Commission Regulation (EC) No 915/2004 of 29 April 2004 repealing certain Regulations in the milk and milk products sector
Date: 2004-04-29
Institutions: European Commission
Subjects: Australia, EC Regulation, Norway, cheese, export licence, milk, repeal

30.4.2004

EN

Official Journal of the European Union

L 163/79

COMMISSION REGULATION (EC) No 915/2004

of 29 April 2004

repealing certain Regulations in the milk and milk products sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

be furnished by the trader. Regulation (EEC) No 2730/
81 has therefore become devoid of purpose and may be
repealed.

Having regard to Council Regulation (EEC) No 2931/79 of 20
December 1979 on the granting of assistance for the exporta-
tion of agricultural products which may benefit from a special
import treatment in a third country (1), and in particular Article
1(2) thereof,

(2)

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 (2), and in particular Articles 26(3) and
31(14) thereof,

Whereas:

(1)

Article 14 of Commission Regulation (EEC) No 2729/81
of 14 September 1981 laying down special rules imple-
menting the system of import and export licences and
the advance fixing of refunds in respect of milk and milk
products (3) provides that for the purposes of applica-
tions for licences with advance fixing of
the refund
submitted under a tendering procedure opened in a non-
member country, the only invitations to tender that may
be considered are those issued by public agencies or
bodies governed by public law appearing on the list
attached to Commission Regulation (EEC) No 2730/81
of 14 September 1981 establishing a list of agencies in
non-member importing countries entitled to issue invita-
tions to tender in the milk and milk products sector (4).
This provision was
reproduced in Article 6(1) of
Commission Regulation (EC) No 1466/95 of 27 June
1995 laying down special detailed rules of application
for export refunds on milk and milk products (5), which
repeals Regulation (EEC) No 2729/81. Commission
Regulation (EC) No 174/1999 of 26 January 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 (6), which replaces Regulation (EC) No 1466/
95, makes no further reference to Regulation (EEC) No
2730/81 and provides in Article 8 that proof that the
agency is public or subject to public law will henceforth

Article 1(1) of Regulation (EEC) No 2931/79 provides
that when agricultural products are exported which may,
under agreements concluded by the Community, qualify
for special treatment on importation into a third country
if certain conditions are met, the competent authorities
of the Member States will, on request and after appro-
priate checks are made, issue a document certifying that
the conditions have been met. In accordance with that
Regulation, Commission Regulation (EEC) No 3305/82
of 9 December 1982 laying down detailed rules for the
provision of administrative assistance in connection with
the export of cheeses eligible for special treatment on
import into Norway (7) requires exporters to present a
certificate attesting to the Community origin of
the
cheeses exported. Paragraph 4(1) of Annex IV to the
letters
Agreement
between the European Economic Community and the
Kingdom of Norway concerning certain arrangements in
agriculture (8) provides that products will benefit from
the Agreement upon submission of either a movement
certificate EUR.1 or an invoice. Regulation (EEC) No
3305/82 may therefore be repealed since the presenta-
tion of the certificate referred to in Article 1 thereof is
no longer required.

in the form of an exchange of

(3)

Commission Regulation (EEC) No 3439/83 of 5
December 1983 laying down special conditions for the
export of certain cheeses to Australia (9) provides for a
special certificate to be presented to the authorities of
that country attesting that
the Community cheeses
imported have benefitted from a lower refund than
those set for other destinations. With the adoption of
Commission Regulation (EC) No 1776/96 of 12
September 1996 fixing the export refunds on milk and
milk products (10)
for cheeses exported to
Australia are no longer fixed and consequently Regu-
lation (EEC) No 3439/83 has become devoid of purpose
and may be repealed.

refunds

(1) OJ L 334, 28.12.1979, p. 8.
(2) OJ L 160, 26.6.1999, p. 48. Regulation last amended by Commis-

sion Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(3) OJ L 272, 26.9.1981, p. 19. Regulation repealed by Regulation (EC)

No 1466/95.

(4) OJ L 272, 26.9.1981, p. 25. Regulation last amended by Regulation

(EC) No 763/94 (OJ L 90, 7.4.1994, p. 13).

(5) OJ L 144, 28.6.1995, p. 22. Regulation repealed by Regulation (EC)

No 174/1999.

(4)

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

(7) OJ L 350, 10.12.1982, p. 11. Regulation amended by Regulation

(EEC) No 222/88, (OJ L 28, 1.2.1988, p. 1).

(8) OJ L 109, 1.5.1993, p. 47.
(9) OJ L 340, 6.12.1983, p. 7. Regulation last amended by Regulation

(6) OJ L 20, 27.1.1999, p. 8. Regulation last amended by Regulation

(EC) No 1948/2003 (OJ L 287, 5.11.2003 p. 13).

(EEC) No 222/88.

(10) OJ L 232, 13.9.1996, p. 19.

L 163/80

EN

Official Journal of the European Union

30.4.2004

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

Regulations (EEC) No 2730/81, (EEC) No 3305/82 and (EEC)
No 3439/83 are hereby repealed.

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

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

Done at Brussels, 29 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission