HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 159/26
EN
Official Journal of the European Union
20.6.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 521/2012
of 19 June 2012
amending Regulation (EC) No 1187/2009 as regards export licences for cheese to be exported to the
United States of America under certain GATT quotas
THE EUROPEAN COMMISSION,
(1) in Chapter III, Section 2 is replaced by the following:
Having regard to the Treaty on the Functioning of the European
Union,
‘SECTION 2
Exports to the United States
Having regard to Council Regulation (EC) No 1234/2007 of
Article 21
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
Products falling within CN code 0406 shall be subject to
cultural products (Single CMO Regulation) ( 1 ), and in particular
presentation of an export licence in accordance with this
Article 170 and Article 171(1), in conjunction with Article 4
Section when they are exported to the United States under
thereof,
following quotas:
Whereas:
(a) the additional quota under the Agriculture Agreement;
(1)
Section 2 of Chapter III of Commission Regulation (EC)
No 1187/2009 of 27 November 2009 laying down
(b) the tariff quotas originally resulting from the Tokyo
special detailed rules for the application of Council Regu
Round and granted to Austria, Finland and Sweden by
lation (EC) No 1234/2007 as regards export licences and
the United States in Uruguay Round list XX;
export refunds for milk and milk products ( 2 ) contains
the conditions for the applicants to apply for export
licences and the procedure of allocation of those
(c) the tariff quotas originally resulting from the Uruguay
licences for exports under the quota to the United States.
Round and granted to the Czech Republic, Hungary,
Poland and Slovakia by the United States in Uruguay
(2) In
accordance
with
Article
21
of
Regulation
(EC)
No
Round list XX.
1187/2009, Commission Implementing Regulation (EU)
No 789/2011 of 5 August 2011 opening the procedure
for the allocation of export licences for cheese to be
Article 22
exported to the United States of America in 2012
1. Applications
for
licences
shall
be
lodged
with
the
under certain GATT quotas ( 3 ), was adopted for 2012
competent authorities from 1 to 10 September of the
quota year.
year preceding the quota year for which export licences
are allocated. All applications shall be lodged at the same
(3) For
sake
of
administrative
simplification,
it
is
appropriate
time with the competent authority of a single Member State.
to integrate into Section 2 of Chapter III of Regulation
(EC) No 1187/2009 a permanent mechanism as regards
the opening of a yearly procedure for the allocation of
The quotas referred to in Article 21 are opened on an
export licences, instead of adopting a separate Regulation
annual basis for the period from 1 January to 31 December.
each year.
(4) Regulation
(EC)
No
1187/2009
should
therefore
be
Section 16 of licence applications and licences shall show
amended accordingly.
the eight-digit product code of the Combined Nomen
clature. However, the licences shall also be valid for any
other code falling under CN code 0406.
(5) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Management
Committee for the Common Organisation of Agricultural
The licence application and licence shall contain in Section
Markets,
20 the following entry:
HAS ADOPTED THIS REGULATION:
“For export to the United States of America:
Article 1
Regulation (EC) No 1187/2009 is amended as follows:
Quota for … (year) — Section 2 of Chapter III of Regu
lation (EC) No 1187/2009.
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 318, 4.12.2009, p. 1.
( 3 ) OJ L 203, 6.8.2011, p. 26.
Quota identification: .......................................................................”

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EN
20.6.2012 Official
Journal
of
the
European
Union L
159/27
2. For
each
quota
identified
in
column
(3)
of
Annex
IIa,
available under the quota concerned as set out in column
each applicant may lodge one or more licence applications
(4) of that Annex.
provided that the total quantity applied for per quota does
not exceed the maximum quantity limits fixed in
As regards the other quotas identified in column (3) of
Article 22a.
Annex IIa, the total quantity applied for per applicant per
quota shall cover at least 10 tonnes and no more than 40 %
For this purpose, where, for the same group of products
of the quantity available under the quota concerned as set
referred to in column (2) of Annex IIa the available quantity
out in column (4) of that Annex.
in column (4) is divided between the Uruguay Round quota
and the Tokyo Round quota, both quotas have to be
Article 22b
considered as two separate quotas.
1. By
18
September,
Member
States
shall
notify
the
Commission of the applications lodged for each of the
3. The
applications
are
subject
to
the
lodging
of
a
quotas identified in Annex IIa, or that no applications
security in accordance with Article 9.
have been lodged.
4. Applicants
for
export
licences
shall
provide
evidence
2. For
each
quota,
the
notification
shall
comprise:
that they have exported the products of the quota in
question to the United States in at least one of the
preceding three calendar years and that their designated
(a) a list of applicants, their name, address and reference
importer is a subsidiary of the applicant.
number;
The proof of trade as referred to in the first subparagraph
(b) the quantities applied for by each applicant broken
shall be furnished in accordance with the second paragraph
down by the product code of the Combined Nomen
of Article 5 of Commission Regulation (EC) No
clature and by their code in accordance with the
1301/2006 (*).
Harmonised Tariff Schedule of the United States of
America;
5. Applicants for export licences shall indicate in the
applications:
(c) the name, address and reference number of the importer
designated by the applicant.
(a) the designation of the product group covered by the
United States quota in accordance with Additional
Article 23
Notes 16 to 23 and 25 in Chapter 4 of the Harmonized
1. Where applications for export licences for a quota
Tariff Schedule of the United States;
referred to in Article 21 exceed the quantity available for
the year concerned, the Commission shall fix an allocation
(b) the product names in accordance with the Harmonized
coefficient by 31 October.
Tariff Schedule of the United States;
The amount resulting from the application of the coefficient
(c) the name and address of the importer in the United
shall be rounded down to the nearest kg.
States designated by the applicant.
Securities shall be released in whole or in part for rejected
applications or for quantities in excess of those allocated.
6. Applications
for
export
licences
shall
be
accompanied
by a declaration from the designated importer stating that
he is eligible under the rules in force in the United States on
2. Where the result of applying the allocation coefficient
the issue of import licences for the products referred to in
would be to allocate quantities for less than 10 tonnes per
Article 21.
quota per applicant, the corresponding quantities available
shall be awarded by the Member State concerned by
drawing lots by quota. The Member State shall draw lots
7. Applications
shall
be
admissible
only
if
they
respect
for 10 tonnes each amongst the applicants who would have
the maximum quantity limits, contain all the information
been allocated less than 10 tonnes per quota as a result of
and are accompanied by the documents referred to in this
applying the allocation coefficient.
Article.
Quantities of less than 10 tonnes remaining when estab
8. Information
referred
to
in
this
Article
shall
be
lishing the lots shall be equally distributed over the 10
presented in accordance with the model set out in Annex
tonnes lots before the lots are drawn.
IIb.
Where the result of applying the allocation coefficient
Article 22a
would be to leave a quantity of less than 10 tonnes per
As regards the quotas identified as 22-Tokyo, 22-Uruguay,
quota, that quantity shall be considered as a single lot.
25-Tokyo and 25-Uruguay in column (3) of Annex IIa, the
total quantity applied for per applicant per quota shall cover
The security for applications which are not successful in the
at least 10 tonnes and shall not exceed the quantity
allocation by drawing lots shall be released immediately.

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L 159/28
EN
Official Journal of the European Union
20.6.2012
3. Member
States
concerned
by
drawing
lots
shall
notify
Article 25
the Commission, within five working days after publication
of the allocation coefficients, for each quota, of the quan
1. Export
licences
shall
be
issued
by
15
December
of
the
tities allocated by applicant, the product code, the applicant
year preceding the quota year for the quantities for which
reference number and the designated importer reference
the licences are allocated.
number.
The licences shall be valid from 1 January to 31 December
Quantities allocated by drawing lots shall be distributed
of the quota year.
among the individual CN codes in proportion to the quan
tities of product by CN code applied for.
Section 20 of the licences shall contain the following entry:
4. Where applications for export licences for quotas
“valid from 1 January to 31 December ..................... (year).”
referred to in Article 21 not exceed the quantity available
for the year concerned, the Commission shall allocate the
remaining quantities to applicants in proportion to the
2. Securities
for
export
licences
shall
be
released
on
pres
quantities applied for, by fixing an allocation coefficient.
entation of the proof referred to in Article 32(2) of Regu
The amount resulting from the application of the coefficient
lation (EC) No 376/2008 together with the transport
shall be rounded down to the nearest kg.
document referred to in Article 17(3) of Regulation (EC)
No 612/2009 mentioning as destination the United States.
In that case, the operators shall inform the competent
authority of the Member States concerned of the supple
3. Licences
issued
under
this
Article
shall
be
valid
only
mentary quantity they accept, within a week from the
for the exports of products under quotas referred to in
publication of the allocation coefficient. The security
Article 21.
lodged shall be increased accordingly.
Article 26
Article 24
Chapter II, with the exception of Articles 7 and 10, shall
1. The
names
of
the
designated
importers
referred
to
in
apply.
Article 22(5)(c) and the quantities allocated shall be
communicated by the Commission to the competent auth
___________
orities of the United States.
(*) OJ L 238, 1.9.2006, p. 13.’;
2. In
case
an
import
licence
for
the
quantities
concerned
is not allocated to the designated importer, in circumstances
which do not cast doubt on the good faith of the operator
(2) Annexes IIa and IIb, the text of which is set out in the
submitting the declaration referred to in Article 22(6), the
Annex to this Regulation, are inserted.
operator may be authorised by the Member State to
designate another importer, provided that the latter
Article 2
appears on the list communicated to the competent auth
orities of the United States in accordance with paragraph 1
This Regulation shall enter into force on the third day following
of this Article.
that of its publication in the Official Journal of the European
Union.
3. The
Member
State
shall
notify
the
Commission
as
soon as possible of the change of the designated importer
It shall apply to export licences applied for as from
and the Commission shall notify the change to the
1 September 2012 for products to be exported in the 2013
competent authorities of the United States.
quota year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 June 2012.
For the Commission
The President
José Manuel BARROSO

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EN
20.6.2012 Official
Journal
of
the
European
Union L
159/29
ANNEX
‘ANNEX IIa
Identification of group in accordance with Additional Notes in Chapter 4 of the
Harmonized Tariff Schedule of the United States
Annual quantity
Quota identification
available
Group
(kg)
number
Group description
(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

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L 159/30
EN
Official Journal of the European Union
20.6.2012
ANNEX IIb
Presentation of information required pursuant to Article 22
Identification of quota referred to in column (3) of Annex IIa ............................................................................................................
Name of group referred to in column (2) of Annex IIa
Origin of quota: Uruguay
Round
Tokyo Round
Name/address of applicant
Product code of the
Quantity applied for
Harmonized Tariff
Name/address of
Combined Nomenclature
in kg
Schedule of the USA code
designated importer’
Total:

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Document Outline

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