Commission Regulation (EC) No 2054/2001 of 19 October 2001 establishing the allocation of export licences for cheese to be exported in 2002 to the United States of America under certain quotas resulting from the GATT Agreements
Date: 2001-10-19
Institutions: European Commission
Subjects: GATT, United States, cheese, export, export licence, tariff quota

L 277/10

EN

Official Journal of the European Communities

20.10.2001

COMMISSION REGULATION (EC) No 2054/2001

of 19 October 2001

establishing the allocation of export licences for cheese 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,

Having regard to the Treaty establishing the European
Community,

(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 on the interested oper-
ator making a request and lodging a security.

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,

(5)

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

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 1647/2001 (3) opens
the procedure for the allocation of export licences for
cheese to be exported in 2002 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 (4), as last amended by Regula-
tion (EC) No 1923/2001 (5), provides in Article 20(3)
that in the case of applications for provisional licences
lodged pursuant
to Regulation (EC) No 1647/2001
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.

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
appropriate to ensure the allocation of a minimum
quantity.

(4)

For product groups for which the applications lodged
are for quantities less than those available, it is appro-
priate, in accordance with Article 20(5) of Regulation

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 219, 14.8.2001, p. 16.
(4) OJ L 20, 27.1.1999, p. 8.
(5) OJ L 261, 29.9.2001, p. 53.

HAS ADOPTED THIS REGULATION:

Article 1

Applications

for provisional

1.
lodged
pursuant to Regulation (EC) No 1647/2001 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:

— for the quantity applied for per product code of the
export refund nomenclature not exceeding 10 tonnes,
and

— 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:

— for the quantity applied for per product code of the
export refund nomenclature not exceeding 10 tonnes,
and

— 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.

export

licences

Applications

for provisional

2.
lodged
pursuant to Regulation (EC) No 1647/2001 in 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 coeffi-
cient in column 7 of the Annex to the quantity applied for
allows.

20.10.2001

EN

Official Journal of the European Communities

L 277/11

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, 19 October 2001.

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 2002
(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

0,3943985

0,1314662

Blue mould

Cheddar

Edam/Gouda

Italian type

16-Uruguay

2 346,000

0,3300782

0,1100261

17-Uruguay

300,000

0,1015625

0,0338542

18-Uruguay

1 000,000

1,8518519

20-Uruguay

1 000,000

0,4452102

0,1484034

21-Uruguay

700,000

0,1033943

0,0344648

Swiss or Emmenthaler cheese other
than with eye formation

22-Tokyo

393,006

0,9463968

0,3154656

22-Uruguay

380,000

0,9409594

0,3136531

Swiss or Emmenthaler cheese with eye
formation

25-Tokyo

4 003,172

0,4237921

0,1412640

25-Uruguay

1 220,000

0,3356238

0,1118746

Note No

(1)

16

17

18

20

21

22

25