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16.10.2013 Official
Journal
of
the
European
Union
L
275/3
COMMISSION IMPLEMENTING REGULATION (EU) No 990/2013
of 15 October 2013
amending Regulation (EC) No 1187/2009 as regards exports of milk and milk products to the
United States of America and the Dominican Republic
THE EUROPEAN COMMISSION,
procedure to which the exporters are submitted for
participating in the milk powder quota opened by the
Dominican Republic. Whilst the quota has been fully
Having regard to the Treaty on the Functioning of the European
used since its introduction until the quota year
Union,
2010/2011, it appears that as from the quota year
2011/2012 the total quantities applied for are lower
Having regard to Council Regulation (EC) No 1234/2007 of
than the available quota quantity.
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
(4)
With a view to maximising the use of the quota in the
cultural products (Single CMO Regulation) ( 1 ), and in particular
following years, it is necessary to adjust the rules as
Articles 161(3), 170 and 171(1), in conjunction with Article 4
regards eligibility, applicable quantities, periods for
thereof,
submission of licence applications and security.
Whereas:
(5) In
addition,
to
make
the
quota
more
easily
accessible
to
the exporters, the requirements concerning the minimum
(1)
Section 2 of Chapter III of Commission Regulation (EC)
historical trade performance when applying for the quota
No 1187/2009 (
part referred to in Article 28(1)(a) of Regulation (EC) No

2 ) lays down provisions as regards
export licences for cheese to be exported to the United
1187/2009 should be alleviated.
States under certain GATT quotas. Experience with
certain of those quotas has shown that, because of the
(6) In
order
to
maximize
the
use
of
the
quota
and
for
the
continuously evolving market circumstances, in particular
sake of simplification, the maximum quantities for which
high price volatility, increased competition and changes
licence applications can be lodged, as laid down in
in currency conversion rates, which occur in the long
Article 28(2) of Regulation (EC) No 1187/2009, should
time lapse between the period for submission of appli
be increased to the quota quantity levels. The minimum
cations for export licences (‘licence applications’) and the
quantity for which licence applications can be lodged
moment in which exports take place, exporters may not
should be fixed at 20 tonnes.
be able to use their licences and as a result lose the
related securities. In order that exporters are not
discouraged from applying for those quotas for which
(7) The
long
time
lapse
between
the
period
for
submission
the time lapse is set in agreement with the authorities
of licence applications, as laid down in Article 29 of
of the Unites States, it is necessary to reduce the
Regulation (EC) No 1187/2009, and the quota year
applicable rate of the security, starting from the quota
during which exports take place, as well as the high
year 2015.
price volatility in the dairy sector and an increased
competition for milk powders in the Dominican
Republic have enhanced the risk for exporters to
(2) Article
22(3)
of
Regulation
(EC)
No
1187/2009
provides
remain with licences that are not or only partially used,
that for the quotas opened by the Unites States licence
resulting in a loss of the related security. It is therefore
applications are subject to the lodging of a security in
appropriate to defer the submission of licence appli
accordance with Article 9 thereof. Being part of the
cations from April to May and to provide for a second
Chapter on general rules in Regulation (EC) No
allocation period.
1187/2009, Article 9 sets the mechanism for calculating
the security for exports not benefiting from trade pref
erences granted by third countries. Therefore, in view of
(8) Moreover,
a
reduction
of
the
security
referred
to
in
the experience with the preferential quotas opened by the
Article 28(3) would encourage operators not to refrain
United States and to render them more attractive to
from applying for licences and should therefore be
exporters, it is necessary, in addition to reducing the
provided for. It is also necessary to specify that
rate of the security, to specify that Article 9 in its
Article 9 should not apply to the preferential quota
entirety should not apply to those quotas.
opened by the Dominican Republic in order to render
that quota more attractive to exporters.
(3) Section
3
of
Chapter
III
of
Regulation
(EC)
No
1187/2009 provides for the conditions and the
(9) Regulation
(EC)
No
1187/2009
should
therefore
be
amended accordingly.
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) Commission Regulation (EC) No 1187/2009 of 27 November 2009
(10) The
measures
provided
for
in
this
Regulation
are
in
laying down special detailed rules for the application of Council
accordance with the opinion of the Management
Regulation (EC) No 1234/2007 as regards export licences and
export refunds for milk and milk products (OJ L 318, 4.12.2009,
Committee for the Common Organisation of Agricultural
p. 1).
Markets,

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L 275/4
EN
Official Journal of the European Union
16.10.2013
HAS ADOPTED THIS REGULATION:
the 12 last months in trade with third countries in the
milk products listed in Chapter 4 of the Combined
Article 1
Nomenclature.
Amendment of Regulation (EC) No 1187/2009
The proof of trade as referred to in the first subparagraph
Chapter III of Regulation (EC) No 1187/2009 is amended as
shall be furnished in accordance with the second paragraph
follows:
of Article 5 of Regulation (EC) No 1301/2006.
(1) Section 2 is amended as follows:
2. Licence
applications
shall
relate
to
at
least
20
tonnes
and may not cover more, per applicant, than:
(a) In Article 22, paragraph 3 is replaced by the following:
(a) the respective quantities referred to in points (a) and (b)
‘3. The
licence
applications
shall
be
subject
to
the
of the first subparagraph of paragraph 1, as regards the
lodging of a security of EUR 3/100 kg.’
period for submission of licence applications referred to
in the first paragraph of Article 29;
(b) Article 26 is replaced by the following:
(b) the total remaining quantity from both parts of the
‘Article 26
quota referred to in points (a) and (b) of the first
Chapter II, with the exceptions of Articles 7, 9 and 10,
subparagraph of paragraph 1, as regards the period
shall apply.’
for submission of licence applications referred to in
the second paragraph of Article 29.
(2) Section 3 is replaced by the following:
Licence applications for the total remaining quantity as
‘SECTION 3
referred to in point (b) of the first subparagraph, can be
submitted either by exporters referred to in point (a) of the
Exports to the Dominican Republic
first subparagraph of paragraph 1, or by applicants referred
to in point (b) of the first subparagraph of paragraph 1.
Article 27
1. The
presentation
to
the
competent
authorities
of
the
Licence applications for quantities which exceed the ceilings
Dominican Republic of a certified copy of the export licence
provided for in points (a) and (b) of the first subparagraph
issued in accordance with this Section and a duly endorsed
shall be rejected.
copy of the export declaration for each consignment shall
be required for exports to the Dominican Republic of milk
3. To
be
admissible,
only
one
licence
application
per
powder under the quota provided for in Appendix 2 of
period for submission of applications, as referred to in
Annex III to the Economic Partnership Agreement
Article 29, may be submitted per product code in the
between the Cariforum States and the European Union
Combined Nomenclature. Each applicant shall lodge all
and its Member States.
licence applications at the same time with the competent
authority of a single Member State.
2. Applications
for
export
licences
(‘licence
applications’)
can be lodged for all the products falling under CN codes
Licence applications shall be admissible only where appli
0402 10, 0402 21 and 0402 29.
cants, at the time they present their applications:
Products must have been produced entirely within the
(a) lodge a security of EUR 3/100 kg;
Union. At the request of the competent authorities,
applicants shall supply any further substantiation which
(b) for the part referred to in point (a) of the first
the authorities consider necessary for the issuing of
subparagraph of paragraph 1, indicate the quantity of
licences and shall accept, where applicable, any checks by
products referred to in Article 27(2) that they have
those authorities of the bookkeeping and manufacturing
exported to the Dominican Republic during one of
conditions of the products concerned.
the four calendar years prior to the respective period
for submission of licence applications, as referred to
Article 28
in Article 29, and are able to prove this to the satis
faction of the competent authority of the Member State
1. The
quota
referred
to
in
Article
27(1)
shall
be
of
concerned. To this end the operator whose name
22 400 tonnes per 12-month period commencing on 1
appears on the relevant export declaration shall be
July. The quota shall be divided into two parts:
regarded as the exporter;
(a) the first part, equal to 80 % or 17 920 tonnes, shall be
(c) for the part referred to in point (b) of the first
distributed among Union exporters who can prove that
subparagraph of paragraph 1, are able to prove to the
they have exported products referred to in Article 27(2)
satisfaction of the competent authority of the Member
to the Dominican Republic during at least one of the
State concerned that they fulfil the conditions laid down
four calendar years prior to the period for submission of
therein.
licence applications;
Article 29
(b) the second part, equal to 20 % or 4 480 tonnes, shall be
reserved for applicants other than those referred to in
Licence applications shall be lodged from 20 to 30 May
point (a) who can prove, at the time they submit their
each year for exports during the quota year running from
licence application, that they have been engaged during
1 July to 30 June the following year;

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EN
16.10.2013 Official
Journal
of
the
European
Union
L
275/5
If, after the period for submission of licence applications
decision referred to in the third subparagraph. The
referred to in the first paragraph, any quantity remains
security lodged shall be increased accordingly. The
available, licence applications shall be lodged from 1 to
competent authority shall notify the Commission, by 31
10 November each year for exports during the remaining
December at the latest, of the supplementary quantity that
period of the running quota year.
was accepted.
Article 30
4. Before
the
notifications
referred
to
in
paragraph
1
and
Licence applications and licences shall contain:
in the second subparagraph of paragraph 3, Member States
shall verify that the conditions referred to in Article 27(2)
(a) in section 7, the words ‘Dominican Republic — DO’;
and in Article 28 are fulfilled.
(b) in sections 17 and 18, the quantity to which the licence
5.
If the application of the allocation coefficient results in
application or licence relates;
a quantity per applicant of less than 20 tonnes, applicants
may withdraw their licence applications. In such cases, they
(c) in section 20, one of the entries listed in Annex III.
shall notify the competent authority within three working
days following the publication of the Commission’s
Licences issued under this Section shall give rise to an
decisions referred to in paragraph 2 and in the third
obligation to export to the Dominican Republic.
subparagraph of paragraph 3. The security shall be
released immediately. The competent authority shall notify
Article 31
the Commission, within 10 days following the publication
of the decision, of the quantities broken down by product
1. As
regards
the
licence
applications
referred
to
in
the
codes of the Combined Nomenclature, for which licence
first paragraph of Article 29, Member States shall notify, by
applications have been withdrawn and for which the
6 June each year, the Commission, for each of the two parts
security has been released.
of the quota and for each product code of the Combined
Nomenclature, of the quantities covered by licence appli
cations or, where applicable, that no applications have
Article 32
been lodged.
1. Export licences shall be issued by 30 June and by 31
December where applicable after the publication of the
2. The Commission shall decide as quickly as possible to
Commission’s decision referred to in Article 31(2) and in
what extent licences for quantities applied for may be
the third subparagraph of Article 31(3), respectively.
granted and shall fix allocation coefficients for each part
of the quota. The amount resulting from the application
They shall be issued only to operators whose licence appli
of the coefficient shall be rounded down to the nearest
cations were taken into account for the quantities notified
kilogramme.
by Member States in accordance with Article 31(1) and the
second subparagraph of Article 31(3).
3. Where for at least one of the two parts of the quota
the licence applications are submitted for quantities lower
than the quantities referred to in Article 28(1), the
If the information provided by an operator to whom a
Commission shall include in its decision referred to in
licence has been issued is found to be incorrect, the
paragraph 2 the total remaining quantity for which
licence shall be cancelled and the security forfeited.
licence applications can be submitted during the period
referred to in the second paragraph of Article 29.
2. Export
licences
issued
in
accordance
with
this
Section
shall be valid from their actual day of issue within the
As regards the licence applications referred to in the second
meaning of Article 22(2) of Regulation (EC) No 376/2008
paragraph of Article 29, Member States shall notify, by 17
until 30 June of the quota year for which the licence appli
November each year, the Commission, for each product
cation was made.
code of the Combined Nomenclature, of the quantities
covered by licence applications or, where applicable, that
For the purposes of Article 6(2), the export licence shall also
no applications have been lodged.
be valid for any of the products falling under the codes
referred to in the first subparagraph of Article 27(2).
The Commission shall decide as quickly as possible to what
extent licences for quantities applied for may be granted and
shall fix an allocation coefficient. The amount resulting
3. Member
States
shall
notify
the
Commission
by
15
from the application of the coefficient shall be rounded
July, and by 15 January where applicable, of the quantities
down to the nearest kilogramme.
for which licences were issued, broken down by product
code of the Combined Nomenclature.
If the quantities applied for in accordance with the first
subparagraph do not reach the total remaining quantity,
4. The
security
shall
be
released
only
in
one
of
the
the Commission shall allocate, pursuant to the decision
following cases:
referred in the third subparagraph the remaining quantity
in proportion to the quantities applied for.
(a) on presentation of the proof referred to in Article 32(2)
of Regulation (EC) No 376/2008 together with the
The applicants shall inform the competent authority
transport document referred to in Article 17(3) of Regu
whether they accept the supplementary quantity, within
lation (EC) No 612/2009 mentioning as destination the
one week from the day of publication of Commission’s
Dominican Republic;

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L 275/6
EN
Official Journal of the European Union
16.10.2013
(b) in respect of the quantities covered by applications for
2. The
notifications
to
the
Commission
referred
to
in
this
which no licence could be issued.
Chapter shall be made in accordance with Commission
Regulation (EC) No 792/2009 (*).
The security relating to the quantity not exported shall be
___________
forfeited.
(*) OJ L 228, 1.9.2009, p. 3.’
5. By way of derogation from Article 8 of Regulation
Article 2
(EC) No 376/2008, licences shall not be transferable.
Transitional measures
As regards the exports to the Dominican Republic for the quota
year 2013/2014, the total remaining quantity as referred to in
6. By 31 August each year at the latest, Member States
point (b) of the first subparagraph of Article 28(2) of Regulation
shall notify the Commission for both parts of the quota
(EC) No 1187/2009 as amended by point (2) of Article 1 of
referred to in Article 28(1), and in respect to the previous
this Regulation is 9 018 tonnes.
12-month period as referred to in Article 28(1), broken
down by product code of the Combined Nomenclature:
Applications for export licences relating to the quantity referred
to in the first paragraph of this Article may be lodged from 1 to
10 November 2013 in accordance with Section 3 of Chapter III
(a) the quantity for which licences were not issued or
of Regulation (EC) No 1187/2009 as amended by point (2) of
cancelled,
Article 1 of this Regulation.
Article 3
(b) the quantity exported.
Entry into force and application
This Regulation shall enter into force on the third day following
that of its publication in the Official Journal of the European
Article 33
Union.
1. Chapter
II
shall
apply,
with
the
exception
of
Articles
7, 9 and 10.
Point (1) of Article 1 shall apply as from the quota year 2015.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 October 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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