Article 1Export 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 2005 under the quotas referred to in Article 20(1) of Regulation (EC) No 174/1999 shall be issued in accordance with Article 20 of Regulation (EC) No 174/1999 and this Regulation.

Article 21.Applications for provisional licences referred to in Article 20(2) of Regulation (EC) No 174/1999 (hereinafter "applications") shall be lodged with the competent authorities from 26 to 29 October 2004 at the latest.2.Applications shall be admissible only if they contain all the information referred to in Article 20(2) and (3) of Regulation (EC) No 174/1999 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 Annex I.Applications shall be drawn up in accordance with the model set out in Annex II.3.Applications shall cover no more than 40 % of the quantity available for the group of products indicated in column 4 of Annex I, and for the quota concerned.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/her applications shall be deemed inadmissible.5.For the purposes of Article 1(1) of Regulation (EC) No 174/1999, all applications lodged within the time limit referred to in paragraph 1 of this Article shall be deemed to have been lodged on 26 October 2004.

Article 31.Member States shall notify the Commission, within three working days after the end of the period for lodging applications, 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 by telex or fax on the model form set out in Annex III.2.Notification shall comprise for each group and, where applicable, for each quota:(a)a list of applicants;(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 Harmonized Tariff Schedule of the United States of America (2004);(c)the quantities of the products concerned which were exported by the applicant during the previous three years;(d)the name and address of the importer designated by the applicant and the indication whether the importer is a subsidiary of the applicant.

Article 4The Commission shall, pursuant to Article 20(3), (4) and (5) of Regulation (EC) No 174/1999, determine the allocation of licences without delay and shall notify the Member States thereof by 30 November 2004 at the latest.

Article 5The information notified pursuant to Article 3 of this Regulation and in Article 20(2) and (3) of Regulation (EC) No 174/1999 shall be verified by the Member States before the full licences are issued and by 31 December 2004 at the latest.Where it is found that incorrect information has been supplied by an operator to whom a provisional licence has been issued, the licence shall be cancelled and the security forfeited. The Member States shall communicate it to the Commission without any delay.

Article 6This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 22 October 2004.For the CommissionFranz FischlerMember of the CommissionANNEX I

Cheese to be exported to the United States of America in 2005 under certain quotas resulting from the GATT Agreements(Article 20 of Regulation (EC) No 174/1999 and Regulation (EC) No 1847/2004)

Identification of group in accordance with additional notes in Chapter 4 of the Harmonized Tariff Schedule of the United States of America		Identification of group and quota	Quantity available for 2005	Maximum quantity per application
Note to	Group	Identification of group and quota	(t)	(t)
(1)	(2)	(3)	(4)	(5)
16	Not specifically provided for (NSPF)	16 — Tokyo	908,877	363,550
16	Not specifically provided for (NSPF)	16 — Uruguay	3446,000	1378,400
17	Blue Mould	17	350,000	140,000
18	Cheddar	18	1050,000	420,000
20	Edam/Gouda	20	1100,000	440,000
21	Italian type	21	2025,000	810,000
22	Swiss or Emmenthaler cheese other than with eye formation	22 — Tokyo	393,006	157,202
22	Swiss or Emmenthaler cheese other than with eye formation	22 — Uruguay	380,000	152,000
25	Swiss or Emmenthaler cheese with eye formation	25 — Tokyo	4003,172	1601,268
25	Swiss or Emmenthaler cheese with eye formation	25 — Uruguay	2420,000	968,000

ANNEX IIPresentation of information required pursuant to Article 20(2) and (3) of Regulation (EC) No 174/1999 32004R1847_en_img_1

ANNEX IIINotification by Member State in accordance with Article 3 of Regulation (EC) No 1847/2004 32004R1847_en_img_2

Amendments and corrections
December 11, 2010	Obsolete See JO C 336/2010 P 1
October 24, 2004	Entry into force - Date pub. + 1 See Art 2

Commission Regulation (EC) No 1847/2004 of 22 October 2004 opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2005 under certain GATT quotas