Commission Regulation (EC) No 348/2002 of 25 February 2002 derogating from 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 from Regulation (EC) No 800/1999 laying down common detailed rules for the application of the system of export refunds on agricultural products
Date: 2002-02-25
Institutions: European Commission
Subjects: Estonia, derogation from EU law, export licence, export refund, milk, milk product

L 55/16

EN

Official Journal of the European Communities

26.2.2002

COMMISSION REGULATION (EC) No 348/2002

of 25 February 2002

derogating from 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 from Regulation (EC) No 800/1999 laying down common detailed rules
for the application of the system of export refunds on agricultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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(14) thereof,

Whereas:

(1)

(2)

Article 6 of Commission Regulation (EC) No 174/
1999 (3), as last amended by Regulation (EC) No 156/
2002 (4), determines the term of validity of export
licences. Article 18(3) of Commission Regulation (EC)
No 800/1999 (5), as last amended by Regulation (EC) No
2299/2001 (6), determines the rate of refund to be
applied where the destination marked on the licence is
not observed.

Negotiations are under way between the European
Union and Estonia on the liberalisation of trade. These
negotiations relate to concessions to apply from 1 July
2002. In order to avoid disrupting trade with Estonia
and without prejudice to the application of the conces-
sions on the planned date, the term of validity of the
licences should be limited and the necessary measures
should be taken to prevent licences issued for other third
countries from being used for exports to Estonia after
30 June.

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

Notwithstanding Article 6 of Regulation (EC) No 174/1999,
the term of validity of export licences with advance fixing of
the refund and specifying Estonia as the destination shall expire
on 30 June 2002 at the latest.

Article 2

Notwithstanding Article 18(3) of Regulation (EC) No 800/
1999, no refund shall be payable on licences showing a desti-
nation other than Estonia in box 7 and used from 1 July 2002
for exports to Estonia.

Article 3

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

It shall apply to licences applied for from the date of its entry
into force.

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

Done at Brussels, 25 February 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(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 25, 29.1.2002, p. 24.
(5) OJ L 102, 17.4.1999, p. 11.
(6) OJ L 308, 27.11.2001, p. 19.