Commission Regulation (EC) No 449/2005 of 18 March 2005 derogating from Regulation (EC) No 174/1999 as regards the term of validity of export licences in the milk and milk products sector
Date: 2005-03-18
Institutions: European Commission
Subjects: export licence, export refund, milk, milk product

L 74/28

EN

Official Journal of the European Union

19.3.2005

COMMISSION REGULATION (EC) No 449/2005

of 18 March 2005

derogating from Regulation (EC) No 174/1999 as regards the term of validity of export licences in
the milk and milk products sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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 Article 31(14) thereof,

(6)

Whereas:

Article 6 of 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 (2)
lays down the term of
validity of export licences.

The Russian Federation has imposed new requirements
on the approval of dairy processing establishments
exporting to Russia in the Czech Republic, Estonia,
Cyprus,
Poland,
Slovenia and Slovakia (hereinafter referred to as the
new Member States).

Lithuania, Hungary, Malta,

Latvia,

(7)

(8)

New Russian certification conditions require community
exporters to have as from 1 January 2005 at the latest
pre-export certificates to prove veterinary and sanitary
compliance of animal and animal products, originating
from a Member State other than the exporting Member
State, contained in the final product.

Since the set up of a new administrative system and the
establishment of appropriate procedures between the
Member States in respect of the issue and the exchange
of those pre-export certificates needs time and the system
in all Member States, some
is not
licences
exporters will not be able to use export
those pre-
expiring on 31 January 2005, by lack of
export certificates.

fully operational

It is appropriate, in these circumstances, to provide for
an extension of the term of validity of the export licences
issued
and
November 2004.

September, October

in July, August,

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

Despite the control of dairy establishment carried out by
the Russian veterinary authorities during last months, the
Russian authorities have not yet provided the competent
authorities of the new Member States with the list of
approved establishments.

Many operators, expecting the dairy establishments to be
approved since they meet the requirements 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 (3), have not ceased to apply on a continuous
base for export licences to maintain their normal trade
pattern towards Russia. However, they will not be able to
use these licences before their term of validity.

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 6 of Regulation (EC) No
174/1999, export licences with advance fixing of the refund,
with destination Russia, which have been issued in the months
of July, August, September, October and November 2004,
in
respect of the products referred to in points (a) to (d) of that
Article, shall be valid until 30 April 2005.

(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 20, 27.1.1999, p. 8. Regulation last amended by Regulation

(EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

(3) OJ L 268, 14.9.1992, p. 1. Directive last amended by the 2003 Act

of Accession

Article 2

On request of the holder, the term of validity of licences as
provided for in Article 1 is adjusted by the competent autho-
rities of the Member States.

(1)

(2)

(3)

(4)

19.3.2005

EN

Official Journal of the European Union

L 74/29

Article 3

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

Article 1 shall apply from 1 July 2004.

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