1.   Applications for 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 at the same time with the competent authority of a single Member State.

The quotas referred to in Article 21 are opened on an annual basis for the period from 1 January to 31 December.

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.

The licence application and licence shall contain in Section 20 the following entry:

“For export to the United States of America:

2.   For each quota identified in column (3) of Annex IIa, 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 Article 22a.

For this purpose, where, for the same group of products referred to in column (2) of Annex IIa 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.

3.   The applications are subject to the lodging of a security in accordance with Article 9.

4.   Applicants for export licences 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 calendar 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).

5.   Applicants for export licences shall indicate in the applications:

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 the issue of import licences for the products referred to in Article 21.

7.   Applications shall be admissible only if they respect the maximum quantity limits, contain all the information and are accompanied by the documents referred to in this Article.

8.   Information referred to in this Article shall be presented in accordance with the model set out in Annex IIb.

1.   By 18 September, Member States shall notify the Commission of the applications lodged for each of the quotas identified in Annex IIa, or that no applications have been lodged.

2.   For each quota, the notification shall comprise:

1.   Where applications for export licences for a quota referred to in Article 21 exceed the quantity available for the year concerned, the Commission shall fix an allocation coefficient by 31 October.

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 quantities for less than 10 tonnes per 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 for 10 tonnes each amongst the applicants who would have been allocated less than 10 tonnes per quota 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 tonnes 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 per quota, that quantity shall be considered as a single lot.

The security for applications which are not successful in the allocation by drawing lots shall be released immediately.

3.   Member States concerned by drawing lots shall notify the Commission, within five working days after publication of the allocation coefficients, for each quota, of the quantities allocated by applicant, the product code, the applicant reference number and the designated importer reference number.

Quantities allocated by drawing lots shall be distributed among the individual CN codes in proportion to the quantities of product by CN code applied for.

4.   Where applications for export licences for quotas 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 quantities applied for, by fixing an allocation coefficient. The amount resulting from the application of the coefficient shall be rounded down to the nearest kg.

In that case, the operators shall inform the competent authority of the Member States concerned of the supplementary quantity they accept, within a week from the publication of the allocation coefficient. The security lodged shall be increased accordingly.

1.   The names of the designated importers referred to in Article 22(5)(c) and the quantities allocated shall be communicated by the Commission to the competent authorities of the United States.

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 submitting the declaration referred to in Article 22(6), 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.

3.   The Member State shall notify the Commission as soon as possible of the change of the designated importer and the Commission shall notify the change to the competent authorities of the United States.

1.   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.

Section 20 of the licences shall contain the following entry:

“valid from 1 January to 31 December … (year).”

2.   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.

3.   Licences issued under this Article shall be valid only for the exports of products under quotas referred to in Article 21.