Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products

27.3.2004 EN Official Journal of the European Union L 90/58
COMMISSION REGULATION (EC) No 580/2004
of 26 March 2004
establishing a tender procedure concerning export refunds for certain milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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 26(3) and Article 31(3)(b) and (14) thereof,
Whereas:
(1) According to Article 31(1) of Regulation (EC) No 1255/1999 the difference between the prices in world trade and in the Community may be covered for certain milk products by export refunds to the extent necessary to enable those products to be exported within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.
(2) This Regulation should cover export refunds for skimmed milk powder and butter covered by certain product codes listed in section 9 of Annex I to Commission Regulation (EEC) No 3846/87 of 17 December 1987 establishing an agricultural product nomenclature for export refunds (2). For the purpose of this Regulation the products in question should be in a bulk pack. In addition, it is necessary to limit the scope of footnote 13 to section 9 in relation to skimmed milk powder by setting a maximum limit for non-lactic additions to ensure that offers are made for a standard product.
(3) In order to achieve an efficient administration of Community funds, to take better account of changing export possibilities for the products concerned and to increase transparency and the opportunity for operators to participate in the export scheme, refunds for those products should be fixed by a tender procedure, as was already provided for in Article 17(2) of Council Regulation (EEC) No 804/68 (3).
(4) The destinations for which refunds may be fixed are indicated in Commission Regulation (EC) No 1523/2003 of 28 August 2003 fixing the export refund on milk and milk products (4).
(5) To ensure equal treatment for all interested parties, all Commission decisions relating to the tender should be published in the Official Journal of the European Union.
(6) In order to reduce the administrative burden on operators and national administrations the tendering procedure should be incorporated in the export licence application procedure and the tender security should also constitute the licence security. Tenders should contain the data needed to assess them, and communications between Member States and the Commission should be provided for. In view of the sensitivity of the data concerned, tenders should not be examined in public.
(7) A tendering security should ensure that the accepted quantities are exported pursuant to the licence issued under the invitation to tender. The security should accordingly be forfeited where quantities are not exported. Therefore provisions should be adopted for the lodging, the release and the forfeiting of the tendering security in addition to Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (5).
(8) A maximum export refund should be fixed. However, situations may arise on the market in which economic or other aspects urge that none of the tenders received be accepted.
(9) Detailed rules should be laid down to ensure that tenderers are notified of the outcome of the invitation to tender and that the necessary licences are issued for the export of the quantities allocated.
(10) By way of derogation from Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (6), the rights deriving from licences should be confined to the successful tenderers to avoid speculation.
(11) 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 (7), applies to all export licences and export refunds in the dairy sector. To the extent necessary derogations from this Regulation should be provided. They should concern the refund amount applicable, the provision relating to applications lodged on Thursdays and the product code of the nomenclature for refunds indicated in licences. In addition, as licences issued in the context of the tender are for specific products, the provisions in relation to the use of a licence for another product should not be applicable. To ensure all licences have the same validity period the closing date for the submission of tenders should be taken as the commencement date.
(12) The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,