Commission Regulation (EC) No 1847/2004 of 22 October 2004 opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2005 under certain GATT quotas
Date: 2004-10-22
Institutions: European Commission
Subjects: United States, cheese, export licence, international trade, quantitative restriction

23.10.2004

EN

Official Journal of the European Union

L 322/19

COMMISSION REGULATION (EC) No 1847/2004

of 22 October 2004

opening the procedure for the allocation of export licences for cheese to be exported to the United
States of America in 2005 under certain GATT quotas

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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

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:

(1)

(2)

(3)

(4)

Article 20 of 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 (2), provides
that export
licences for cheese exported to the United States of
America as part of
the quotas under the agreements
concluded during multilateral trade negotiations may be
allocated in accordance with a special procedure provided
for therein.

That procedure should be opened for exports during
2005 and the additional rules relating to it should be
determined.

to the

European Community under

In administering imports the competent authorities in the
USA make a distinction between the additional quota
the
granted
resulting from the
Uruguay Round and the quotas
Tokyo Round. Export
should be allocated
licences
taking into account the eligibility of those products for
the US quota in question as described in the Harmonized
Tariff Schedule of the United States of America.

In order to provide stability and security for operators
lodging applications under
is
appropriate 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.

this special

regime,

it

HAS ADOPTED THIS REGULATION:

Article 1

Export licences for products falling within CN code 0406 and
listed in Annex I to this Regulation to be exported to the United
States of America in 2005 under the quotas referred to in
Article 20(1) of Regulation (EC) No 174/1999 shall be issued
in accordance with Article 20 of Regulation (EC) No 174/1999
and this Regulation.

Article 2

Applications for provisional licences referred to in Article
1.
‘appli-
20(2) of Regulation (EC) No 174/1999 (hereinafter
cations’) shall be lodged with the competent authorities from
26 to 29 October 2004 at the latest.

2.
Applications shall be admissible only if they contain all
the information referred to in Article 20(2) and (3) of Regu-
lation (EC) No 174/1999 and if they are accompanied by the
documents referred to therein.

Where, for the same group of products referred to in column 2
of Annex I to this Regulation the available quantity is divided
between the Uruguay Round quota and the Tokyo Round
quota,
those
licence applications may cover only one of
indicate the quota concerned, specifying the
quotas and shall
identification of the group and of the quota indicated in column
3 of Annex I.

Applications shall be drawn up in accordance with the model
set out in Annex II.

3.
Applications
quantity available for
column 4 of Annex I, and for the quota concerned.

the group of products

shall cover no more than 40 % of

the
indicated in

(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 1846/2004 (see p. 16 of this Official Journal).

4.
Applications shall be admissible only if applicants declare
in writing that they have not lodged other applications for the
same group of products and the same quota and undertake not
to do so.

L 322/20

EN

Official Journal of the European Union

23.10.2004

If an applicant lodges several applications for the same group of
products and the same quota in one or more Member States, all
his/her applications shall be deemed inadmissible.

For the purposes of Article 1(1) of Regulation (EC) No
5.
174/1999, all applications lodged within the time limit referred
to in paragraph 1 of this Article shall be deemed to have been
lodged on 26 October 2004.

Article 3

1. Member States shall notify the Commission, within three
working days after the end of the period for lodging appli-
cations, of the applications lodged for each of the groups of
products and, where applicable, the quotas indicated in Annex I.

All notifications, including ‘nil’ notifications, shall be made by
telex or fax on the model form set out in Annex III.

Notification shall comprise for each group and, where

2.
applicable, for each quota:

(a) a list of applicants;

(b) the quantities applied for by each applicant broken down by
the product code of the Combined Nomenclature and by
their code in accordance with the Harmonized Tariff
Schedule of the United States of America (2004);

(c)

the products concerned which were
the quantities of
exported by the applicant during the previous three years;

(d) the name and address of the importer designated by the
applicant and the indication whether the importer is a
subsidiary of the applicant.

Article 4

The Commission shall, pursuant to Article 20(3), (4) and (5) of
Regulation (EC) No 174/1999, determine the allocation of
licences without delay and shall notify the Member States
thereof by 30 November 2004 at the latest.

Article 5

The information notified pursuant to Article 3 of this Regu-
lation and in Article 20(2) and (3) of Regulation (EC) No
174/1999 shall be verified by the Member States before the
full licences are issued and by 31 December 2004 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. The
Member States
to the Commission
without any delay.

shall communicate it

Article 6

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

23.10.2004

EN

Official Journal of the European Union

L 322/21

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Official Journal of the European Union

23.10.2004

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