Commission Regulation (EC) No 1923/2002 of 28 October 2002 establishing the allocation of export licences for cheeses to be exported in 2003 to the United States of America under certain quotas resulting from the GATT Agreements
Date: 2002-10-28
Institutions: European Commission
Subjects: GATT, United States, cheese, export, export licence, tariff quota

L 293/14

EN

Official Journal of the European Communities

29.10.2002

COMMISSION REGULATION (EC) No 1923/2002

of 28 October 2002

establishing the allocation of export licences for cheeses to be exported in 2003 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,

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.

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
509/2002 (2), and in particular Article 30 thereof,

(5)

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

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 1332/2002 (3) opens
the procedure for the allocation of export licences for
cheese to be exported in 2003 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 1472/2002 (5), provides in Article 20(3)
that in the case of applications for provisional licences
lodged pursuant
to Regulation (EC) No 1332/2002
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
than that available, a preference should be
greater
accorded to those applicants whose designated importers
are subsidiaries by fixing higher allocation coefficients
for such applicants.

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 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.

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

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 79, 22.3.2002, p. 15.
(3) OJ L 195, 24.7.2002, p. 10.
(4) OJ L 20, 27.1.1999, p. 8.
(5) OJ L 219, 14.8.2002, p. 4.

HAS ADOPTED THIS REGULATION:

Article 1

Applications

for provisional

lodged
1.
pursuant to Regulation (EC) No 1332/2002 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 1332/2002 in respect of the
product group identified by 18-Uruguay 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.

29.10.2002

EN

Official Journal of the European Communities

L 293/15

This Regulation shall enter into force on the third day following that of 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, 28 October 2002.

For the Commission

Franz FISCHLER

Member of the Commission

L 293/16

EN

Official Journal of the European Communities

29.10.2002

Identification of group in accordance with Addi-
tional 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
2003
(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

0,2773776

0,0924592

16-Uruguay

2 346,000

0,1836938

0,0612313

Blue mould

17-Uruguay

300,000

0,0110092

0,0036697

Cheddar

18-Uruguay

1 000,000

1,2578616

Edam/Gouda

20-Uruguay

1 000,000

0,2832298

0,0944099

Italian type

21-Uruguay

700,000

0,0354890

0,0118297

Swiss or Emmenthaler cheese
other than with eye formation

22-Tokyo

393,006

0,7773177

0,2591059

22-Uruguay

380,000

1,0000000

0,3684211

Swiss or Emmenthaler cheese
with eye formation

25-Tokyo

4 003,172

0,4083430

0,1361143

25-Uruguay

1 220,000

0,3543829

0,1181276

Note No

(1)

16

17

18

20

21

22

25