Commission Regulation (EC) No 1962/2005 of  30 November 2005  derogating from Regulation (EC) No 800/1999 as regards the determination of the refund rate for milk and milk products in the case of supplies as referred to in Articles 36 and 44 of that Regulation and carried out from  1  to  16 June 2005
Date: 2005-11-30
Institutions: European Commission
Subjects: export refund, milk, milk product

1.12.2005

EN

Official Journal of the European Union

L 315/13

COMMISSION REGULATION (EC) No 1962/2005

of 30 November 2005

derogating from Regulation (EC) No 800/1999 as regards the determination of the refund rate for
milk and milk products in the case of supplies as referred to in Articles 36 and 44 of that
Regulation and carried out from 1 to 16 June 2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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,

Whereas:

(EC) No 800/1999, before the date of the entry into
force of Regulation (EC) No 909/2005, should not be
affected. In order to determine that refund, it is therefore
necessary to set the date to be used for that purpose, by
way of derogation from Article 37(2) of Regulation (EC)
No 800/1999.

(4)

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

(1)

(2)

As from 17 June 2005, Commission Regulation (EC)
No 909/2005 of 16 June 2005 fixing the export
for milk and milk products (2) no longer
refunds
provides for export refunds on supplies as referred to
in Articles 36 and 44 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 agricultural products (3).

In accordance with Article 37 of Regulation (EC)
No 800/1999, Member States may authorise exporters
to follow a procedure whereby the last day of
the
month is used to determine the rate of refund applicable
to supplies as referred to in Articles 36 and 44 of that
Regulation loaded each month.
therefore not
possible to determine the rate of refund applicable to
supplies of milk and milk products carried out under
that procedure from 1 to 16 June 2005.

is

It

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 37(2) of Regulation (EC)
No 800/1999,
the date 16 June 2005 shall be used to
determine the rate of refund applicable to milk and milk
products in the case of supplies as referred to in Article
36(1)(a) and (c) and in Article 44(1)(a) and (b) of that Regu-
lation and carried out from 1 to 16 June 2005 in accordance
with the procedure provided for in Article 37 of that Regu-
lation.

Article 2

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

(3)

Entitlement to the refund on supplies carried out under
the procedure provided for in Article 37 of Regulation

It shall apply from 1 June 2005.

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

Done at Brussels, 30 November 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 154, 17.6.2005, p. 10.
(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).