Commission Regulation (EC) No 1285/2006 of 29 August 2006 opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2007 under certain GATT quotas
Date: 2006-08-29
Institutions: European Commission
Subjects: GATT, United States, blue-veined cheese, cheese, export, export licence, hard cheese, quantitative restriction

L 235/8

EN

Official Journal of the European Union

30.8.2006

COMMISSION REGULATION (EC) No 1285/2006

of 29 August 2006

opening the procedure for the allocation of export licences for cheese to be exported to the United
States of America in 2007 under certain GATT quotas

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Article 1

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)

Section 2 of Chapter III of Commission Regulation (EC)
No 1282/2006 of 17 August 2006 laying down special
detailed rules for the application of Council Regulation
(EC) No 1255/1999 as regards export
licences and
export refunds for milk and milk products (2), provides
that export licences for cheese exported to the United
States of America as part of
the
agreements concluded during multilateral
trade nego-
tiations, may be allocated in accordance with a special
procedure provided for therein.

the quotas under

That procedure should be opened for exports during
2007 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
Harmonised Tariff Schedule of
the United States of
America.

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 2007 under the quotas referred to in
Article 23 of Regulation (EC) No 1282/2006 shall be issued
in accordance with Section 2 of Chapter III of that Regulation
and with the provisions of this Regulation.

Article 2

1.
Applications for licences referred to in Article 24 of Regu-
lation (EC) No 1282/2006 (hereinafter referred to as appli-
cations) shall be lodged with the competent authorities from
1 to 7 September 2006 at the latest.

2.
Applications shall be admissible only if they contain all
the information referred to in Article 24 of Regulation (EC) No
1282/2006 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 that Annex.

Information referred to in Article 24 of Regulation (EC) No
1282/2006 shall be presented in accordance with the model
set out in Annex II to this Regulation.

(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)

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

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2) OJ L 234, 29.8.2006, p. 4.

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.

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.

30.8.2006

EN

Official Journal of the European Union

L 235/9

Applications shall be admissible only if applicants declare
4.
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.

(d) the name and address of the importer designated by the
is a

the importer

applicant and the confirmation that
subsidiary of the applicant.

Article 4

The Commission shall, pursuant to Article 25 of Regulation
(EC) No 1282/2006, determine the allocation of
licences
without delay and shall notify the Member States thereof by
31 October 2006 at the latest.

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.

Member States shall notify the Commission, within five working
days after publication of the allocation coefficients, for each
the quantities
group and, where applicable,
allocated by applicant, in accordance to Article 25 of Regulation
(EC) No 1282/2006.

for each quota,

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

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

Notification shall comprise for each group and, where

2.
applicable, for each quota:

(a) a list of applicants;

Article 5

The information notified under Article 3 of this Regulation and
under Article 24 of Regulation (EC) No 1282/2006 shall be
verified by the Member States before the licences are issued
and by 15 December 2006 at the latest.

(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 (2006);

Where it is found that incorrect information has been supplied
by an operator to whom a licence has been issued, the licence
shall be cancelled and the security forfeited. The Member States
shall communicate it to the Commission without any delay.

(c) indication that

exported the products
concerned to the United States of America in at least one
of the preceding three years;

applicant has

Article 6

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, 29 August 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

L 235/10

EN

Official Journal of the European Union

30.8.2006

ANNEX I

Cheese to be exported to the United States of America in 2007 under certain GATT quotas

Section 2 of Chapter III of Regulation (EC) No 1282/2006 and Regulation (EC) No 1285/2006

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

Identification of group and quota

Quantity available for
2007

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

30.8.2006

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Official Journal of the European Union

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