Commission Regulation (EC) No 1368/2002 of 26 July 2002 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: 2002-07-26
Institutions: European Commission
Subjects: export licence, export refund, milk, milk product

27.7.2002

EN

Official Journal of the European Communities

L 198/33

COMMISSION REGULATION (EC) No 1368/2002

of 26 July 2002

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,

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 Commission Regula-
tion (EC) No 509/2002 (2), and in particular Article 26(3) and
Article 31(14) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 174/1999 (3), as last
amended by Regulation (EC) No 1166/2002 (4),
lays
down special detailed rules for applying Council Regula-
tion (EEC) No 804/68 (5), as last amended by Regulation
(EC) No 1587/96 (6), as regards export
licences and
export refunds in the case of milk and milk products. In
order to ensure that the export refund arrangements are
properly managed and reduce the risk of speculative
applications and disruption to the arrangements for
certain milk products, there is a need to depart from
Article 35(3) of Commission Regulation (EC) No 1291/
2000 of 9 June 2000 laying down common detailed
rules for the application of the system of import and
export licences and advance fixing certificates for agricul-
tural products (7), as last amended by Regulation (EC) No
2299/2001 (8), which limits the portion of the security
to be forfeit where the trader returns the licence before
the end of the validity period.

Council Regulation (EC) No 1151/2002 of 27 June 2002
establishing certain concessions in the form of Commu-
nity tariff quotas for certain agricultural products and
providing for an adjustment, as an autonomous and
transitional measure, of certain agricultural concessions
provided for in the Europe Agreement with Estonia (9)
introduces concessions in the form of reciprocal tariff
quotas involving the abolition of Community refunds on
certain milk products. Similar concessions have been
agreed with Latvia and Lithuania. Refunds on the
products concerned were consequently abolished in the
case of the three Baltic countries as from 4 July 2002. In

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 79, 22.3.2002, p. 15.
(3) OJ L 20, 27.1.1999, p. 8.
(4) OJ L 170, 29.6.2002, p. 51.
(5) OJ L 148, 28.6.1968, p. 13.
(6) OJ L 206, 16.8.1996, p. 21.
(7) OJ L 152, 24.6.2000, p. 1.
(8) OJ L 308, 27.11.2001, p. 19.
(9) OJ L 170, 29.6.2002, p. 15.

order to avoid disrupting trade with these countries and
guarantee that only products which have not benefited
from refunds are exported to them, specific arrange-
ments for the issue of licences to these countries should
be drawn up as soon as possible. To that end, the provi-
sions applicable to Poland by virtue of Article 20b of
Regulation (EC) No 174/1999 should also apply to the
countries and products concerned.

(3)

(4)

(5)

Article 6 of Regulation (EC) No 174/1999 lays down the
validity period of export
licences. Article 18(3) of
Commission Regulation (EC) No 800/1999 of 15 April
1999 laying down common detailed rules for the appli-
cation of the system of export refunds on agricultural
products (10), as last amended by Regulation (EC) No
1253/2002 (11), establishes the rate of refund to be paid
in cases where the destination indicated on the licence
has not been complied with. In order to comply with the
concessions granted, the necessary steps should be taken
to prevent licences issued for other third countries from
being used to export to those countries to which conces-
sions have been granted, and to allow licences to be
cancelled and the securities lodged to be released.

Regulation (EC) No 174/1999 should therefore be
amended accordingly.

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. In Article 9 the following fourth subparagraph is added:

‘As an exception to Regulation (EC) No 1291/2000, Article
35(3) of the said Regulation shall not apply to licences
issued in accordance with this Regulation.’

(10) OJ L 102, 17.4.1999, p. 11.
(11) OJ L 183, 12.7.2002, p. 12.

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Official Journal of the European Communities

27.7.2002

2. Article 20b is replaced by the following:

‘Article 20b

Paragraphs 1 to 11 shall apply to exports of

the
to the destinations listed

1.
products listed in Annex VIII
therein.

Exports as referred to in paragraph 1 shall be subject
2.
the
to the presentation to the competent authorities of
countries listed in Annex VIII of a certified copy of the
export licence, issued in accordance 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.

Licence applications and licences shall contain the

3.
following entries:

(a) In Box 7, the country of destination;

(b) In Box 15, a description of the goods in accordance with

the Combined Nomenclature;

(c) In Box 16, the eight-figure CN code and the quantity in
kilograms for each of the products 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, one of the following:

— Exportación en virtud del artículo 20 ter del Regla-

mento (CE) no 174/1999

— Udførsel

i overensstemmelse med artikel 20b i

forordning (EF) nr. 174/1999

— Ausfuhr in Übereinstimmung mit Artikel 20b der

Verordnung (EG) Nr. 174/1999

— Εξαγωγή σύµφωνα µε το άρθρο 20β του κανονισµού

(ΕΚ) αριθ. 174/1999

— Export in accordance with Article 20b of Regulation

(EC) No 174/1999

— Exportation au titre de l’article 20 ter du règlement

— Χωρίς επιστροφή κατά την εξαγωγή
— No export refund

— Sans restitution à l’exportation

— Senza restituzione all’esportazione

— Zonder uitvoerrestitutie

— Sem restituição à exportação

— Ilman vientitukea

— Utan exportbidrag;

(g) Licences shall be valid only for the products and quanti-

ties thus specified.

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

At the request of the party concerned, a certified copy

5.
of the endorsed licence shall be issued.

Issue of licences shall not be subject to the lodging of

6.
a security.

As an exception to Article 9 of Regulation (EC) No

7.
1291/2000, licences shall not be transferable.

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

9.
Before the end of February, the competent authorities
of the Member States shall notify the Commission of the
number of licences issued for the previous year and the
quantity of products concerned, broken down by Combined
Nomenclature code.

10.

Chapter I shall not apply.

11.
As an exception to Article 18(3) of Regulation (EC)
No 800/1999, no refund shall be paid for licences used from
the date of entry into force of this Regulation for exports of
the products listed in Annex VIII to the destinations listed in
Annex VIII which give in Box 7 a destination other than
those listed in the said Annex.’

(CE) no 174/1999

3. The Annex to this Regulation shall be added as Annex VIII.

— Esportazione in conformità all’articolo 20 ter del

regolamento (CE) n. 174/1999

— Uitvoer op grond van artikel 20 ter van Verordening

(EG) nr. 174/1999

— Exportação conforme o artigo 20.oB do Regulamento

(CE) n.o 174/1999

— Asetuksen (EY) N:o 174/1999 20 b artiklan

mukainen vienti

— Export

i överensstämmelse med artikel 20b i

förordning (EG) nr 174/1999;

(f) In Box 22, one of the following:

— Sin restitución por exportación

— Uden eksportrestitution

— Ohne Ausfuhrerstattung

Article 2

Where they are issued before the date of entry into force of this
Regulation and their validity period expires after 30 June 2002,
licences for one of the products listed in Annex VIII to Regula-
tion (EC) No 174/1999 which indicate in Box 7 one of the
destinations listed in that Annex shall be cancelled at
the
request of the interested party, and the relevant securities shall
be released in proportion to the quantities not used.

Article 3

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

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Official Journal of the European Communities

L 198/35

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

Done at Brussels, 26 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

27.7.2002

ANNEX

‘ANNEX VIII

Application of Article 20b

Products
CN code

Country of destination

Poland

Estonia

Latvia

Lithuania

0401

0402

ex 0403:

0403 90 11

0403 90 13

0403 90 19

0403 90 33

0403 90 51

0403 90 59

0404 90

ex 0405:

0405 10 11

0405 10 19

0405 10 30

0405 10 50

0405 10 90

0405 20 90

0405 90 10

0405 90 90

X application of Article 20b.’

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X