Commission Regulation (EC) No 508/2006 of  29 March 2006  amending Regulation (EC) No 174/1999 as regards export licences for milk powder exported to the Dominican Republic
Date: 2006-03-29
Institutions: European Commission
Subjects: Dominican Republic, export licence, export refund, powdered milk

L 92/10

EN

Official Journal of the European Union

30.3.2006

COMMISSION REGULATION (EC) No 508/2006

of 29 March 2006

amending Regulation (EC) No 174/1999 as regards export licences for milk powder exported to the
Dominican Republic

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

switch products provided that
they have an identical
export refund rate and provided the exporter makes
such request before completion of the export formalities.

Having regard to the Treaty
Community,

establishing the European

(4)

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 30(1) thereof,

Whereas:

(1)

(2)

(3)

Article 20a 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 rules
for administering the milk powder
quota for export to the Dominican Republic under the
Memorandum of Understanding between the European
Community and the Dominican Republic, approved by
Council Decision 98/486/EC (3).

Given an increasing interest for milk powder in retail
packs in the Dominican Republic it is appropriate to
include the product code 0402 10 11 9000 in the list
of products eligible for an export licence under Article
20a of Regulation (EC) No 174/1999.

Since there might be a considerable period of
time
between the day on which a licence application has
been lodged and the time of actual export, experience
has shown that it is very difficult to foresee which will
be the final packaging of the product on the day of its
export. To solve this problem it should be allowed to

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

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

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

(EC) No 409/2006 (OJ L 71, 10.3.2006, p. 5).

(3) OJ L 218, 6.8.1998, p. 45.

Paragraph 4(a) of Article 20a reserves a part of the quota
they have
to those exporters who can prove that
exported the products concerned during each of
the
three calendar years prior to the period for submission
It appears, due to specific temporary
of applications.
that some
circumstances in the Dominican Republic,
traditional exporters have not been able to actually
export in one of the reference years, although they can
prove regularity in their export patterns. It is therefore
appropriate to extend the reference period.

(5)

Regulation (EC) No 174/1999 should therefore be
amended accordingly.

(6)

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

Article 20a of Regulation (EC) No 174/1999 is amended as
follows:

1. In paragraph 3, product code 0402 10 11 9000 is inserted

before code 0402 10 19 9000;

2. In paragraph 4, point (a) is replaced by the following:

‘(a) the first part, equal

to 80 % or 17 920 t, shall be
distributed among Community exporters who can
prove that they have exported products as referred to
in paragraph 3 to the Dominican Republic during at
least
to the
period for submission of applications;’

the four calendar years prior

three of

30.3.2006

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Official Journal of the European Union

L 92/11

3. The following paragraph 18 is added:

(b) the serial number of the licence or the licence extract

‘18.
licence
By way of derogation from Article 5(1),
holders may on request obtain a change of the code in
Section 16 of the export licence to another code referred
to in paragraph 3 of
this Article, where the refund is
identical.

Such request shall be lodged before completion of the form-
alities referred to in Article 5 or 26 of Regulation (EC)
No 800/1999.

Within two working days after a product code change, the
competent authorities of the Member State shall report to
the Commission:

(a)

the name and the address of the licence holder,

and the date of issue,

(c)

the initial product code,

(d) the final product code.’

Article 2

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

It shall only apply to export licences applied for in accordance
with Article 20a of Regulation (EC) No 174/1999 as from
1 April 2006.

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

Done at Brussels, 29 March 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission