Commission Regulation (EC) No 450/2005 of 18 March 2005 on proof that customs formalities for importation of milk and milk products in third countries have been completed as provided for in Article 16 of Regulation (EC) No 800/1999
Date: 2005-03-18
Institutions: European Commission
Subjects: customs formalities, export, milk, milk product

L 74/30

EN

Official Journal of the European Union

19.3.2005

COMMISSION REGULATION (EC) No 450/2005

of 18 March 2005

on proof that customs formalities for importation of milk and milk products in third countries have
been completed as provided for in Article 16 of Regulation (EC) No 800/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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) thereof,

Whereas:

(1)

(2)

(3)

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 may be made to
this rule in accordance with the procedure laid down in
Article 42 of the same Regulation, provided conditions
are laid down which offer equivalent guarantees.

Commission Regulation (EC) No 351/2004 of 26
February 2004 fixing the export refunds on milk and
milk products (2) has introduced refunds differentiated
according to destination for all milk products from 27
February 2004.

Article 16 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 (3)
indicates which documents may
serve as proof that customs formalities for importation
have been completed in a third country in cases where
the refund rate is differentiated according to destination.
in
Under
certain specific cases to be determined, that proof of
import as referred to that Article may be furnished by
a specific document or in any other way.

the Commission may decide,

that Article,

refunds

subjecting

Since
to the
the payment of
requirements of Article 16 of Regulation (EC) No
800/1999 entails a substantial change in the adminis-
trative procedures for both the national authorities and
exporters,
and
administrative
represents a significant financial burden. Obtaining the
proof referred to in Article 16 of that Regulation can
in some
pose considerable administrative difficulties
countries.

implications

has

it

(5)

(6)

(7)

imposed on exporters, and in order

the administrative and financial
To alleviate some of
constraints
to
allow the authorities and exporters 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, 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 (4) provides for a transitional period
during which the proof
that customs formalities for
importation have been completed is made easier. Those
provisions expire on 31 December 2004.

However, in many of the countries of destination appro-
priate procedures and adequate means to provide for the
necessary documents are still not in place. In order to
prevent traders from not being granted the export refund
for a lack of administrative procedures in the third
countries,
it is necessary to continue to provide for a
transitional regime for the year 2005. On the basis of
the experience gained in the application of Regulation
(EC) No 519/2004, the transitional regime provided for
in that Regulation should be adapted in order to provide
for the submission of additional documents.

the Member States,

It is appropriate to remind the provisions of Article 20 of
Regulation (EC) No 800/1999 allowing the competent
authorities of
in case any doubt
exists as to the destination of the exported products, to
require additional evidence for all refunds proving to
their satisfaction that
the product has actually been
placed on the market in the importing third country.

(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 60, 27.2.2004, p. 46.
(3) OJ L 102, 17.4.1999, p. 11. Regulation last amended by Regulation

(EC) No 671/2004 (OJ L 105, 14.4.2004, p. 5).

(8)

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

(4) OJ L 83, 20.3.2004, p. 4.

19.3.2005

EN

Official Journal of the European Union

L 74/31

HAS ADOPTED THIS REGULATION:

Article 1

In the case of exports of products falling within CN codes
1.
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) and (2) of Regulation (EC) No
800/1999, products shall, by derogation from that Article, be
deemed to have been imported into a third country on presen-
tation of the following three documents:

(a) a copy of the transport document;

(b) a declaration that the product has been unloaded, drawn up
by an official authority of the third country in question, by
the official authorities of a Member State established in the
country of destination, or by an international supervisory
agency approved in conformity with Articles 16a to 16f of
Regulation (EC) No 800/1999, certifying that the product
to the
has left

the place of unloading or at

that,

least

knowledge of
declaration,
reloaded for re-exportation;

the

the product has not

authority or

agency

the
issuing
subsequently been

(c) a bank document issued by approved intermediaries estab-
lished in the Community, certifying that payment for the
export in question has been credited to the account of the
exporter opened with them, or the proof of payment.

For the purposes of applying Article 20 of Regulation (EC)
the

2.
No 800/1999 Member States shall
provisions laid down in paragraph 1.

take into account

Article 2

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

It shall apply to export declarations accepted from 1 January
2005 until 31 December 2005.

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

Done at Brussels, 18 March 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission