Commission Regulation (EC) No 1647/2001 of 13 August 2001 opening the procedure for the allocation of export licences for cheeses to be exported in 2002 to the United States of America under certain quotas resulting from the GATT Agreements
Date: 2001-08-13
Institutions: European Commission
Subjects: GATT, United States, cheese, export licence, quantitative restriction

L 219/16

EN

Official Journal of the European Communities

14.8.2001

COMMISSION REGULATION (EC) No 1647/2001

of 13 August 2001

opening the procedure for the allocation of export licences for cheeses to be exported in 2002 to
the United States of America under certain quotas resulting from the GATT Agreements

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

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 milk products (1), as last amended by Regulation (EC) No
1670/2000 (2), and in particular Article 30 thereof,

Whereas:

Article 20 of 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 (3), as last amended by
Regulation (EC) No 1370/2001 (4), provides that export
licences for cheese exported to the United States of
America as part of the additional quota under the Agree-
ments concluded during the Uruguay Round of multilat-
eral trade negotiations (hereinafter known as ‘the Agree-
ments’) may be allocated according to a special proce-
dure by which preferred importers in the United States
may be designated.

That procedure should be opened for exports during
2002 and the additional rules relating to it should be
determined.

For the administration of imports the competent author-
ities in the USA make a distinction between the addi-
tional quota granted to the European Community under
the Uruguay Round and the quotas resulting from the
should be allocated
licences
Tokyo Round. Export
bearing in mind, where necessary, the distribution of
certain groups of products according to the nature of
the quota.

In order to provide stability and security for operators
lodging demands under this special regime, it is appro-
priate 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.

(1)

(2)

(3)

(4)

(5)

Article 1

Export licences for products falling within CN code 0406 to be
exported in 2002 to the United States of America under the
additional quota resulting from the Agreements concluded
during the Uruguay Round (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 20 of
Regulation (EC) No 174/1999.

Article 2

1.
Applications for provisional licences shall be lodged with
the competent authorities from 3 to 13 September 2001 at the
latest. They shall not be admissible unless they contain all the
details referred to in Article 20(2) of Regulation (EC) No 174/
1999 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 applications may cover
only one of
indicate the quota
concerned, specifying the identification of the group and of the
quota indicated in Annex I, column 3.

those quotas and must

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

Applications shall not be admissible unless applicants
4.
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 applica-
tions for the same group of products and the same quota in
one or more Member States, all his applications shall be
deemed inadmissible.

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

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

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 20, 27.1.1999, p. 8.
(4) OJ L 183, 6.7.2001, p. 18.

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 3 September 2001.

14.8.2001

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Official Journal of the European Communities

L 219/17

Article 3

Article 4

Member States
shall notify the Commission within five
working days of the end of the period for lodging applications
of the applications lodged for each of the groups of products
and, where applicable, the quotas indicated in Annex I. All
notifications, including ‘nil’ notifications, 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 prod-
ucts and by their description in accordance with the
Harmonised Tariff Schedule of the United States of America
(2001),

— the quantities of those products exported by the applicant

during the previous three years,

The Commission shall, pursuant to Article 20(3) to (5) of
Regulation (EC) No 174/1999, determine the allocation of
licences without delay and shall notify the Member States
thereof by 31 October 2001 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 before the full licences are issued and by 31 December
2001 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

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

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.

Done at Brussels, 13 August 2001.

For the Commission

Franz FISCHLER

Member of the Commission

L 219/18

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Official Journal of the European Communities

14.8.2001

ANNEX I

Cheese to be exported to the United States of America in 2002 under certain quotas resulting from the GATT Agreements

Article 20 of Regulation (EC) No 174/1999 and Regulation (EC) No 1647/2001

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
2002

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

2 346,000

938,400

17

18

19

20

21

300,000

120,000

1 000,000

400,000

100,000

40,000

1 000,000

400,000

700,000

280,000

Swiss or Emmenthaler cheese other than with eye formation

22 — Tokyo

393,006

157,202

22 — Uruguay

380,000

152,000

25

Swiss or Emmenthaler cheese with eye formation

25 — Tokyo

4 003,172

1 601,268

25 — Uruguay

1 220,000

488,000

ANNEX II

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ANNEX III

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