Commission Regulation (EC) No 1846/2004 of 22 October 2004 amending Regulation (EC) No 174/1999 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
Date: 2004-10-22
Institutions: European Commission
Subjects: accession to the European Union, cheese, export licence, export restriction, milk, milk product, tariff quota

L 322/16

EN

Official Journal of the European Union

23.10.2004

COMMISSION REGULATION (EC) No 1846/2004

of 22 October 2004

amending Regulation (EC) No 174/1999 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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), and in particular Article 30 thereof,

Whereas:

20

of Commission Regulation

(EC) No
Article
174/1999 (2) provides that export
licences for cheese
exported to the United States of America as part of the
quotas under the agreements concluded during multi-
lateral trade negotiations may be allocated according to
a special procedure by which preferred importers in the
USA may be designated.

Latvia,

Following the accession of the Czech Republic, Estonia,
Poland,
Cyprus,
Lithuania, Hungary, Malta,
Slovenia and Slovakia (new Member States)
to the
for
Community on 1 May 2004,
certain cheeses originally resulting from the Uruguay
Round and granted to the Czech Republic, Hungary,
Poland and Slovakia by the United States of America
in Uruguay Round list XX are to be amalgamated into
an EU-25 quota and administered as from 2005 onwards
in the same way as the EU-15 quota has been under the
abovementioned agreements.

the tariff quotas

(1)

(2)

(3)

A transitional arrangement as regards the application of
the historic export criterion should relate to all appli-
cations by applicants established in and applying in the
new Member States for quotas for which no country-
specific quota has been fixed for 2003.

Another transitional arrangement as regards the appli-
cation of the preference for subsidiaries criterion should
apply to applications by applicants established in and
applying in the Czech Republic, Hungary, Poland and
Slovakia
cheese
intended to enter the USA under quotas for which a
country-specific quota has been fixed for 2003.

for provisional

to export

licences

under

products

In order to give some flexibility to EU exporters to
export
the
Harmonised Tariff Schedule of
the United States of
America, the application for an export licence should
contain the eight-digit product code of the Combined
Nomenclature.

described

quotas

in

As no export refund is applied for the products falling
under CN code 0406 destined to the United States of
America the proof of arrival should not be required in
order to have the licence security released.

(5)

(6)

(7)

(8)

Regulation (EC) No 174/1999 should therefore be
amended accordingly.

In order to allow operators in the new Member States to
adapt to the system applied in the Community, transi-
tional measures should be introduced for the 2005 quota
year in respect of the application of the allocation criteria
in Article 20(3) of Regulation (EC) No 174/1999 to
requests for export licenses lodged in the new Member
States.

(9)

Given the time limit
procedure for 2005,
soon as possible.

the
for the implementation of
this Regulation should apply as

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004,
p. 6).

(2) OJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation

(EC) No 810/2004 (OJ L 149, 30.4.2004, p. 138).

(10)

The Management Committee for Milk and Milk Products
has not delivered an opinion within the time limit set by
its chairman,

23.10.2004

EN

Official Journal of the European Union

L 322/17

HAS ADOPTED THIS REGULATION:

Article 1

Article 20 of Regulation (EC) No 174/1999 is amended as
follows:

1. Paragraph 1 is replaced by the following:

‘1.
In accordance with the procedure referred to in Article
42 of Regulation (EC) No 1255/1999, the Commission may
in accordance
decide that export licences shall be issued,
for products
with paragraphs 2 to 11 of
this Article,
falling within CN code 0406 for export
to the United
States of America as part of the following quotas:

(a)

the additional quota under the Agriculture Agreement,

(b) 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,

(c)

the tariff quotas originally resulting from the Uruguay
Round and granted to the Czech Republic, Hungary,
Poland and Slovakia by the United States of America
in Uruguay Round list XX.’

2. In paragraph 2, in the first subparagraph, the following is

added:

(i) in the Czech Republic for the purpose of exporting
cheese to the United States of America under the
quotas described in additional notes 16, 17, 18,
20 and 25 to Chapter 4 of the Harmonised Tariff
for which country-specific quotas
Schedule (HTS)
have been fixed for 2003,

(ii) in Hungary for the purpose of exporting cheese to
the United States of America under
the quota
described in additional note 25 to Chapter 4 of
the HTS for which a country-specific quota has
been fixed for 2003,

(iii) in Poland for the purpose of exporting cheese to the
United States of America under the quotas described
in additional notes 16 and 21 to Chapter 4 of the
HTS for which country-specific quota have been
fixed for 2003,

(iv) in Slovakia for the purpose of exporting cheese to
the United States of America under
the quota
described in additional note 16 to Chapter 4 of
the HTS for which a country-specific quota has
been fixed for 2003;

(b) for the purposes of point (b) of the first subparagraph,
an applicant may have his or her designated preferred
importer for 2005 deemed to be a subsidiary provided
that:

‘By way of derogation from the first sentence of Article 5(1),
Section 16 of licence applications and licences shall show
the eight-digit product code of the Combined Nomenclature’.

(i) its application was lodged in

3. In paragraph 3, the following subparagraph is added:

‘However, in respect of applications for provisional licences
to export cheese to the United States of America for the
2005 quota year by applicants established in the Czech
Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia (‘new Member States’)
and applying in their Member State of establishment, the
following transitional measures shall apply:

(a)

the historic export performance provided for in point (a)
of the first subparagraph is not required for applicants
who submit with their application documentary proof
that they have been established for at least three years
in the new Member States and have exported cheese
during each of those years, except in the case of appli-
cations for provisional licenses submitted:

— the Czech Republic for a provisional licence for
the purpose of exporting cheese to the United
States of America under the quotas described in
additional notes 16, 17, 18, 20 and 25 to
Chapter 4 of the HTS,

— in Hungary for a provisional

licence for the
purpose of exporting cheese to the United
States of America under the quota described in
additional note 25 to Chapter 4 of the HTS,

— in Poland for a provisional

licence for

the
purpose of exporting cheese to the United
States of America under the quotas described
in additional notes 16 and 21 to Chapter 4 of
the HTS,

L 322/18

EN

Official Journal of the European Union

23.10.2004

— in Slovakia for a provisional

licence for the
purpose of exporting cheese to the United
States of America under the quotas described
in additional note 16 to Chapter 4 of the HTS,

(ii) the applicant submits to the competent authority of
the Member State in which the application is lodged
documentary evidence that he has been established
for at least three years in the new Member States
and has exported the cheese in question to the USA
during each of
the three calendar years prior to
lodging the application,

(iii) the applicant gives to the competent authority of the
Member State in which the application is lodged a
written undertaking to initiate the procedure to
establish a subsidiary in the United States of
America,

(iv) the applicant submits to the competent authority of
the Member State in which the application is lodged
evidence of exports to preferred importers in the 12
months prior to lodging the application.’

4. In paragraph 10, the third subparagraph is replaced by the

following:

‘The security for the full
licence shall be released only on
presentation of the export declaration duly endorsed by the
competent customs authority’.

Article 2

This Regulation shall enter into force on the 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, 22 October 2004.

For the Commission

Franz FISCHLER
Member of the Commission