Commission Regulation (EC) No 519/2004 of 19 March 2004 derogating from Regulation (EC) No 800/1999 as regards exports of milk and milk products
Date: 2004-03-19
Institutions: European Commission
Subjects: export refund, milk, milk product, third country

L 83/4

EN

Official Journal of the European Union

20.3.2004

COMMISSION REGULATION (EC) No 519/2004

of 19 March 2004

derogating from Regulation (EC) No 800/1999 as regards exports of milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

arrangements have been repealed by Commission Regu-
lation (EC) No 823/96 and the refunds for cheeses
exported to several other destinations have been fixed at
zero, so that Article 1 of Regulation (EEC) No 776/78
no longer has any purpose.

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), and in particular the third indent of
Article 31(10) and (14) thereof,

(4)

Whereas:

(1)

(2)

(3)

The third indent of Article 31(10) of Regulation (EC) No
1255/1999 stipulates that in the case of differentiated
refunds the refund is to be paid on presentation of proof
that the products have reached the destination indicated
on the licence or another destination for which a refund
was fixed. Exceptions to that rule are possible provided
that conditions are laid down offering equivalent guaran-
tees.

In the case of differentiated export refunds, Article 18(1)
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 agri-
cultural products (2) stipulates that part of the refund,
calculated using the lowest rate for the refund, is to be
paid on application by the exporter once proof is furn-
ished that the product has left the customs territory of
the Community.

Commission Regulation (EEC) No 776/78 of 18 April
1978 on the application of the lowest rate of refund on
exports of dairy products and repealing and amending
certain Regulations (3) provides for exceptions for the
purpose of determining the lowest rate of refund. Article
1 of that Regulation was based on measures taken in the
context of special arrangements for the export of certain
cheeses to Switzerland, in accordance with Commission
Regulation (EEC) No 1953/82 of 6 July 1982 laying
down special conditions for the export of certain cheeses
to certain third countries (4). Since then, those special

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p.
6).

(2) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regu-

lation (EC) No 2010/2003 (OJ L 297, 15.11.2003, p. 13).

(3) OJ L 105, 19.4.1978, p. 5. Regulation as last amended by Regu-

lation (EC) No 2931/95 (OJ L 307, 20.12.1995, p. 10).

(4) OJ L 212, 21.7.1982, p. 5. Regulation as last amended by Regu-
lation (EC) No 3337/94 and repealed by Regulation (EC) No 823/96
(OJ L 111 of 4.5.1996, p. 9).

In the case of exports to the United States, there are
cases where no refund is fixed for certain milk products.
Article 2 of Regulation (EEC) No 776/78 provided for an
exception for determining the lowest rate of the refund,
since at that time the measures in force in the United
States guaranteed that Community products which had
benefited from a refund for other destinations could not
be imported into the United States. However, although
initially imports from the Community outside a quota
were not accepted into the United States, following the
conclusion of the GATT Agriculture Agreement in 1995
it became possible for milk products to be imported into
the United States under expanded quotas and over and
above the quotas. Since the guarantees needed to
prevent Community exports benefiting from refunds
from entering the United States no longer exist, and
since the statistics show that exports of certain milk
products falling within CN codes 0401, 0402, 0403,
0404 and 0405 from the Community to the United
States are lower than the quantities of the same products
from the Community imported into the United States
for consumption, Article 2 of Regulation (EEC) No 776/
78 is no longer relevant.

(5)

Regulation (EEC) No 776/78 should therefore be
repealed.

(6)

(7)

As a consequence of that repeal, account should be
taken of the fact that no refund is fixed for the products
concerned exported to the United States for the purposes
of Article 18(2) of Regulation (EC) No 800/1999, that
no part of the refund is paid once the product has left
the Community's customs territory and that payment of
the refund is subject to the additional requirements set
out in Articles 15 and 16 of that Regulation.

Since subjecting the payment of refunds to the require-
ments of Article 15 and 16 of Regulation (EC) No 800/
1999 entails a substantial change in the administrative
procedures for both the national authorities and expor-
ters, it has administrative implications and represents a
significant financial burden. Obtaining the proof referred
to in Article 16 of that Regulation can pose considerable
administrative difficulties in some countries.

20.3.2004

EN

Official Journal of the European Union

L 83/5

(8)

(9)

(10)

Article 16 of Regulation (EC) No 800/1999 indicates
which documents may serve as proof that customs form-
alities for importation have been completed in a third
country in cases where the refund rate is differentiated
according to destination. Under
the
Commission may decide, in certain specific cases to be
determined, that proof of import as referred to in that
Article may be furnished by a specific document or in
any other way.

that Article,

To alleviate some of the administrative and financial
constraints imposed on exporters who have concluded
contracts before the entry into force of the new arrange-
ments, and in order to allow the authorities and expor-
ters to set up the new arrangements for the products
concerned and introduce the procedures needed to
ensure that all
the formalities to be completed run
smoothly, a transitional period is necessary during
which proof that customs formalities for importation
have been completed is made easier.

introduces

products (1)

Commission Regulation (EC) No 351/2004 of 26
February 2004 fixing the export refunds on milk and
milk
differentiated
according to destination for all milk products from 27
February 2004. The provisions of
this Regulation
relating to the proof that customs formalities for impor-
tation have been completed in a third country must
apply from the same date.

refunds

(11)

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:

Regulation (EEC) No 776/78 is hereby repealed.

Article 1

Article 2

In the case of exports of products falling within CN codes
0401 to 0405 carried out under Article 31 of Regulation (EC)
No 1255/1999 for which the exporter is unable to provide the
proof referred to in Article 16(1) of Regulation (EC) No 800/
1999, the product shall be deemed to have been imported into
a third country on presentation of a copy of the transport
document and one of the documents listed in Article 16(2) of
Regulation (EC) No 800/1999.

Article 3

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

Article 2 shall apply to export declarations accepted from 27
February 2004 until 31 December 2004.

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

Done at Brussels, 19 March 2004.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 60, 27.2.2004, p. 46.