Commission Regulation (EC) No 2884/2000 of 27 December 2000 amending Regulation (EC) No 174/1999 laying down special detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of milk and milk products
Date: 2000-12-27
Institutions: European Commission
Subjects: Poland, export, export licence, export refund, milk, milk product

L 333/76

EN

Official Journal of the European Communities

29.12.2000

COMMISSION REGULATION (EC) No 2884/2000

of 27 December 2000

amending Regulation (EC) No 174/1999 laying down special detailed rules for the application of
Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of
milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

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(14) thereof,

Whereas:

(1)

(2)

Council Regulation (EC) No 2851/2000 (3) establishes
certain concessions in the form of Community tariff
quotas for certain agricultural products and provides for
an adjustment, as an autonomous and transitional
measure, of certain agricultural concessions provided for
in the Europe Agreement with Poland. One of those
concessions results in a differentiation of refunds from 1
January 2001 for certain products falling within CN
code 0405 as a result of the abolition of refunds on
those products exported to Poland.

The Polish authorities have undertaken to ensure that
only consignments of Community butter on which no
refund has been granted are allowed for import into
Poland. To that end, an article should be inserted in
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 the case of
milk and milk products (4), as last amended by Regula-
tion (EC) No 2357/2000 (5), providing for the obligation
to present a certified copy of
licence,
including specific information guaranteeing that no
export refund has been granted on the products referred
to. To establish a link between the products imported
and those indicated on the export licence, operators are
required, on import into Poland, to present a certified
copy of the export declaration bearing specific informa-
tion referring to the export licence.

the export

(3)

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

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 332, 28.12.2000, p. 7.
(4) OJ L 20, 27.1.1999, p. 8.
(5) OJ L 272, 25.10.2000, p. 6.

The following Article 20b is inserted in Regulation (EC) No
174/1999:

‘Article 20b

1.
The following provisions shall apply to exports to
Poland of products falling within CN code 0405 referred to
in Article 1(e) of Regulation (EC) No 1255/1999.

2.
Exports as referred to in paragraph 1 shall be subject
to the presentation to the competent authorities of Poland
of a certified copy of the export licence issued in accord-
ance with this Article and a duly endorsed copy of the
export declaration for each consignment. The goods shall
not have been exported previously to another
third
country.

3.

Licence applications and licences shall contain:

(a) in box 7, the words “Poland”;

(b) in box 15, a description of the goods in accordance

with the Combined Nomenclature;

(c) in box 16, the eight-figure Combined Nomenclature
code and the quantity in kilograms for each product
referred to in box 15;

(d) in boxes 17 and 18, the total quantity of the products

referred to in box 16;

(e) in box 20, the words “Butter for export to Poland.

Article 20b of Regulation (EC) No 174/1999”;

(f) in box 22, the words “no export refund”;

(g) licences shall be valid only for the products and quant-

ities thus specified.

Licences issued under this Article shall carry with
4.
them an obligation to export to the destination indicated in
box 7.

Licences shall be issued immediately after applications
5.
are lodged. At the request of the party concerned, a certi-
fied copy of the endorsed licence shall be issued.

Issue of licences shall not be subject to the lodging of

6.
a security.

29.12.2000

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Official Journal of the European Communities

L 333/77

Notwithstanding Article 9 of Commission Regulation
7.
(EC) No 1291/2000 (*), licences shall not be transferable.

quantity of butter involved, broken down by Combined
Nomenclature code.

8.
Licences shall be valid from their date of issue within
the meaning of Article 23(1) of Regulation (EC) No 1291/
2000 until the following 30 June.

9.
By the end of February, for the previous year, the
competent authorities of the Member States shall notify the
licences issued and the
Commission of

the number of

10.

Chapter I shall not apply.

(*) OJ L 152, 24.6.2000, p. 1.’

Article 2

This Regulation shall enter into force on 1 January 2001.

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

Done at Brussels, 27 December 2000.

For the Commission

Franz FISCHLER

Member of the Commission