1.An export licence shall be required for exports of cheese to Canada under the quota referred to in the Agreement concluded between the European Community and Canada approved by Decision 95/591/EC.
2.Licence applications shall be admissible only where applicants:
(a)declare in writing that all material falling within Chapter 4 of the Combined Nomenclature and used in the manufacture of products covered by their application has been produced entirely within the Community;
(b)undertake in writing to provide, at the request of the competent authorities, any further substantiation which the latter consider necessary for the issuing of licences and to accept, where applicable, any checks by those authorities on the bookkeeping and manufacturing conditions of the products concerned.
Licence applications and licences shall show:
in section 7, the words ‘CANADA — CA’;
in section 15, the six-digit description of the goods in accordance with the Combined Nomenclature for products falling within CN codes 0406 10, 0406 20, 0406 30 and 0406 40 and the eight-digit description for products falling within CN code 0406 90. Section 15 of applications and licences may contain no more than six products thus described;
in section 16, the eight-figure CN code and the quantity in kilograms for each of the products referred to in section 15. The licence shall be valid only for the products and quantities so designated;
in sections 17 and 18, the total quantity of products referred to in section 16;
in section 20, one of the following entries, as appropriate:
‘Cheeses for direct export to Canada. Article 16 of Regulation (EC) No 1187/2009 Quota for … (year)’,
‘Cheeses for export directly/via New York to Canada. Article 16 of Regulation (EC) No 1187/2009 Quota for … (year)’.
Where cheese is transported to Canada via third countries, such countries must be indicated instead of, or with, a reference to New York;
in section 22, the words ‘without export refund’.
1.Licences shall be issued immediately after admissible applications are submitted. At the request of applicants, a certified copy of the licence shall be issued.
2.Licences shall be valid from their date of issue within the meaning of Article 22(1) of Regulation (EC) No 376/2008 until 31 December following that date.
However, licences issued from 20 December to 31 December shall be valid from l January until 31 December of the following year. In that case that following year must be indicated in section 20 of licence applications and licences in accordance with Article 17(e) of this Regulation.
1.Export licences presented to the competent authority for attribution and endorsement in accordance with Article 23 of Regulation (EC) No 376/2008 may be used for one export declaration only. Licences shall be exhausted once the export declaration has been presented.
2.Export licences holders shall ensure that a certified copy of the export licence is presented to the competent Canadian authority when the import licence is applied for.
3.By way of derogation from Article 8 of Regulation (EC) No 376/2008, licences shall not be transferable.
Chapter II shall not apply.
It may be decided in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007 to export products falling within CN code 0406 to the United States as part of the following quotas:
the additional quota under the Agriculture Agreement;
the tariff quotas originally resulting from the Tokyo Round and granted to Austria, Finland and Sweden by the United States in Uruguay Round list XX;
the tariff quotas originally resulting from the Uruguay Round and granted to the Czech Republic, Hungary, Poland and Slovakia by the United States in Uruguay Round list XX.
1.Exports of cheese to the United States under the quotas referred to in Article 21 shall be subject to presentation of an export licence in accordance with this Section.
Section 16 of licence applications and licences shall show the eight-digit product code of the Combined Nomenclature. However, the licences shall also be valid for any other code falling under CN code 0406.
2.Operators may apply, within a period to be determined in the decision referred to in Article 21, for an export licence for the export of the products referred to in that Article during the following calendar year, subject to the lodging of a security in accordance with Article 9.
3.Applicants for export licences in respect of the product groups and quotas identified by 16-, 22-Tokyo, 16-, 17-, 18-, 20- and 21-, 22-Uruguay, 25-Tokyo and 25-Uruguay in the decision referred to in Article 21 shall provide evidence that they have exported the products of the quota in question to the United States in at least one of the preceding three years and that their designated importer is a subsidiary of the applicant.
The proof of trade as referred to in the first subparagraph shall be furnished in accordance with the second paragraph of Article 5 of Commission Regulation (EC) No 1301/2006(1).
4.Applicants for export licences shall indicate in the applications:
(a)the designation of the product group covered by the United States quota in accordance with Additional Notes 16 to 23 and 25 in Chapter 4 of the Harmonized Tariff Schedule of the United States;
(b)the product names in accordance with the Harmonized Tariff Schedule of the United States;
(c)the name and address of the importer in the United States designated by the applicant.
5.Applications for export licences shall be accompanied by a certificate from the designated importer stating that he is eligible under the rules in force in the United States on the issue of import licences for the products referred to in Article 21.
1.Where applications for export licences for a product group or a quota referred to in Article 21 exceed the available quantity for the year in question, the Commission shall apply a uniform allocation coefficient to the quantities for which application is made.
The amount resulting from the application of the coefficient shall be rounded down to the nearest kg.
Securities shall be released in whole or in part for rejected applications or for quantities in excess of those allocated.
2.Where the result of applying the allocation coefficient would be to allocate licences for less than 10 tonnes per application, the corresponding quantities available shall be awarded by the Member State concerned drawing lots by quota. The Member State shall draw lots for licences of 10 tonnes each amongst the applicants who would have been allocated less than 10 tonnes as a result of applying the allocation coefficient.
Quantities of less than 10 tonnes remaining when establishing the lots shall be equally distributed over the 10-tonne lots before the lots are drawn.
Where the result of applying the allocation coefficient would be to leave a quantity of less than 10 tonnes, that quantity shall be considered a single lot.
The security for applications which are not successful in the allocation by drawing lots shall be released immediately.
3.Where applications for licences are submitted for quantities of product not exceeding the quotas referred to in Article 21 for the year concerned, the Commission may allocate the remaining quantities to applicants in proportion to the quantities applied for, by application of an allocation coefficient.
In that case, the operators shall inform the competent authority of the supplementary quantity they accept, within a week from the publication of the adjusted allocation coefficient and the security lodged shall be increased accordingly.
1.The names of the designated importers referred to in Article 22(4)(c) shall be communicated by the Commission to the competent United States authorities.
2.In the case where 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 submitting the certificate referred to in Article 22(5), the operator may be authorised by the Member State to designate another importer provided that the latter appears on the list communicated to the competent authorities of the United States in accordance with paragraph 1 of this Article.
The Member State shall inform the Commission as soon as possible of the change of designated importer and the Commission shall notify the change to the competent authorities of the United States.
Export licences shall be issued by 15 December of the year preceding the quota year for the quantities for which the licences are allocated.
The licences shall be valid from 1 January to 31 December of the quota year.
The following words shall be entered in section 20 of the licence application and licence:
‘For export to the United States of America: Quota for … (year) — Chapter III, Section 2 of Regulation (EC) No 1187/2009’
Licences issued under this Article shall be valid only for the exports referred to in Article 21.
Securities for export licences shall be released on presentation of the proof referred to in Article 32(2) of Regulation (EC) No 376/2008 together with the transport document referred to in Article 17(3) of Regulation (EC) No 612/2009 mentioning as destination the United States.
Chapter II, with the exception of Articles 7 and 10, shall apply.
1.The presentation to the competent authorities of the Dominican Republic of a certified copy of the export licence issued in accordance with this Section and a duly endorsed copy of the export declaration for each consignment shall be required for exports to the Dominican Republic of milk powder under the quota provided for in Appendix 2 of Annex III to the Economic Partnership Agreement between the Cariforum States and the European Community and its Member States.
2.When export licences are issued, priority shall be given to milk powder falling within the following product codes from the nomenclature for refunds:
0402 10 11 9000,
0402 10 19 9000,
0402 21 11 9900,
0402 21 19 9900,
0402 21 91 9200,
0402 21 99 9200.
Products must have been produced entirely within the Community. At the request of the competent authorities, applicants shall supply any further substantiation which the authorities consider necessary for the issuing of licences and shall accept, where applicable, any checks by those authorities of the bookkeeping and manufacturing conditions of the products concerned.
1.The quota referred to in Article 27(1) shall be of 22 400 tonnes per 12-month period commencing on 1 July. The quota shall be divided into two parts:
(a)the first part, equal to 80 % or 17 920 tonnes, shall be distributed among Community exporters who can prove that they have exported products referred to in Article 27(2) to the Dominican Republic during at least three of the four calendar years prior to the period for submission of applications;
(b)the second part, equal to 20 % or 4 480 tonnes, shall be reserved for applicants other than those referred to in point (a) who can prove, at the time they submit their application, that they have been engaged for at least 12 months in trade with third countries in the milk products listed in Chapter 4 of the Combined Nomenclature and are registered in a Member State for VAT purposes.
The proof of trade as referred to in the first subparagraph shall be furnished in accordance with the second paragraph of Article 5 of Regulation (EC) No 1301/2006.
2.Applications for export licences may not cover more, per applicant, than:
(a)for the part referred to in paragraph 1(a), a quantity equal to 110 % of the total quantity of products referred to in Article 27(2) exported to the Dominican Republic during one of the three calendar years prior to the period for submission of applications;
(b)for the part referred to in paragraph 1(b), a total maximum quantity of 600 tonnes.
However exporters eligible to apply for part (a) may opt to apply under part (b) instead of part (a).
Applications which exceed the ceilings provided for in points (a) and (b) shall be rejected.
3.To be admissible, only one export licence application may be submitted per product code in the nomenclature for refunds and all applications must be lodged at the same time with the competent authority of a single Member State.
Export licence applications shall be admissible only where applicants, at the time they present their applications:
(a)lodge a security in accordance with Article 9;
(b)for the part referred to in paragraph 1(a), indicate the quantity of products referred to in Article 27(2) that they have exported to the Dominican Republic during one of the three calendar years prior to the period referred to in paragraph 1(a) of this Article and are able to prove this to the satisfaction of the competent authority of the Member State concerned. To this end the operator whose name appears on the relevant export declaration shall be regarded as the exporter;
(c)for the part referred to in paragraph 1(b), are able to prove to the satisfaction of the competent authority of the Member State concerned that they fulfil the conditions laid down therein.
Licence applications shall be lodged from 1 to 10 April each year for the quota relating to the period from 1 July to 30 June the following year.
For the purposes of Article 4(1), all applications lodged before the deadline shall be deemed to have been lodged on the first day of the period for submission of licence applications.
Licence applications and licences shall contain:
in section 7, the words ‘Dominican Republic — DO’;
in sections 17 and 18, the quantity to which the application or licence relates;
in section 20, one of the entries listed in Annex III.
Licences issued under this Section shall give rise to an obligation to export to the Dominican Republic.
1.Not later than the fifth working day following the expiry of the period for lodging licence applications, Member States shall notify the Commission, using the model form in Annex IV, for each of the two parts of the quota and for each product code of the nomenclature for refunds, of the quantities covered by licence applications or, where applicable, that no applications have been lodged.
Before issuing licences, the Member States shall verify in particular that the information referred to in Article 27(2) and in Article 28(1) and (2) is correct.
If the information provided by an operator to whom a licence has been issued is found to be incorrect, the licence shall be cancelled and the security forfeited.
2.The Commission shall decide as quickly as possible to what extent licences for quantities applied for may be granted and shall inform the Member States of its decision.
If all the quantities covered by licence applications for one of the two parts of the quota exceed the quantities referred to in Article 28(1), the Commission shall fix an allocation coefficient. The amount resulting from the application of the coefficient shall be rounded down to the nearest kg.
If the application of the allocation coefficient results in a quantity per applicant of less than 20 tonnes, applicants may withdraw their applications. In such cases, they shall notify the competent authority within three working days of publication of the Commission's decision. The security shall be released immediately. The competent authority shall notify the Commission, within eight working days of publication of the decision, of the quantities for which applications have been withdrawn and for which the security has been released.
Where the total quantity covered by licence applications is less than the quantity available for the period in question, the Commission shall allocate the quantity remaining, on the basis of objective criteria taking account in particular of licence applications for all the products falling within CN codes 0402 10, 0402 21 and 0402 29.
1.Licences shall be issued at the request of the operator, not earlier than 1 June and not later than 15 February of the following year. They shall be issued only to operators whose licence applications were notified in accordance with Article 31(1).
Member States shall communicate to the Commission by the end of February at the latest, using the model form in Annex V, for both parts of the quota, the quantities for which no licences were issued.
2.Export licences issued in accordance with this Section shall be valid from their actual day of issue within the meaning of Article 22(2) of Regulation (EC) No 376/2008 until 30 June of the quota year for which the licence application was made.
3.The security shall be released only in one of the following cases:
(a)on presentation of the proof referred to in Article 32(2) of Regulation (EC) No 376/2008 together with the transport document referred to in Article 17(3) of Regulation (EC) No 612/2009 mentioning as destination the Dominican Republic;
(b)in respect of the quantities covered by applications for which no licence could be issued.
The security relating to the quantity not exported shall be forfeited.
4.By way of derogation from Article 8 of Regulation (EC) No 376/2008, licences shall not be transferable.
5.By 31 August each year at the latest, the competent authority of the Member State shall report to the Commission, using the model form in Annex VI and in respect to the previous 12-month period as referred to in Article 28(1), the following quantities, broken down by product code of the nomenclature for refunds:
the quantity allocated,
the quantity for which licences have been issued,
the quantity exported.
1.Chapter II shall apply, with the exception of Articles 7, 9 and 10.
2.The communications by the Member States provided for in this Section shall be made by electronic means as indicated to the Member States by the Commission.