Commission Regulation (EC) No 409/2006 of  9 March 2006  amending Regulations (EC) No 174/1999, (EC) No 581/2004 and (EC) No 582/2004 as regards the security levels on export licences in the milk sector
Date: 2006-03-09
Institutions: European Commission
Subjects: award of contract, export licence, export refund, milk, milk product

10.3.2006

EN

Official Journal of the European Union

L 71/5

COMMISSION REGULATION (EC) No 409/2006

of 9 March 2006

amending Regulations (EC) No 174/1999, (EC) No 581/2004 and (EC) No 582/2004 as regards the
security levels on export licences in the milk sector

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 Article 31(14) thereof,

(5)

(6)

Whereas:

is appropriate,

It
in order to establish a correlation
between refund and security amount and aiming at a
harmonised approach for all refunds applicable, to fix
the tendering securities by way of a percentage of the
refund amount.

Regulations (EC) No 174/1999, (EC) No 581/2004 and
(EC) No 582/2004 should therefore be
amended
accordingly.

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

(1)

(2)

Article 9 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) establishes the securities to
be lodged on the day export licence applications are
submitted.

HAS ADOPTED THIS REGULATION:

Article 1

In the first paragraph of Article 9 of Regulation (EC) No
(c) and (d) are replaced by the
174/1999, points (a),
following:

(b),

Article 3 of Commission Regulation (EC) No 581/2004
of 26 March 2004 opening a standing invitation to
tender for export refunds concerning certain types of
butter (3) and Article 3 of Commission Regulation (EC)
No 582/2004 of 26 March 2004 opening a standing
concerning
for export
invitation to tender
skimmed milk powder (4) provide for the amounts of
the tendering security to be lodged before the end of
the period during which tenders may be submitted.

refunds

‘(a) 15 % for products covered by CN code 0405;

(b) 15 % for products covered by CN code 0402 10;

(c) 15 % for products covered by CN code 0406;

(d) 15 % for other products.’

(3)

Following the trend of export refunds over the past
months, it is appropriate to adjust the level of the secu-
rities while still ensuring that they remain sufficiently
high to prevent speculative applications.

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

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

(EC) No 2107/2005 (OJ L 337, 22.12.2005, p. 20).

(3) OJ L 90, 27.3.2004, p. 64. Regulation as last amended by Regu-

lation (EC) No 1239/2005 (OJ L 200, 30.7.2005, p. 32).

(4) OJ L 90, 27.3.2004, p. 67. Regulation as last amended by Regu-

lation (EC) No 1239/2005.

Article 2

In Article 3(2) of Regulation (EC) No 581/2004,
paragraph is replaced by the following:

the first

The tendering security shall be 15 % of

‘2.
the most
recent maximum tender
the
product codes and the destinations referred to in Article
1(1).

refund amount

fixed for

The tendering security may not, however, be less than
EUR 6 per 100 kg.’

L 71/6

EN

Official Journal of the European Union

10.3.2006

Article 3

In Article 3(2) of Regulation (EC) No 582/2004,
paragraph is replaced by the following:

the first

The tendering security may not, however, be less than
EUR 6 per 100 kg.’

The

tendering

‘2.
the
most recent maximum tender refund amount
fixed for
the product codes and the destinations referred to in
Article 1(1).

shall be 15 % of

security

Article 4

This Regulation shall enter into force on the third day following
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, 9 March 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission