Export licences issued under the cheese export quotas opened by the United States of America
Article 59
1. Products falling within CN code 0406 as set out in Annex XIII shall be subject to presentation of an export licence where they are exported to the United States of America under: (a) the additional quota under the WTO Agriculture Agreement; (b) 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; (c) 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. 2. By way of derogation from Article 6, applications for export licences shall be lodged with the competent authorities from 1 to 10 September of the year preceding the quota year for which export licences are allocated. All applications shall be lodged simultaneously with the licence issuing authority of a Member State. 3. Section 16 of licence applications and licences shall show the eight-digit CN code. However, the licences shall also be valid for any other code falling under CN heading 0406. 4. Applicants for export licences shall provide evidence that their designated importer is a subsidiary of the applicant. 5. Applicants for export licences shall indicate in the application: (a) the designation of the product group covered by the United States of America quota in accordance with Additional Notes 16 to 23 and 25 in Chapter 4 of the Harmonized Tariff Schedule of the United States of America; (b) the product names in accordance with the Harmonized Tariff Schedule of the United States of America; (c) the name and address of the importer in the United States of America designated by the applicant. 6. The export licence application and the export licence shall contain the following information: (a) Section 7 shall indicate as country of destination ‘United States of America’; box ‘yes’ in that section shall be crossed; (b) Section 20 shall indicate: (i) ‘For export to the United States of America; (ii) Quota for calendar year xxxx — Articles 58 to 63 of Implementing Regulation (EU) 2020/761; (iii) Quota identification: …; (iv) Valid from 1 January to 31 December xxxx’; (c) Section 22 shall indicate: ‘the license is valid for all the products falling under Heading 0406 of the CN’. 7. For each quota identified in column (3) of Annex XIV.5 – B1, each applicant may lodge one or more licence applications provided that the total quantity applied for per quota does not exceed the maximum quantity limits fixed in the following subparagraphs. For this purpose, where, for the same group of products referred to in column (2) of Annex XIV.5 — B1, the available quantity in column (4) is divided between the Uruguay Round quota and the Tokyo Round quota, both quotas have to be considered as two separate quotas. As regards the quotas identified as 22-Tokyo, 22-Uruguay, 25-Tokyo and 25-Uruguay in column (3) of Annex XIV.5 – B1, the total quantity applied for per applicant per quota 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 identified in column (3) of Annex XIV.5 – B1, the total quantity applied for per applicant per quota 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. 8. Applications for export licences shall be accompanied by a declaration from the designated United States importer stating its eligibility for import under the United States rules on dairy tariff-rate quota import licensing laid down in part 6 of subtitle A of Title 7 of the Code of Federal Regulations. 9. Information on the quotas opened by the United States of America shall be provided together with the export licence application and presented in accordance with the model set out in Annex XIV. 10. By way of derogation from Article 11 of this Regulation, export licences shall be issued by 15 December of the year preceding the quota year for the quantities for which the licences are allocated.