Commission Regulation (EC) No 240/2005 of 11 February 2005 repealing Regulations (EC) No 2294/2000 and (EC) No 1369/2002 in the milk and milk products sector
Date: 2005-02-11
Institutions: European Commission
Subjects: customs formalities, derogation from EU law, export refund, milk, milk product

L 42/10

EN

Official Journal of the European Union

12.2.2005

COMMISSION REGULATION (EC) No 240/2005

of 11 February 2005

repealing Regulations (EC) No 2294/2000 and (EC) No 1369/2002 in the milk and milk products
sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

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 Article 31(14) thereof,

Whereas:

(EC) No

351/2004

Regulation

Commission
of
26 February 2004 fixing the export refunds on milk
and milk products (4)
introduced differentiated refunds
according to the destination for all milk products from
27 February 2004. As from the same date Commission
Regulation (EC) No 519/2004 of 19 March 2004 dero-
gating from Regulation (EC) No 800/1999 as regards
exports of milk and milk products (5)
laid down
provisions relating to the proof that customs formalities
for importation have been completed in a third country.

(1)

(2)

that

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
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
laid down
offering equivalent guarantees.

conditions

are

Such exceptions were provided for by Commission Regu-
lation (EC) No 2294/2000 of 16 October 2000 dero-
gating from Article 31(10) of Council Regulation (EC) No
1255/1999 on the common organisation of the market
in milk and milk products as regards proof of arrival at
destination in the case of differentiated refunds and
the
laying down detailed rules for the application of
lowest export refund rate for certain milk products (2)
and by Commission Regulation (EC) No 1369/2002 of
26 July 2002 derogating from Article 31(10) of Council
Regulation (EC) No 1255/1999 as regards proof of
arrival
case of differentiated
refunds and laying down detailed rules for the appli-
cation of the lowest export refund rate for certain milk
products (3).

at destination in the

(4)

(5)

Commission Regulations (EC) No 2294/2000 and (EC)
No 1369/2002 are no more relevant and should
therefore be repealed.

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

Regulations (EC) No 2294/2000 and (EC) No 1369/2002 are
hereby repealed.

Article 2

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 11 February 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation last

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

(2) OJ L 262, 17.10.2000, p. 14.
(3) OJ L 198, 27.7.2002, p. 37.

(4) OJ L 60, 27.2.2004, p. 46.
(5) OJ L 83, 20.3.2004, p. 4.