Commission Regulation (EC) No 1938/2005 of  25 November 2005  establishing the allocation of export licences for cheese to be exported to the United States of America in 2006 under certain GATT quotas
Date: 2005-11-25
Institutions: European Commission
Subjects: GATT, United States, cheese, export (EU), export licence, quantitative restriction

L 311/6

EN

Official Journal of the European Union

26.11.2005

COMMISSION REGULATION (EC) No 1938/2005

of 25 November 2005

establishing 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,

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:

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),

Having regard to 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), and in particular Article 20(3) thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 1519/2005 (3) opens
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.

Applications for provisional licences for some quotas and
product groups exceed the quantities available for the
2006 quota year. Allocation coefficients as provided for
in Article 20(3) of Regulation (EC) No 174/1999 should
therefore be fixed.

Given the time limit
procedure, as provided for
1519/2005,
possible,

for the implementation of

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

HAS ADOPTED THIS REGULATION:

Article 1

Applications for provisional export licences lodged pursuant to
the product
Regulation (EC) No 1519/2005 in respect of

(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) OJ L 244, 20.9.2005, p. 13.

— the application of the allocation coefficients laid down in
column 5 of the Annex to this Regulation, when they are
submitted by applicants who provide evidence that they
have exported the products in question to the United
the preceding
States of America during at
three years and whose designated importers are their subsi-
diaries or deemed to be subsidiaries pursuant to the sixth
subparagraph of Article 20(2) of Regulation (EC) No
174/1999;

least one of

— the application of the allocation coefficients laid down in
column 6 of the Annex to this Regulation, when they are
submitted by applicants other than those referred to in the
first indent of this Article who provide evidence that they
have exported the products in question to the United States
of America during each of the preceding three years.

Article 2

Applications for provisional export licences lodged pursuant to
Regulation (EC) No 1519/2005 in respect of
the product
groups and quotas identified by 22-Tokyo and 22-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 7 of the Annex to this Regulation, when they are
submitted by applicants who provide evidence that they
have exported cheese to the United States of America
during at
the preceding three years and
whose designated importers are their subsidiaries;

least one of

— the application of the allocation coefficients laid down in
column 8 of the Annex to this Regulation, when they are
submitted by applicants other than those referred to in the
first indent of this Article who provide evidence that they
have exported cheese to the United States of America during
at least one of the preceding three years.

26.11.2005

EN

Official Journal of the European Union

L 311/7

This Regulation shall enter into force on the day of its publication in the Official Journal of the European
Union.

Article 3

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 25 November 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

L 311/8

EN

Official Journal of the European Union

26.11.2005

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

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

ANNEX

Identification of
group and quota

Quantity
available for
2006
(t)

Allocation coefficient provided for
under Article 1

Allocation coefficient provided for
under Article 2

First indent

Second indent

First indent

Second indent

(3)

(4)

(5)

(6)

(7)

(8)

16-Tokyo

908,877

0,1503295

0,0501098

16-Uruguay

3 446,000

0,1038855

0,0346285

17-Uruguay

350,000

0,0998573

0,0332858

18-Uruguay

1 050,000

0,3946298

0,1315433

20-Uruguay

1 100,000

0,1754386

0,0584795

21-Uruguay

2 025,000

0,1217898

0,0405966

22-Tokyo

393,006

22-Uruguay

380,000

0,4174993

0,1391664

0,4130435

—

25-Tokyo

4 003,172

0,4319087

0,1439696

25-Uruguay

2 420,000

0,3926871

0,1308957