2001R1681 — EN — 26.08.2001 — 000.001 — 1
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►B COMMISSIONREGULATION(EC)No1681/2001
of22August2001
amending Regulation (EC) No 174/1999 laying down special detailed rules for the application of
CouncilRegulation(EEC)No804/68asregardsexportlicences andexportrefundsinthecaseofmilk and milk products and Regulation (EC) No 1498/1999 laying down rules for theimplementation of Council Regulation (EEC) No 804/68 as regards communications between the
MemberStatesandtheCommissioninthemilkandmilkproductssector
(OJ L 227, 23.8.2001, p. 36)
Corrected by:
►C1Corrigendum, OJ L 233, 31.8.2001, p. 59 (1681/2001)
▼B
COMMISSIONREGULATION(EC)No1681/2001
of22August2001
amendingRegulation(EC)No174/1999layingdownspecialdetailed
rulesfortheapplicationofCouncilRegulation(EEC)No804/68asregards export licences andexport refundsinthe case ofmilk andmilkproductsandRegulation(EC)No1498/1999layingdownrules
for the implementation of Council Regulation (EEC) No 804/68 as
regards communications between the Member States and the
Commissioninthemilkandmilkproductssector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May
1999 on the common organisation of the market in milk and milkproducts(
1), as last amended by Regulation (EC) No 1670/2000(2), and
inparticular Article 26(3), Article 30, Article 31(14) an d Article 40thereof,
Whereas:
(1)Article 1 of CommissionRegulation(EC) No 174/1999 of 26
January 1999 laying down detailed rules for the application ofCouncil Regulation (EEC) No 804/68 as regards export licencesand export refunds in the case of milk and milk products(
3), as
last amended by Regulation (EC) No 1370/2001(4), lays down, as
a general rule, that all exports of milk products for which a refund
is requested are to be subject to the presentation of an export
licence. For the efficient management of the domestic market inskimmed-milk powder — a product that may be subject tointervention measures — export licences for that product shouldbe made compulsory and provision should be made for the
notification of this information by the Member States to the
Commission. Commission Regulation (EC) No 1498/1999 of 8July 1999 laying down rules for the application of CouncilRegulation (EEC) No 804/68 as regards communications betweenMember States and the Commission in the milk and milk productssector(
5), as last amended by Regulation (EC) No 732/2001(6),
should therefore be amended.
(2)A drafting error in Article 9 of Regulation (EC) No 174/1999
should be corrected.
(3)The sucrose component of milk products is not taken into account
when the basic amount of the refund for the milk content is fixed
at zero. This provisionshould be exten ded to cases where arefund for the milk content has not been fixed.
(4)The full licences for exports without a refund to the United States
under the supplementary quota arising from the Agreement on
Agriculture included in the Uruguay Round GATT Agreements(7)
(hereinafter referred to as the ‘Agreement on Agriculture’) do notrequire a security to be lodged. Inorder to best en sure that thisquota is actually filled and that the licences issued to this end arereally used, provisionshould be made for the lodgemen t of a
security.
(5)In order to simplify the securities for the provisional licences
referred to inArticle 20, the security for the provision al licen ceshould be adjusted and the operation of the security for the fulllicence should be described in detail.2001R1681 — EN — 26.08.2001 — 000.001 — 2
(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 20, 27.1.1999, p. 8.
(4) OJ L 183, 6.7.2001, p. 18.
(5) OJ L 174, 9.7.1999, p. 3.
(6) OJ L 102, 12.4.2001, p. 34.
(7) OJ L 336, 23.12.1994, p. 1.
▼B
(6)The Management Committee for Milk and Milk Products has not
delivered an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation(EC) No 174/1999 is amen ded as follows:
1. The following second subparagraph is added to Article 1(1):
‘However, the first subparagraph notwithstanding, an export licence
must be presented for all exports of the products referred to in AnnexI, Number II.’
2. Article 9(a) is replaced by the following:
‘(a) 5 % for products covered by CN code 0405;’
3. The second subparagraph of Article 16(3) is replaced by the
following:
‘However, the sucrose component shall not be taken into account
where the basic amount of the refund for the milk product contentreferred to in the second subparagraph of paragraph 2 is zero or is notfixed.’
4. Inthe secon d subparagraph of Article 20(2), ‘EUR 9’ is replaced by
‘EUR 6’.
5. Article 20(10) is replaced by the following:
‘10. Before the end of the year for which the provisional licences
are issued, the interested party shall apply for the full licence, even inthe case of part quantities, which shall be issued forthwith, oncondition that the security referred to in paragraph 2 is increased tothe total amount laid down in Article 9 for the quantities for which
the licences are allocated. The following words shall be entered in
section 20 of the application for the full licence and in the licenceitself:
“For export to the United States of America: Article 20 of
Regulation(EC) No 174/1999.”
Licences issued under this Article shall be valid only for the exports
referred to inparagraph 1.
The security for the full licence shall be released only on presentation
of the proof referred to inArticle 35(5) of CommissionRegulation(EC) No 1291/2000 (*).
(*)
OJ L 152, 24.6.2000, p. 1.’
Article 2
The first point of Article 9 of Regulation (EC) No 1498/1999 shall be
replaced by the following:
‘1. By 6 p.m. on each working day, with the exception of quantities
covered by export licence applications either under Article 18and Article 19(5) of Regulation (EC) No 174/1999 or forsupplies of food aid within the meaning of Article 10(4) of theAgreement on Agriculture concluded under the Uruguay Round:
(a) the quantities, broken down by code of the export refund
nomenclature for milk products and by destination code,covered by applications submitted that day for licences:
(i) as referred to inArticle 1 of Regulation(EC) No 174/
1999, with the exceptionof those referred to inArticle17 of that Regulation(IDES computer code 1);
(ii) as referred to inArticle 17 of Regulation(EC) No 174/
1999►
C1(IDES computer code 9); ◄
where appropriate, the fact that none has been applied for;2001R1681 — EN — 26.08.2001 — 000.001 — 3
▼B
(b) the quantities, broken down by application and by code of
the export refund nomenclature for milk products and bydestination code, covered by applications for provisional
licences as referred to in Article 8 of Regulation (EC) No
174/1999 submitted on that day, indicating the closing datefor submitting tenders and the quantity of products coveredby the invitation to tender or, in the case of an invitation totender opened by the armed forces within the meaning of
Article 36(1)(c) of CommissionRegulation(EC) No 800/
1999 (
1) not specifying the quantity, the approximate
quantity broken down as specified above (IDES computercode 2);
(c) the quantities, broken down by code of the export refund
nomenclature for milk products and by destination code, forwhich the provisional licences referred to in Article 8 ofRegulation(EC) No 174/1999 were defin itively issued orcancelled that day, indicating the body issuing the invitationto tender, the date of the provisional licence and the quantity
it covers.
(d) where appropriate, the revised quantity of products covered
by the invitation to tender referred to in (b) above.’
Article 3
This Regulation shall enter into force on the third day following its
publicationinthe Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2001R1681 — EN — 26.08.2001 — 000.001 — 4