Commission Regulation (EC) No 1471/2003 of 20 August 2003 opening the procedure for the allocation of export licences for cheeses to be exported in 2004 to the United States of America under certain quotas resulting from the GATT Agreements
Date: 2003-08-20
Institutions: European Commission
Subjects: GATT, United States, cheese, export licence, tariff quota

21.8.2003

EN

Official Journal of the European Union

L 211/5

COMMISSION REGULATION (EC) No 1471/2003

of 20 August 2003

opening the procedure for the allocation of export licences for cheeses to be exported in 2004 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,

Article 1

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
806/2003 (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 of
application for export
refunds on milk and milk
products (3), as last amended by Regulation (EC) No
1392/2003 (4), provides that export licences for cheese
exported to the United States of America as part of the
quotas under the agreements concluded during multilat-
eral trade negotiations, may be allocated according to a
special procedure by which preferred importers in the
United States may be designated.

That procedure should be opened for exports during
2004 and the additional rules relating to it should be
determined.

For the administration of imports the competent autho-
rities 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
Tokyo Round; whereas export licences should be allo-
cated 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)

Export licences for products falling within CN code 0406 to be
exported in 2004 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 Regu-
lation (EC) No 174/1999.

Article 2

1.
Applications for provisional licences shall be lodged with
the competent authorities from 1 to 10 September 2003 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
indicate the quota
only one of
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 under-
take not to do so. If an applicant lodges different applications
for the same group of products and the same quota in one or
more Member States, all his applications shall be deemed inad-
missible.

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

The details referred to in paragraphs 1 and 2 shall be

5.
presented in accordance with the model shown in Annex II.

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 20, 27.1.1999, p. 8.
(4) OJ L 197, 5.8.2003, p. 3.

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 1 September 2003.

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Official Journal of the European Union

21.8.2003

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 notifica-
tions, 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
refund nomenclature for milk
products and by their description in accordance with the
Harmonised Tariff Schedule of the United States of America
(2003),

the export

— 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 Regu-
lation (EC) No 174/1999, determine the allocation of licences
without delay and shall notify the Member States thereof by 31
October 2003 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 veri-
fied before the full licences are issued and by 31 December
2003 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 that of its publication in the Official Journal of the
European Union.

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

Done at Brussels, 20 August 2003.

For the Commission

Franz FISCHLER

Member of the Commission

Cheese to be exported to the United States of America in 2004 under certain quotas resulting from the GATT Agreements

Article 20 of Regulation (EC) No 174/1999 and Regulation (EC) No 1471/2003

ANNEX I

Identification of group in accordance with Additional Notes in Chapter 4 of the Harmonised Tariff Schedule of the United States
of America

Identification of group and quota

Quantity available for
2004

Maximum quantity
per application

Note to

(1)

16

17

18

19

20

21

22

25

Group

(2)

Not specifically provided for (NSPF)

Blue Mould

Cheddar

American type

Edam/Gouda

Italian type

Swiss or Emmenthaler cheese other than with eye formation

Swiss or Emmenthaler cheese with eye formation

(3)

16 - Tokyo

16 - Uruguay

17

18

19

20

21

22 - Tokyo

22 - Uruguay

25 - Tokyo

25 - Uruguay

(t)

(4)

908,877

2 346,000

300,000

1 000,000

100,000

1 000,000

700,000

393,006

380,000

(t)

(5)

363,550

938,400

120,000

400,000

40,000

400,000

280,000

157,202

152,000

4 003,172

1 601,268

1 220,000

488,000

.

.

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