Commission Implementing Regulation (EU) No 789/2011
of 5 August 2011
opening the procedure for the allocation of 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,
Whereas:
That procedure should be opened for exports during 2012 and the additional rules relating to it should be determined.
In administering imports the competent authorities in the USA make a distinction between the additional quota granted to the European Union under the Uruguay Round and the quotas resulting from the Tokyo Round. Export licences should be allocated taking into account the eligibility of those products for the USA quota in question as described in the Harmonised Tariff Schedule of the United States of America.
With a view to exporting the maximum quantity under the quotas for which there is moderate interest, applications covering the whole quota quantity should be allowed.
For reasons of legal certainty and clarity, it should be laid down that the measures provided for in this Regulation cease to apply at the end of 2012.
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 2012 under the quotas referred to in Article 21 of Regulation (EC) No 1187/2009 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 22 of Regulation (EC) No 1187/2009 (hereinafter referred to as ‘applications’) shall be lodged with the competent authorities from 1 to 9 September 2011 at the latest.
2.
Applications shall be admissible only if they contain all the information referred to in Article 22 of Regulation (EC) No 1187/2009 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, licence applications may cover only one of those 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 to in Article 22 of Regulation (EC) No 1187/2009 shall be presented in accordance with the model set out in Annex II to this Regulation.
3.
As regards the quotas identified by 22-Tokyo, 22-Uruguay, 25-Tokyo and 25-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.
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
1.
Member States shall notify the Commission, by 16 September at the latest, 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 in accordance with Regulation (EC) No 792/2009.
2.
Notification shall comprise for each group and, where applicable, for each quota:
(a)
a list of applicants, their name, address and reference (number);
(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 (2011);
(c)
the name, address and reference (number) of the importer designated by the applicant.
Article 4
The Commission shall, pursuant to Article 23(1) of Regulation (EC) No 1187/2009, determine the allocation of licences without delay and shall notify the Member States thereof by 31 October 2011 at the latest.
Member States shall notify the Commission, within five working days after publication of the allocation coefficients, for each group and, where applicable, for each quota, the quantities allocated by applicant, the product code, the applicant reference (number) and the designated importer reference (number) in accordance with Article 23(2) of Regulation (EC) No 1187/2009.
Quantities allocated by drawing lots in accordance with Article 23(2) of Regulation (EC) No 1187/2009 shall be distributed among the individual CN codes in proportion to the quantities of product by CN code applied for.
The notification shall be made in accordance with Regulation (EC) No 792/2009.
Article 5
The information notified under Article 3 of this Regulation and under Article 22 of Regulation (EC) No 1187/2009 shall be verified by the Member States before the licences are issued and by 15 December 2011 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 notify the Commission without any delay. The notification shall be made in accordance with Regulation (EC) No 792/2009 and shall comprise for each group and, where applicable, for each quota:
- (a)
the applicant reference (number);
- (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 (2011);
- (c)
the designated importer reference (number).
Article 6
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall expire on 31 December 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 August 2011.
For the Commission
The President
José Manuel Barroso
ANNEX I
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 2012 | |
|---|---|---|---|
Note to | Group | Kg | |
(1) | (2) | (3) | (4) |
16 | Not specifically provided for (NSPF) | 16-Tokyo | 908 877 |
16-Uruguay | 3 446 000 | ||
17 | Blue Mould | 17-Uruguay | 350 000 |
18 | Cheddar | 18-Uruguay | 1 050 000 |
20 | Edam/Gouda | 20-Uruguay | 1 100 000 |
21 | Italian type | 21-Uruguay | 2 025 000 |
22 | Swiss or Emmenthaler cheese other than with eye formation | 22-Tokyo | 393 006 |
22-Uruguay | 380 000 | ||
25 | Swiss or Emmenthaler cheese with eye formation | 25-Tokyo | 4 003 172 |
25-Uruguay | 2 420 000 | ||
ANNEX IIPresentation of information required pursuant to Article 22 of Regulation (EC) No 1187/2009
Identification of group and quota referred to in column 3 of Annex I to Regulation (EU) No 789/2011: |
Name of group indicated in column 2 of Annex I to Regulation (EU) No 789/2011:…
…
Origin of quota: | Uruguay Round: | Tokyo Round: |
Name/address of applicant | Product code of the Combined Nomenclature | Quantity applied for in kg | Harmonised TariffSchedule of the USA code | Name/address of designated importer |
|---|---|---|---|---|
Total: |