Commission Regulation (EEC) No 369/85 of 13 February 1985 amending Regulation (EEC) No 2729/81 as regards the transferability of rights arising from an export licence in the milk and milk products sector and repealing Regulation (EEC) No 664/83

COMMISSION  REGULATION (EEC) No 369/85
of 13 February 1985
amending Regulation (EEC) No 2729/81 as regards the transferability of rights arising from an export licence in the milk and milk products sector and repealing Regulation (EEC) No 664/83
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (1), as last amended by Regulation (EEC) No 1557/84 (2), and in particular Articles 13 (3) and 17 (4) thereof,
Whereas the special rules implementing the system of import and export licences and the advance-fixing of refunds in respect of milk and milk products were laid down in Commission Regulation (EEC) No 2729/81 (3), as last amended by Regulation (EEC) No 1994/84 (4); whereas Article 10 (2) of the said Regulation lays down that by way of derogation from Article 9 (1) of Commission Regulation (EEC) No 3183/80 of 3 December 1980 laying down common detailed rules for the application of the system of import and export licences and advance-fixing certificates for agricultural products (5), as last amended by Regulation (EEC) No 1994/84, the rights arising from an export licence with advance-fixing of the refund for products falling within subheading 04.02 A II b) and heading No 04.03 of the Common Customs Tariff shall not be transferable;
Whereas the said derogation was temporarily suspended until 31 March 1985 by Commission Regulation (EEC) No 664/83 (6) as amended by Regulation (EEC) No 180/84 (7), on the grounds that the non-transferability of rights had adverse effects on trade;
Whereas the experience acquired has shown that this suspension has not given rise to problems of a speculative nature; whereas, by contrast, suspension has had a positive effect on trade; whereas provision should be made for the transferability of the rights arising from an export licence:
Whereas, for reasons of clarity, Regulation (EEC) No 664/83 should be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,