Commission Regulation (EC) No 1988/2003 of 12 November 2003 establishing 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: 2003-11-12
Institutions: European Commission
Subjects: United States, cheese, export, export licence, quantitative restriction

L 295/54

EN

Official Journal of the European Union

13.11.2003

COMMISSION REGULATION (EC) No 1988/2003

of 12 November 2003

establishing 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,

(5)

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
1787/2003 (2), and in particular Article 30 thereof,

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 1471/2003 (3) opens
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.

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 1948/2003 (5), lays down in Article 20(3)
the criteria to be applied for allocating provisional
licences where
are
submitted in respect of a quantity of products in excess
of one of the relevant quotas for the year in question.

applications

licences

those

for

The demand for export licences for some quotas and
product groups has shown a significant increase and
exceeds, sometimes by far, the quantities available. This
may lead to a substantial reduction in the quantities allo-
cated per applicant, thereby reducing the efficiency and
effectiveness of the scheme. In addition, where the quan-
tities allocated to each operator are very small, experi-
ence has shown that there is a risk of an operator in
such circumstances being unable to fulfil his obligation
to export with the consequent loss of the security.

In order to deal with that situation, it is appropriate to
apply a combination of the three criteria referred to in
Article 20(3) of Regulation (EC) No 174/1999. In accor-
dance with points (a) and (b) of that Article,
licences
should be allocated in preference to applicants which
have already been engaged in the United States of
America whose designated importers are subsidiaries
and which have exported quantity of
the concerned
products to that destination in the past. In addition a
reduction coefficient should be applied pursuant to point
(c) of the said Article 20(3).

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 270, 21.10.2003, p. 121.
(3) OJ L 211, 21.8.2003, p. 5.
(4) OJ L 20, 27.1.1999, p. 8.
(5) OJ L 287, 5.11.2003, p. 13.

In the case of product groups and quotas for which the
quantities applied for exceed only slightly those avail-
able, the application of a combination of the criteria
provided for in Article 20(3)(b) and (c) of Regulation
(EC) No 174/1999 is sufficient to allocate economically
viable
should be
accorded in such circumstances to applicants whose
importers are subsidiaries, while applying a reduction
coefficient.

quantities. Therefore preference

(6)

it is appropriate,

In the case of product groups and quotas for which the
applications lodged are for quantities less than those
available,
in accordance with Article
20(5) of Regulation (EC) No 174/1999, to provide for
the allocation of the remaining quantities to the appli-
cants in proportion to the quantities applied for. The
allocation of such further quantities should be condi-
tional upon the interested operator making a request
and lodging a security.

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

Each application for provisional export licences lodged
1.
pursuant to Regulation (EC) No 1471/2003 in respect of the
product groups and quotas identified by 16-Tokyo, 16-, 17-,
20- and 21-Uruguay, 25-Tokyo and 25-Uruguay in column 3
of the Annex hereto:

— by applicants which show an export to the United States of
America of the products in question during at least one of
the preceding three years and whose designated importers
are subsidiaries shall be accepted in accordance with the
allocation coefficients in column 5 of the Annex,

— by applicants other than those provided for under the first
indent which show an export
to the United States of
America of the products in question during each of the
preceding three years shall be accepted in accordance with
the allocation coefficients in column 6 of the Annex,

— by applicants other than those provided for under the first

and second indents above shall be rejected.

13.11.2003

EN

Official Journal of the European Union

L 295/55

If the allocated quantity resulting from the application of
2.
Article 1(1) is less than two tonnes, applicants may withdraw
their application. In such cases, they shall notify the competent
authorities within five working days of the publication of this
Regulation whereupon their
security shall be immediately
released. The competent authority shall notify the Commission
within eight working days of the publication of this Regulation,
of the quantity for which applications have been withdrawn
and for which the security has been released.

Applications

for provisional

lodged
3.
pursuant to Regulation (EC) No 1471/2003 in respect of the
product group and quota identified by 18-Uruguay in column
3 of the Annex hereto:

licences

export

export

licences

Applications

for provisional

lodged
4.
pursuant to Regulation (EC) No 1471/2003 in respect of the
product group and quotas identified by 22-Tokyo and 22-
Uruguay in column 3 of the Annex shall be accepted for the
quantities requested. On the further application of the trader
within 20 working days of the entry into force of this Regula-
tion and subject to the lodging of the security applicable, provi-
sional export licences may be issued for further quantities in
accordance with the allocation coefficient in column 9 of the
Annex.

— by applicants whose designated importers are subsidiaries
shall be accepted in accordance with the allocation coeffi-
cient in column 7 of the Annex,

Article 2

— by applicants other than those provided for under the first
indent shall be accepted in accordance with the allocation
coefficient in column 8 of the Annex.

This Regulation shall enter
into force on the third 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, 12 November 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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

Identification of group
and quota

Quantity available for
2004
(t)

ANNEX

Allocation coefficient provided for under Article
1(1)

Allocation coefficient provided for under Article
1(3)

First indent

Second indent

First indent

Second indent

Allocation coefficient
provided for under
Article 1(4)

Note No

(1)

16

17

18

20

21

22

25

Group

(2)

Not specifically provided
for (NSPF)

Blue mould

Cheddar

Edam/Gouda

Italian type

Swiss or Emmenthaler
cheese other than with eye
formation

Swiss or Emmenthaler
cheese with eye formation

17-Uruguay

18-Uruguay

20-Uruguay

21-Uruguay

22-Tokyo

22-Uruguay

25-Tokyo

25-Uruguay

(3)

(4)

(5)

(6)

16-Tokyo

908,877

0,1965479

0,0655160

16-Uruguay

2 346,000

0,1513203

0,0504401

300,000

0,2147971

0,0715990

(7)

—

—

—

(8)

—

—

—

1 000,000

1 000,000

700,000

393,006

380,000

4 003,172

1 220,000

—

—

1,0000000

0,6671750

0,3259807

0,1086602

0,2350571

0,0783524

—

—

—

—

0,4294560

0,1431520

0,4484195

0,1494732

—

—

—

—

—

—

—

—

—

—

—

—

(9)

—

—

—

—

—

—

1,1089209

1,1377246

—

—

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