COMMISSION REGULATION (EC) No 417/97 of 4 March 1997 amending Regulation (EC) No 1466/95 laying down special detailed rules of application for export refunds on milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European 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 (EC) No 1587/96 (2), and in particular Article 17 (14) thereof,

Whereas Commission Regulation (EC) No 1466/95 (3), as last amended by Regulation (EC) No 1895/96 (4), lays down special detailed rules of application for export refunds on milk and milk products; whereas Article 8 (3) of Regulation (EEC) No 3665/87 (5), as last amended by Regulation (EC) No 300/97 (6), allows refunds to be granted on ingredients of Community origin of processed cheese manufactured under the inward processing arrangements; whereas certain detailed rules should be laid down in order to ensure the proper operation and effective supervision of this specific measure and, therefore, Regulation (EC) No 1466/95 should be amended;

Whereas 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

The following Article 1c is hereby added to Regulation (EC) No 1466/95:

'Article 1c

1. This Article shall apply to applications for export licences for milk and milk products exported in the form of products falling within subheading 0406 30 of the combined nomenclature, in accordance with the indent of Article 8 (3) of Regulation (EEC) No 3665/87.

2. The licence application and licence shall contain a reference to this Article in box 20.

3. The licence application shall be accompanied by the authorization granted by the competent authorities to have recourse to the customs arrangements in question.

4. The Member State shall take the necessary measures under these arrangements for identifying and checking the quality and quantity of the product referred to in paragraph 1 for which a refund has been requested as well as the application of the rules on eligibility for refunds.`

Article 2

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

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

Done at Brussels, 4 March 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 148, 28. 6. 1968, p. 13.

(2) OJ No L 206, 16. 8. 1996, p. 21.

(3) OJ No L 144, 28. 6. 1995, p. 22.

(4) OJ No L 247, 28. 9. 1996, p. 36.

(5) OJ No L 351, 14. 12. 1987, p. 1.

(6) OJ No L 50, 20. 2. 1997, p. 18.