Commission Regulation (EC) No 1519/2005 of 19 September 2005 opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2006 under certain GATT quotas
Date: 2005-09-15
Institutions: European Commission
Subjects: United States, cheese, export licence, quantitative restriction

20.9.2005

EN

Official Journal of the European Union

L 244/13

COMMISSION REGULATION (EC) No 1519/2005

of 19 September 2005

opening the procedure for the allocation of export licences for cheese to be exported to the United
States of America in 2006 under certain GATT quotas

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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

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)

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
the quotas under the agreements
America as part of
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
2006 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
granted
the
resulting from the
Uruguay Round and the quotas
Tokyo Round. Export
should be allocated
licences
taking into account the eligibility of those products for
in question as described in the
the USA quota
Harmonized Tariff Schedule of
the United States of
America.

(4) With a view to exporting the maximum quantity under
the quotas for which there is moderate interest, appli-
cations covering the whole quota quantity should be
allowed.

(5)

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 2006 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

1.
Applications for provisional licences referred to in Article
20(2) of Regulation (EC) No 174/1999 (hereinafter applications)
shall be lodged with the competent authorities from 26 to 30
September 2005 at the latest.

Applications shall be admissible only if they contain all
2.
the information referred to in Article 20(2) of Regulation (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
quotas and shall
indicate the quota concerned, specifying the
identification of the group and of the quota indicated in column
3 of Annex I.

Information referred to in Article 20(2) of Regulation (EC) No
174/1999 shall be presented in accordance with the model set
out in Annex II to this Regulation.

(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 1513/2005 (OJ L 241, 17.9.2005, p. 45).

3.
As regards the quotas identified by 22-Tokyo and 22-
Uruguay in column 3 of Annex I, applications shall cover at
least 10 tonnes and shall not exceed the quantity available
under the quota concerned as set out in column 4 of that
Annex.

L 244/14

EN

Official Journal of the European Union

20.9.2005

As regards the other quotas indicated in column 3 of Annex I,
applications shall cover at least 10 tonnes and no more than
40 % of the quantity available under the quota concerned as set
out in column 4 of that Annex.

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.

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

5.
For the purposes of Article 1(1) of Regulation (EC) No
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 September 2005.

Article 3

1. Member States shall notify the Commission, within five
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
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 (2005);

(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 31 October 2005 at the latest.

Member States shall notify the Commission, within five working
days after publication of the allocation coefficients of provi-
sional licences, for each group and, where applicable, for each
quota, the quantities by applicant, for which provisional licences
have been allocated in accordance to Article 20(4) of Regulation
(EC) No 174/1999.

The notification shall be made by fax on the model form set
out in Annex IV to this Regulation.

Article 5

The information notified under Article 3 of this Regulation and
under Article 20(2) of Regulation (EC) No 174/1999 shall be
verified by the Member States before the full licences are issued
and by 31 December 2005 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

(c)

indication whether
exported
concerned during the previous three years;

applicant

the

products

This Regulation shall enter into force on the day following 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, 19 September 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

20.9.2005

EN

Official Journal of the European Union

L 244/15

ANNEX I

Cheese to be exported to the United States of America in 2006 under certain GATT quotas

(Article 20 of Regulation (EC) No 174/1999 and Regulation (EC) No 1513/2005)

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

Quantity available for
2006

Note to

(1)

16

17

18

20

21

22

Group

(2)

Not specifically provided for (NSPF)

Blue Mould

Cheddar

Edam/Gouda

Italian type

Swiss or Emmenthaler cheese other than with eye
formation

25

Swiss or Emmenthaler cheese with eye formation

(3)

16 — Tokyo

16 — Uruguay

17

18

20

21

22 — Tokyo

22 — Uruguay

25 — Tokyo

25 — Uruguay

Tonnes

(4)

908,877

3 446,000

350,000

1 050,000

1 100,000

2 025,000

393,006

380,000

4 003,172

2 420,000

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Official Journal of the European Union

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