Commission Regulation (EC) No 850/2008 of 28 August 2008 opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2009 under certain GATT quotas
Date: 2008-08-28
Institutions: European Commission
Subjects: GATT, United States, cheese, export licence, quantitative restriction, tariff quota

L 231/12

EN

Official Journal of the European Union

29.8.2008

COMMISSION REGULATION (EC) No 850/2008

of 28 August 2008

opening the procedure for the allocation of export licences for cheese to be exported to the United
States of America in 2009 under certain GATT quotas

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 171(1) thereof, in conjunction with Article 4,

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
the
States of America as part of
trade nego­
agreements concluded during multilateral
tiations may be
special
procedure by which preferred importers in the USA
may be designated.

allocated according to a

the quotas under

procedure

That
during 2009 and the additional
should be determined.

should

be

opened

for
exports
rules relating to it

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.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

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 2009 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
Regulation (EC) No 1282/2006 (hereinafter referred to as appli­
cations) shall be lodged with the competent authorities from 1
to 10 September 2008 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
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
quota,
those
licence applications may cover only one of
indicate the quota concerned, specifying the
quotas and shall
identification of
the quota indicated in
the group and of
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.

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by
Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008,
p. 61).

(2) OJ L 234, 29.8.2006, p. 4. Regulation as last amended by Regu­

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

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.

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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.

(c)

the name and address of the importer designated by the
applicant.

Article 4

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.

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 2008 at the latest.

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

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 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;

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 2008 at the latest.

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.

(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 (2008);

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, 28 August 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Official Journal of the European Union

29.8.2008

ANNEX I

Cheese to be exported to the United States of America in 2009 under certain GATT quotas

Section 2 of Chapter III of Regulation (EC) No 1282/2006 and Regulation (EC) No 850/2008

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 2009

Note to

(1)

16

17

18

20

21

22

Group

(2)

(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

ANNEX II

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

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ANNEX III

Presentation of information required pursuant to Article 3 of the Regulation (EC) No 850/2008

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

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Official Journal of the European Union

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ANNEX IV

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

To be sent to + 32 2 295 33 10 or AGRI-MILK-USA@ec.europa.eu