Commission Regulation (EC) No 2221/2004 of 22 December 2004 establishing the allocation of export licences for cheese to be exported to the United States of America in 2005 under certain GATT quotas
Date: 2004-12-22
Institutions: European Commission
Subjects: GATT, United States, cheese, export, export licence, quantitative restriction, tariff quota

23.12.2004

EN

Official Journal of the European Union

L 375/9

COMMISSION REGULATION (EC) No 2221/2004

of 22 December 2004

establishing 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,

(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:

(1)

(2)

(3)

Commission Regulation (EC) No 1847/2004 (2) opens
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.

Article 20(3) 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 (3) lays
down 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.
Following the enlargement of the Community on 1 May
2004, Article 20(3) of Regulation (EC) No 174/1999 also
provides for transitional measures in respect of those
criteria for the year 2005.

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
allocated per applicant, thereby reducing the efficiency
and effectiveness of the scheme. In addition, where the
quantities allocated to each operator are very small,
there is a risk of an
experience has
operator being unable in such circumstances to fulfil
his obligation to export with the consequent
loss of
the security.

shown that

that

In order to deal with that situation, it is appropriate to
apply a combination of the three criteria referred to in
the first subparagraph of Article 20(3) of Regulation (EC)
No 174/1999,
the transitional
taking into account
In accordance with points (a)
measures provided for.
and (b) of
should be
licences
subparagraph,
allocated in preference to applicants who have already
been engaged in the United States of America, whose
designated importers are subsidiaries and who have
exported a quantity of the products concerned to that
destination in the past.
In addition, a reduction coef-
ficient should be applied pursuant to point (c) of that
subparagraph.

(5)

(6)

(7)

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
to the
applicants 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.

remaining quantities

allocation of

the

Given the time limit
procedure, as provided for
1847/2004,
possible.

for the implementation of

this
in Regulation (EC) No
this Regulation should apply as soon as

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

HAS ADOPTED THIS REGULATION:

Article 1

export

licences

Applications

for provisional

1.
lodged
pursuant to Regulation (EC) No 1847/2004 in respect of the
product groups and quotas identified by 16-Tokyo, 16-, 17-,
18-, 20- and 21-Uruguay, 25-Tokyo and 25-Uruguay in column
3 of the Annex to this Regulation shall be accepted, subject to
the application of
the allocation coefficients laid down in
column 5 of that Annex, when they are submitted by:

(1) OJ L 160, 26.6.1999, p. 48. Regulation last

amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004,
p. 6).

(2) OJ L 322, 23.10.2004, p. 19.
(3) OJ L 20, 27.1.1999, p. 8. Regulation last amended by Commission
Regulation (EC) No 1846/2004 (OJ L 322, 23.10.2004, p. 16).

— applicants who show an export to the United States of
America of the products in question during at least one
of
and whose designated
importers are subsidiaries, or

the preceding three years

L 375/10

EN

Official Journal of the European Union

23.12.2004

— applicants whose designated importers are deemed to be
subsidiaries pursuant to point (b) of the second subpar-
agraph of Article 20(3) of Regulation (EC) No 174/1999.

Applications referred to in the first subparagraph shall be
accepted, subject to the application of the allocation coefficients
laid down in column 6 of the Annex, when they are submitted
by:

— applicants other than those referred to in the first subpar-
agraph who show an export to the United States of America
of the products in question during each of the preceding
three years, or

— applicants in respect of whom an historical performance is
not required pursuant to point (a) of the second subpar-
agraph of Article 20(3) of Regulation (EC) No 174/1999.

Applications referred to in the first subparagraph shall be
rejected when they are submitted by applicants other than
those referred to in the first and second subparagraphs.

If the allocated quantity resulting from the application of
2.
paragraph 1 is less than 2 tonnes, applicants may withdrawn
their application. In such cases, they shall notify the competent
authorities within five working days of the entry into force of

this Regulation whereupon their security shall be immediately
released.

The competent authority shall notify the Commission within
eight working days of the entry into force of this Regulation,
of the quantity for which applications have been withdrawn and
for which the security has been released.

Article 2

Applications for provisional export licences lodged pursuant to
Regulation (EC) No 1847/2004 in respect of the product group
and quotas identified by 22-Tokyo and 22-Uruguay in column
3 of the Annex to this Regulation shall be accepted for the
quantities requested.

On further application of the trader within 10 working days of
the entry into force of
to the
lodging of the security applicable, provisional export licences
may be issued for further quantities subject to the application
of the allocation coefficient laid down in column 7 of the
Annex.

this Regulation and subject

Article 3

This Regulation shall enter into force on the day of its publi-
cation 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 December 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

23.12.2004

EN

Official Journal of the European Union

L 375/11

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