Commission Regulation (EC) No 1392/2003 of 4 August 2003 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: 2003-08-04
Institutions: European Commission
Subjects: export licence, export refund, milk, milk product

5.8.2003

EN

Official Journal of the European Union

L 197/3

COMMISSION REGULATION (EC) No 1392/2003

of 4 August 2003

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 Regulation (EC) No
806/2003 (2), and in particular Article 31(14) thereof,

Whereas:

(1)

Article 21 of Commission Regulation (EC) No 800/1999
of 15 April 1999 laying down common detailed rules
for the application of the system of export refunds on
agricultural products (3), as last amended by Regulation
(EC) No 500/2003 (4), states that no refund is to be
granted on products that are not of sound and fair
the
marketable quality on the day of acceptance of
export declaration. To ensure that this rule is uniformly
applied it should be stipulated in Commission Regula-
tion (EC) No 174/1999 (5), as last amended by Regula-
tion (EC) No 833/2003 (6),
for a refund to be
granted on the products that are indicated in Article 1 of
Council Directive 92/46/EEC of 16 June 1992 laying
down the health rules for the production and placing on
the market of raw milk, heat-treated milk and milk-based
products (7), as last amended by Directive 94/71/EC (8),
and appear in Article 1 of Regulation (EC) No 1255/
1999 they must be prepared in line with the require-
ments of
that Directive and carry the health mark
required by it.

that

if a refund is claimed for them, have been prepared in
line with the requirements of Directive 92/46/EEC and
carry the health mark required by it.

To give time for the action that will need to be taken so
that products to be exported bear the health mark and
allow existing stocks to be exported and packaging not
bearing the mark to be used up, this Regulation should
apply from 1 January 2004.

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

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

(3)

(4)

(5)

HAS ADOPTED THIS REGULATION:

Article 1

The following paragraph 4 is added to Article 1 of Regulation
(EC) No 174/1999:

‘4.
For a refund to be granted on the products listed in
Article 1 of Regulation (EC) No 1255/1999 they must meet
the requirements of Directive 92/46/EEC, notably prepara-
tion in an approved establishment and compliance with the
health marking requirements specified at A in Chapter IV
of Annex C thereto.’

(2)

To prevent rerouting of trade in order to evade compli-
ance with this new rule it should be stipulated that
products indicated in Article 1 of Regulation (EC) No
1255/1999 that are to be used as animal feed must also,

Article 2

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 102, 17.4.1999, p. 11.
(4) OJ L 74, 20.3.2003, p. 19.
(5) OJ L 20, 27.1.1999, p. 8.
(6) OJ L 120, 15.5.2003, p. 18.
(7) OJ L 268, 14.9.1992, p. 1.
(8) OJ L 368, 31.12.1994, p. 33.

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

It shall apply from 1 January 2004.

L 197/4

EN

Official Journal of the European Union

5.8.2003

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

Done at Brussels, 4 August 2003.

For the Commission

Franz FISCHLER

Member of the Commission