Commission Regulation (EC) No 2131/98 of 5 October 1998 amending Regulation (EC) No 1466/95 laying down special detailed rules of application for export refunds on milk end milk products
Date: 1998-10-05
Institutions: European Commission
Subjects: common organisation of markets, export licence, export refund, milk, milk product

L 269/8

EN

Official Journal of the European Communities

6. 10. 98

COMMISSION REGULATION (EC) No 2131/98

of 5 October 1998

amending Regulation (EC) No 1466/95 laying down special detailed rules of
application for export refunds on milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 804/68 of
27 June 1968 on the common organisation of the market
in milk and milk products (1), as last amended by Regula-
tion (EC) No 1587/96 (2), and in particular Article 17(14)
thereof,

Whereas Commission Regulation (EC) No 1466/95 (3), as
last amended by Regulation (EC) No 897/98 (4), lays down
the special detailed rules of application for export refunds
on milk and milk products; whereas Article 9a of that
Regulation provides
for cheese
that export
exported to the United States of America as part of the
additional quota arising from the agreements under the
Uruguay Round of multilateral trade negotiations may be
allocated in accordance with a special procedure allowing
the designation of preferential importers to the United
States;

licences

applications

the acceptance of

Whereas
for export
licences is subject to presentation of an attestation from
the designated importer stating that he is eligible under
the rules in force in the United States concerning the
issue of import licences; whereas, however, experience has
shown that an importer may be refused a licence by the
American authorities without cause; whereas, to guarantee
that the objective of the arrangements is achieved under
such circumstances, provision should be made for the
operator to designate another importer from among those

whom the Commission has already notified to the
competent authorities of the United States;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 9a(4) of Regulation (EC) No 1466/95,
following subparagraph is added:

the

‘In the case where an import licence is not allocated
to the importer designated by an operator for the
quantities concerned, in circumstances which do not
cast doubt on the sincerity of the attestation referred
to in paragraph 2, the operator may be authorised by
the Member State to designate another
importer
provided the latter appears on the list communicated
to the competent authority of the United States of
America, in accordance with the first subparagraph.
The Member State shall inform the Commission as
soon as possible and the Commission shall notify the
competent authority of the United States of America
of the change of designated importer.'

Article 2

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the
European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 5 October 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 148, 28. 6. 1968, p. 13.
(2) OJ L 206, 16. 8. 1996, p. 21.
(3) OJ L 144, 28. 6. 1995, p. 22.
(4) OJ L 126, 28. 4. 1998, p. 22.