Commission Regulation (EC) No 1681/2001 of 22 August 2001 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 and Regulation (EC) No 1498/1999 laying down rules for the implementation of Council Regulation (EEC) No 804/68 as regards communications between the Member States and the Commission in the milk and milk products sector
Date: 2001-08-22
Institutions: European Commission
Subjects: EU Member State, exchange of information, export refund, import licence, milk, milk product

L 227/36

EN

Official Journal of the European Communities

23.8.2001

COMMISSION REGULATION (EC) No 1681/2001

of 22 August 2001

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 and Regulation (EC) No 1498/1999 laying down rules for the implementa-
tion of Council Regulation (EEC) No 804/68 as regards communications between the Member
States and the Commission in the milk and milk products sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(4)

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 26(3), Article 30,
Article 31(14) and Article 40 thereof,

Whereas:

licence. For the efficient management of

Article 1 of Commission Regulation (EC) No 174/1999
of 26 January 1999 laying down 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 (3), as last amended by Regula-
tion (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
the
domestic market in skimmed-milk powder — a product
that may be subject to intervention measures — export
licences for that product should be 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 8 July
1999 laying down rules for the application of Council
Regulation (EEC) No 804/68 as regards communications
between Member States and the Commission in the milk
and milk products sector (5), as last amended by Regula-
tion (EC) No 732/2001 (6), should therefore be amended.

(1)

(2)

(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 provision should

(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.

be extended to cases where a refund for the milk content
has not been fixed.

licences for exports without a refund to the
The full
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 not
require a security to be lodged. In order to best ensure
that this quota is actually filled and that the licences
issued to this end are really used, provision should be
made for the lodgement of a security.

(5)

(6)

In order to simplify the securities for the provisional
licences referred to in Article 20, the security for the
provisional licence should be adjusted and the operation
of the security for the full licence should be described in
detail.

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 amended 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 Annex I, Number II.’

‘(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 content referred to in the second subparagraph of
paragraph 2 is zero or is not fixed.’

(7) OJ L 336, 23.12.1994, p. 1.

A drafting error in Article 9 of Regulation (EC) No
174/1999 should be corrected.

2. Article 9(a) is replaced by the following:

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Official Journal of the European Communities

L 227/37

4. In the second 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 in the case of part quantities, which shall
be issued forthwith, on condition that the security referred
to in paragraph 2 is increased to the 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
licence itself:

“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 in paragraph 1.

The security for the full licence shall be released only on
presentation of the proof referred to in Article 35(5) of
Commission Regulation (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 18 and Article 19(5) of Regula-
tion (EC) No 174/1999 or for supplies of food aid
within the meaning of Article 10(4) of the Agreement
on Agriculture concluded under the Uruguay Round:

(a) the quantities, broken down by code of

the
refund nomenclature for milk products
export
and by destination code, covered by applications
submitted that day for licences:

(i) as referred to in Article 1 of Regulation (EC)
those
that Regulation

No 174/1999, with the exception of
referred to in Article 17 of
(IDES computer code 1);

(ii) as referred to in Article 17 of Regulation (EC)

No 174/1999 (IDES computer code 1);

where appropriate,
applied for;

the fact

that none has been

(b) the quantities, broken down by application and
by code of
the export refund nomenclature for
milk products and by destination 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 date
for submitting tenders and the quantity of prod-
ucts covered by the invitation to tender or, in the
case of an invitation to tender opened by the
armed forces within the meaning of Article
36(1)(c) of Commission Regulation (EC) No 800/
1999 (1) not specifying the quantity, the approxi-
mate quantity broken down as specified above
(IDES computer code 2);

(c) the quantities, broken down by code of

the
refund nomenclature for milk products
export
and by destination code,
for which the provi-
sional licences referred to in Article 8 of Regula-
tion (EC) No 174/1999 were definitively issued or
cancelled that day, indicating the body issuing the
invitation to tender,
the provisional
the date of
licence and the quantity it covers.

(d) where appropriate, the revised quantity of prod-
ucts covered by the invitation to tender referred
to in (b) above.’

Article 3

into force on the third day
This Regulation shall enter
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, 22 August 2001.

For the Commission

Franz FISCHLER

Member of the Commission