into force on the third 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, 7 November 2000.

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

Group

(2)

ANNEX

Identification
of group
and quota

Quantity
available
for 2001
(t)

Allocation
coefficient provided
for under
Article 1(1),
first indent

Allocation
coefficient provided
for under
Article 1(1),
second indent

Coefficient provided
for under
Article 1(2)

(3)

(4)

(5)

(6)

(7)

Not specifically provided for (NSPF)

16-Tokyo

908,877

0,3559826

0,1186609

Blue mould

Cheddar

Edam/Gouda

Italian type

16-Uruguay

2 346,000

0,3344720

0,1114907

17-Uruguay

300,000

0,1786135

0,0595378

18-Uruguay

1 000,000

2,0202020

20-Uruguay

1 000,000

0,5726681

0,1908894

21-Uruguay

700,000

0,2629981

0,0876660

Swiss or Emmenthaler cheese other than
with eye formation

22-Tokyo

393,006

0,9510333

0,3170111

22-Uruguay

380,000

0,9409594

0,3136531

Swiss or Emmenthaler cheese with eye
formation

25-Tokyo

4 003,172

0,4738906

0,1579635

25-Uruguay

1 220,000

0,4223169

0,1407723

Note No

(1)

16

17

18

20

21

22

25