Commission Regulation (EC) No 2356/2002 of 27 December 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
Date: 2002-12-27
Institutions: European Commission
Subjects: Czechia, Slovakia, export licence, export refund, milk, milk product

L 351/44

EN

Official Journal of the European Communities

28.12.2002

COMMISSION REGULATION (EC) No 2356/2002
of 27 December 2002
derogating from Regulation (EC) No 174/1999 laying down special detailed rules for the applica-
tion 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 Articles 26(3) and
31(14) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1924/2002 of 28
October 2002 derogating from Regulation (EC) No 174/
1999 laying down special detailed rules for the applica-
tion 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 appli-
cation of the system of export refunds on agricultural
products (3) provides that the validity of export licences
with advance fixing of the refund for which the destina-
tion is the Czech or Slovak Republics should expire no
later than 31 December 2002, given the entry into force
on 1 January 2003 of the concessions granted in the
negotiations
the
European Community, of the one part, and the Czech
and Slovak Republics, of the other part. The possibility
of issuing licences for these countries from 1 January
2003 should be reintroduced because the planned date
for the introduction of concessions cannot now be met.
In order to ensure that the concessions as granted are
observed when they enter into force, a derogation to
Article 6 of Regulation (EC) No 174/1999 (4) should be
introduced, limiting the licences' term of validity to their
month of issue.

liberalisation

between

trade

on

(2) With a view to the entry into force on 1 January 2003
of the new concessions granted to the Czech and Slovak
Republics, Article 2 of Regulation (EC) No 1924/2002
provides that, Article 18(3) of Regulation (EC) No 800/
1999 notwithstanding, no refund is to be paid in respect
of licences used on or after 1 January 2003 for exports
to the Czech or Slovak Republics that show in box 7 a
destination other than either of those two countries. As
that date cannot now be met, the Article in question
should be repealed.

(3)

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 the export licences with advance fixing
of the refund applied for on or after 1 January 2003 for which
the Czech or Slovak Republics are the intended destination
shall expire at the end of the month in which they are issued.

Article 2 of Regulation (EC) No 1924/2002 is hereby repealed.

Article 2

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 from 1 January 2003.

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

Done at Brussels, 27 December 2002.

For the Commission
Franz FISCHLER
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 79, 22.3.2002, p. 15.
(3) OJ L 293, 29.10.2002, p. 17.
(4) OJ L 20, 27.1.1999, p. 8.