Commission Regulation (EC) No 2294/2000 of 16 October 2000 derogating from Article 31(10) of Council Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products as regards proof of arrival at destination in the case of differentiated refunds and laying down detailed rules for the application of the lowest export refund rate for certain milk products
Date: 2000-10-16
Institutions: European Commission
Subjects: common organisation of markets, delivery, export refund, milk, milk product

L 262/14

EN

Official Journal of the European Communities

17.10.2000

COMMISSION REGULATION (EC) No 2294/2000

of 16 October 2000

derogating from Article 31(10) of Council Regulation (EC) No 1255/1999 on the common organ-
isation of the market in milk and milk products as regards proof of arrival at destination in the case
of differentiated refunds and laying down detailed rules for the application of the lowest export
refund rate for certain milk products

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 milk products (1), as last amended by Regulation (EC) No
1670/2000 (2), and in particular Article 31(10) and (14)
thereof,

Whereas:

(1)

(2)

(3)

(4)

The third indent of Article 31(10) of Regulation (EC) No
1255/1999 stipulates that in the case of differentiated
refunds the refund is to be paid on presentation of proof
that the products have reached the destination indicated
on the licence or another destination for which a refund
was fixed. Exceptions to that rule are possible provided
that conditions are laid down offering equivalent guaran-
tees.

that export

In the event
refunds are differentiated
according to destination, Article 18(1) and (2) of
Commission Regulation (EC) No 800/1999 of 15 April
1999 laying down common detailed rules for
the
application of the system of export refunds on agricul-
tural products (3), as amended by Regulation (EC) No
1557/2000 (4), stipulates that part of the refund, calcu-
lated using the lowest rate for the refund, is to be paid
on application by the exporter once proof is furnished
that the product has left the customs territory of the
Community.

Under special arrangements with certain third countries,
the refund rate applicable to the export of certain milk
products to those countries may be lower, in some cases
by a large amount, than the refund normally applied. It
is also possible that a refund may not be fixed so the
lowest rate of the refund is also the result of the lack of
fixing of a refund.

Article 20a(8) of Commission Regulation (EC) No 174/
1999 of 26 January 1999 laying down special detailed
rules for the application of Council Regulation (EEC) No
804/68 as regards export licences and export refunds in

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 102, 17.4.1999, p. 11.
(4) OJ L 179, 18.7.2000, p. 6.

the case of milk and milk products (5), as last amended
by Regulation (EC) No 1961/2000 (6), provides for a
differentiation of the refund for certain milk powders
falling within Combined Nomenclature code 0402
intended for export to the Dominican Republic.

The special arrangements for exports to the Dominican
Republic of certain products which may benefit from
special treatment on import into that country guarantee
that products to which a refund has been applied
intended for other destinations or for that destination
but outside the special arrangements, may not be
imported into the Dominican Republic under the special
arrangements laid down in the Memorandum of Under-
standing between the European Community and the
Dominican Republic.

Those special arrangements must therefore be taken into
account when applying the above provisions of Regula-
tions (EC) No 1255/1999 and (EC) No 800/1999 so that
exporters are not burdened with unnecessary costs in
their trade with third countries. To that end, when the
lowest refund rate is determined, no account is to be
taken of the rates fixed under the conditions and for the
particular destination in question.

The tariff quota for the destination Dominican Republic
applies from 1 July 2000 so operators should be allowed
to benefit from that derogation from the same date.

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

(5)

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

By derogation from the third indent of Article 31(10) of Regu-
lation (EC) No 1255/1999 and without prejudice to Article
20a(14) of Regulation (EC) No 174/1999, proof of arrival at
destination shall not be required for the products referred to in
Article 20a(3) and (11) of Regulation (EC) No 174/1999.

(5) OJ L 20, 27.1.1999, p. 8.
(6) OJ L 234, 16.9.2000, p. 10.

17.10.2000

EN

Official Journal of the European Communities

L 262/15

The special refund referred to in Article 20a(8) of Regulation (EC) No 174/1999, the rate of which is lower
than the lowest rate fixed for other destinations, shall not be taken into account in determining the lowest
refund rate within the meaning of Article 18(2) of Regulation (EC) No 800/1999.

Article 2

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

It shall apply to export licences requested from 1 July 2000.

Article 3

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

Done at Brussels, 16 October 2000.

For the Commission

Franz FISCHLER

Member of the Commission