Commission Regulation (EC) No 1022/2007 of 31 August 2007 opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2008 under certain GATT quotas, and derogating from Regulation (EC) No 1282/2006 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
Date: 2007-08-31
Institutions: European Commission
Subjects: GATT, United States, cheese, export licence, export refund, tariff quota

L 230/6

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Official Journal of the European Union

1.9.2007

COMMISSION REGULATION (EC) No 1022/2007

of 31 August 2007

opening the procedure for the allocation of export licences for cheese to be exported to the United
States of America in 2008 under certain GATT quotas, and derogating from Regulation (EC) No
1282/2006 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

(1)

(2)

(3)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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(1)
thereof,

Whereas:

that export

Section 2 of Chapter III of Commission Regulation (EC)
No 1282/2006 (2) provides
for
cheese exported to the United States of America as
part of
the agreements concluded
during multilateral trade negotiations may be allocated
according to a special procedure by which preferred
importers in the USA may be designated.

the quotas under

licences

transitional measures should be introduced for the 2008
quota year to requests for export licences lodged in those
Member States.

(6)

(7)

The transitional arrangement shall apply to the historic
export criterion and the subsidiaries criterion.

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 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 2008 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

That procedure should be opened for exports during
2008 and the additional rules relating to it should be
determined.

1.
Applications for licences referred to in Article 24 of
Regulation (EC) No 1282/2006 (hereinafter referred to as ‘appli-
cations’) shall be lodged with the competent authorities from
10 to 14 September 2007 at the latest.

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.

(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 allow operators in Bulgaria and Romania
to the system applied in the Community,
to adapt

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by
Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

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

last amended by

Regulation (EC) No 532/2007 (OJ L 125, 15.5.2007, p. 7).

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

accompanied by

are

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
those
licence applications may cover only one of
quota,
quotas and shall
indicate the quota concerned, specifying the
identification of the group and of the quota indicated in column
3 of that Annex.

Information referred 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.

As

regards

the quotas

3.
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.

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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.

Article 3

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

for each quota,

The notification shall be made by fax or e-mail 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 24 of Regulation (EC) No 1282/2006 shall be
verified by the Member States before the licences are issued
and by 15 December 2007 at the latest.

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.

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.

All notifications, including ‘nil’ notifications, shall be made by
fax or e-mail 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 Harmonised Tariff
Schedule of the United States of America (2007);

(c)

the name and address of the importer designated by 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 2007 at the latest.

Article 6

By way of derogation from Article 24(3) of Regulation (EC)
No 1282/2006, for the 2008 quota year, applicants established
in Romania and Bulgaria and applying in their Member State of
establishment, may also apply if they:

(a) submit to the competent authority of the Member State in
which the application is lodged documentary evidence that
they have been established for at
three years in
Bulgaria and Romania and have exported products of CN
code 0406 to the United States of America in at least one
of the three calendar years prior to lodging the application;

least

(b) give to the competent authority of the Member State in
which the application is lodged a written undertaking to
initiate the procedure to establish a subsidiary in the
United States of America.

Article 7

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, 31 August 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

Cheese to be exported to the United States of America in 2008 under certain GATT quotas

Section 2 of Chapter III of Regulation (EC) No 1282/2006 and Regulation (EC) No 1022/2007

Note to

(1)

16

17

18

20

21

22

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

Group

(2)

Identification of group
and quota

Quantity available
for 2008

(3)

Tonnes

(4)

Not specifically provided for (NSPF)

16-Tokyo

908,877

16-Uruguay

3 446,000

Blue Mould

Cheddar

Edam/Gouda

Italian type

17

18

20

21

Swiss or Emmenthaler cheese other than with eye formation

22-Tokyo

22-Uruguay

350,000

1 050,000

1 100,000

2 025,000

393,006

380,000

25

Swiss or Emmenthaler cheese with eye formation

25-Tokyo

4 003,172

25-Uruguay

2 420,000

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ANNEX II

Presentation of information required pursuant to Article 24 of Regulation (EC) No 1282/2006

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Official Journal of the European Union

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Presentation of information required pursuant to Article 3 of Regulation (EC) No 1282/2006

To be sent to + 32 2 295 3310 or AGRI-MILK-USA@ec.europa.eu

ANNEX III

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Official Journal of the European Union

L 230/11

Presentation of granted licences in accordance to Article 25 of Regulation (EC) No 1282/2006

To be sent to + 32 2 295 3310 or AGRI-MILK-USA@ec.europa.eu

ANNEX IV