12.10.2011 EN Official Journal of the European Union L 267/11
COMMISSION IMPLEMENTING REGULATION (EU) No 1005/2011
of 11 October 2011
establishing the allocation coefficient to be applied to applications for export licences for cheese to be exported to the United States of America in 2012 under certain GATT quotas
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
Having regard to Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (2), and in particular the first subparagraphs of Article 23(1) and (3) thereof,
Whereas:
(1) Commission Implementing Regulation (EU) No 789/2011 (3) opens the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2012 under the GATT quotas listed in Article 21 of Regulation (EC) No 1187/2009.
(2) The export licence applications for certain quotas and product groups exceed the quantities available for the 2012 quota year. Allocation coefficients should therefore be established.
(3) In the case of product groups and quotas for which the applications lodged are for quantities smaller than those available, it is appropriate to provide for the allocation of the remaining quantities to the applicants in proportion to the quantities applied for. The allocation of such further quantities should be conditional upon the competent authority being notified of the quantities accepted by the operator concerned and upon the interested operators lodging a security.
(4) Given the time limit for implementing the procedure for determining those coefficients, as provided for in Article 4 of Implementing Regulation (EU) No 789/2011, this Regulation should apply as soon as possible,
Applications for export licences lodged under Implementing Regulation (EU) No 789/2011 in respect of the product groups and quotas identified by 16-Tokyo, 16-, 17-, 18-, 20- and 21-Uruguay, and 22-Tokyo in column 3 of the Annex to this Regulation shall be accepted, subject to the application of the allocation coefficients laid down in column 5 of that Annex.
Applications for export licences lodged under Implementing Regulation (EU) No 789/2011 in respect of the product groups and quotas identified by 25-Tokyo, 22- and 25-Uruguay in column 3 of the Annex to this Regulation shall be accepted for the quantities requested.
Export licences may be issued for further quantities distributed in accordance with the allocation coefficients in column 6 of the Annex, after acceptance by the operator within one week of publication of this Regulation and subject to the lodging of the security applicable.
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.