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
Modified by
  • Commission Regulation (EC) No 1596/1999of 20 July 1999amending Regulation (EC) No 174/1999 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, 399R1596, July 21, 1999
  • Commission Regulation (EC) No 1961/2000of 15 September 2000amending Regulation (EC) No 174/1999 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, 300R1961, September 16, 2000
  • Commission Regulation (EC) No 1998/2000of 21 September 2000amending Regulation (EC) No 1374/98 laying down detailed rules for the application of the import arrangements and opening tariff quotas for milk and milk products, and Regulation (EC) No 174/1999 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, 300R1998, September 22, 2000
  • Commission Regulation (EC) No 2114/2000of 5 October 2000amending Regulation (EC) No 174/1999 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, 300R2114, October 6, 2000
  • Commission Regulation (EC) No 2287/2000of 13 October 2000amending Regulation (EEC) No 3846/87 establishing an agricultural product nomenclature for export refunds and Regulation (EC) No 174/1999 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 producdtsCorrigendum to Commission Regulation (EC) No 2287/2000 of 13 October 2000 amending Regulation (EEC) No 3846/87 establishing an agricultural product nomenclature for export refunds and Regulation (EC) No 174/1999 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(Official Journal of the European Communities L 260 of 14 October 2000), 300R2287300R2287R(01), October 14, 2000
  • Commission Regulation (EC) No 2357/2000of 24 October 2000amending Regulation (EC) No 174/1999 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, 300R2357, October 25, 2000
  • Commission Regulation (EC) No 2884/2000of 27 December 2000amending Regulation (EC) No 174/1999 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, 300R2884, December 29, 2000
  • Commission Regulation (EC) No 806/2001of 26 April 2001amending Regulation (EC) No 174/1999, as regards management of the milk powder quota for export to the Dominican Republic, 301R0806, April 27, 2001
  • Commission Regulation (EC) No 1202/2001of 19 June 2001amending Regulation (EC) No 174/1999 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, 301R1202, June 20, 2001
  • Commission Regulation (EC) No 1370/2001of 5 July 2001amending Regulation (EC) No 174/1999 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, 301R1370, July 6, 2001
  • Commission Regulation (EC) No 1681/2001of 22 August 2001amending Regulation (EC) No 174/1999 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 and Regulation (EC) No 1498/1999 laying down rules for the implementation of Council Regulation (EEC) No 804/68 as regards communications between the Member States and the Commission in the milk and milk products sector, 301R1681, August 23, 2001
  • Commission Regulation (EC) No 1923/2001of 28 September 2001amending Regulation (EC) No 174/1999 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, 301R1923, September 29, 2001
  • Commission Regulation (EC) No 2298/2001of 26 November 2001laying down detailed rules for the export of products supplied as food aid, 301R2298, November 27, 2001
  • Commission Regulation (EC) No 156/2002of 28 January 2002amending Regulation (EC) No 174/1999 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, 302R0156, January 29, 2002
  • Commission Regulation (EC) No 787/2002of 13 May 2002amending Regulation (EC) No 174/1999, laying down 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, as regards exports to Switzerland, 302R0787, May 14, 2002
  • Commission Regulation (EC) No 1166/2002of 28 June 2002amending Regulation (EC) No 174/1999 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, 302R1166, June 29, 2002
  • Commission Regulation (EC) No 1368/2002of 26 July 2002amending Regulation (EC) No 174/1999 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, 302R1368, July 27, 2002
  • Commission Regulation (EC) No 1472/2002of 13 August 2002amending Regulation (EC) No 174/1999 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, 302R1472, August 14, 2002
  • Commission Regulation (EC) No 2279/2002of 19 December 2002amending Regulation (EC) No 174/1999 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, 302R2279, December 20, 2002
  • Commission Regulation (EC) No 186/2003of 31 January 2003amending Regulation (EC) No 174/1999 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, 303R0186, February 1, 2003
  • Commission Regulation (EC) No 754/2003of 29 April 2003amending Regulation (EC) No 174/1999 laying down 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, 303R0754, April 30, 2003
  • Commission Regulation (EC) No 833/2003of 14 May 2003amending Regulation (EC) No 174/1999 laying down special detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the milk and milk products sector, 303R0833, May 15, 2003
  • Commission Regulation (EC) No 1392/2003of 4 August 2003amending Regulation (EC) No 174/1999 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, 303R1392, August 5, 2003
  • Commission Regulation (EC) No 1948/2003of 4 November 2003amending Regulation (EC) No 174/1999 as regards export licences and export refunds for cheese intended for Croatia and Russia, and derogating from that Regulation, 303R1948, November 5, 2003
  • Commission Regulation (EC) No 597/2004of 30 March 2004derogating from and amending Regulation (EC) No 174/1999 as regards export licences for milk powder exported to the Dominican Republic, 304R0597, March 31, 2004
  • Commission Regulation (EC) No 810/2004of 29 April 2004adapting several regulations concerning the common organisation of the milk and milk products market by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union, 304R0810, June 16, 2004
  • Commission Regulation (EC) No 1846/2004of 22 October 2004amending Regulation (EC) No 174/1999 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, 304R1846, October 23, 2004
  • Commission Regulation (EC) No 2250/2004of 27 December 2004amending Regulations (EEC) No 429/90, (EC) No 2571/97, (EC) No 174/1999, (EC) No 2771/1999, (EC) No 2799/1999, (EC) No 214/2001, (EC) No 580/2004, (EC) No 581/2004 and (EC) No 582/2004 as regards the time limits for the submission of tenders and for the communication to the Commission, 304R2250, December 28, 2004
  • Commission Regulation (EC) No 558/2005of 12 April 2005 amending Regulations (EEC) No 3846/87 establishing an agricultural product nomenclature for export refunds and (EC) No 174/1999 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, 305R0558, April 13, 2005
  • Commission Regulation (EC) No 1513/2005of 16 September 2005amending Regulation (EC) No 174/1999 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, 305R1513, September 17, 2005
  • Commission Regulation (EC) No 2107/2005of 21 December 2005amending Regulations (EC) No 174/1999, (EC) No 2771/1999, (EC) No 2707/2000, (EC) No 214/2001 and (EC) No 1898/2005 in the milk sector, 305R2107, December 22, 2005
Corrected by
  • Corrigendum to 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, 399R0174R(01), January 28, 1999
  • Corrigendum to Commission Regulation (EC) No 2287/2000 of 13 October 2000 amending Regulation (EEC) No 3846/87 establishing an agricultural product nomenclature for export refunds and Regulation (EC) No 174/1999 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, 300R2287R(01), October 19, 2000
Commission Regulation (EC) No 174/1999of 26 January 1999laying 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 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 organisation of the market in milk and milk productsOJ L 148, 28. 6. 1968, p. 13., as last amended by Regulation (EC) No 1587/96OJ L 206, 16. 8. 1996, p. 21., and in particular Articles 13(3), 16a(1) and 17(9) and (14) thereof,1.Whereas Commission Regulation (EC) No 1466/95 of 27 June 1995 laying down special detailed rules of application for export refunds on milk and milk productsOJ L 144, 28. 6. 1995, p. 22., as last amended by Regulation (EC) No 2184/98OJ L 275, 10. 10. 1998, p. 21., has been substantially amended several times; whereas, since further amendments are to be made, it should be recast in the interests of clarity and efficiency;2.Whereas under the Agriculture Agreement concluded during the Uruguay Round of the GATT trade negotiationsOJ L 336, 23. 12. 1994, p. 1. (hereinafter referred to as the "Agriculture Agreement"), export refunds on agricultural products, including milk products, are limited within each 12-month period starting from 1 July 1995 to a maximum quantity and a maximum value; whereas, in order to ensure compliance with those limits, the issue of export licences should be monitored; whereas procedures must also be adopted for allocating the quantities which may be exported with a refund;3.Whereas Regulation (EEC) No 804/68 lays down general rules for granting of export refunds in the milk and milk products sector, in order, in particular, to permit the monitoring of the value and quantity limits for refunds; whereas detailed rules for the application of those arrangements should be laid down;4.Whereas, by way of derogation from Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural productsOJ L 351, 14. 12. 1987, p. 1., as last amended by Regulation (EC) No 2334/98OJ L 291, 30. 10. 1998, p. 15., cases where a refund may be granted without presentation of an export licence should be defined and the maximum time that products may remain under customs control should be specified;5.Whereas special provisions should be adopted for the milk and milk products sector, in particular with regard to licences, by way of derogation from Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural productsOJ L 331, 2. 12. 1988, p. 1., as last amended by Regulation (EC) No 1044/98OJ L 149, 20. 5. 1998, p. 11.; whereas, in addition, the tolerance permitted by that Regulation as regards the quantity of goods exported compared with the quantity indicated on the licence should be reduced and, in order to ensure effective controls on limits, there should be no refunds paid on quantities exceeding what is indicated on the licence; whereas the securities to be lodged when licence applications are submitted should be sufficient to prevent speculative applications;6.Whereas the term of validity of export licences should be fixed; whereas that term should vary according to the products concerned, with a shorter term for products where there is a higher risk of speculation;7.Whereas, in order to ensure accurate checking of products exported and to minimise the risk of speculation, the possibility of changing the product for which a licence has been issued should be restricted;8.Whereas Article 2a(2) of Regulation (EEC) No 3665/87 lays down rules for the use of export licences with advance fixing of the refund for the exportation of products with a 12-digit code other than that shown in Section 16 of the licence; whereas this provision becomes applicable in a specific sector only if product categories as referred to in Article 13a of Regulation (EEC) No 3719/88 and product groups as referred to in point (b) of the first subparagraph of Article 2a(2) of Regulation (EEC) No 3665/87 have been defined;9.Whereas for the milk and milk product sector, product categories are already defined with reference to the categories provided for in the Agriculture Agreement; whereas in the interests of sound management this use of categories should be retained and Article 2a(2) of Regulation (EEC) No 3665/87 applied on the basis only of defined product groups;10.Whereas in the milk sector refund rates are highly differentiated, notably according to fat content; whereas, so that this arrangement will not be called into question while at the same time the proportionality objective of Article 2a(2) of Regulation (EEC) No 3665/87 is respected, the product groups should be narrowly defined and for certain products the validity of export licences should extend to products that in fat content are immediately adjacent in CN code to the product for which a refund has been fixed in advance;11.Whereas, to enable traders to participate in invitations to tender opened by third countries without affecting the restrictions as regards volume, a system of provisional licences should be introduced giving successful tenderers the right to a full licence;12.Whereas, in order to ensure effective monitoring of licences issued, which depends on the notification of information to the Commission by the Member States, a waiting time should be provided for before licences are issued; whereas, in order to ensure the smooth operation of the arrangements and, in particular, an equitable allocation of the quantities available within the limits laid down by the Agriculture Agreement, various management measures should be laid down and, in particular, provision should be made for the issue of licences to be suspended and for a reduction coefficient to be applied to the quantities applied for;13.Whereas the refund rate should be determined for products eligible for export refunds in the context of food-aid operations;14.Whereas, to ensure that licences are correctly used, for certain exports with refunds the country of destination should be defined as a compulsory destination as referred to in Article 21(1) of Regulation (EEC) No 3665/87;15.Whereas experience has shown that the number of applications for export licences for particular cheese varies according to destination; whereas, in order that special measures can be applied according to the destination indicated on licence applications, destination zones should be fixed and the destination zone indicated on export licences made obligatory for products falling within CN code 0406;16.Whereas the method for fixing the refund on milk products containing added sugar, the price of which is determined by the price of the ingredients, should be laid down according to the percentage of the ingredients contained therein; whereas, however, to facilitate the management of refunds for these products, and particularly measures to ensure compliance with commitments regarding exports in the context of the Agriculture Agreement, a maximum quantity should be fixed for sucrose incorporated for which a refund may be granted; whereas 43 % by weight of whole product is representative of the sucrose content of such products;17.Whereas Article 8(3) of Regulation (EEC) No 3665/87 provides that refunds may be granted for ingredients of Community origin in processed cheese manufactured under the inward processing arrangements; whereas certain special rules are needed to ensure that this specific measure operates properly and can be effectively checked;18.Whereas, under the Agreement concluded between the European Community and Canada approved by Council Decision 95/591/ECOJ L 334, 30. 12. 1995, p. 25. export licences issued by the European Community must be presented for cheese qualifying for preferential terms on import into Canada; whereas the detailed rules for issuing such licences should be laid down; whereas, to ensure that the quantities of cheese imported into Canada under the import quota correspond to the quantities for which licences have been issued, the licences duly stamped by the Canadian authorities should be returned to the competent bodies of the Member States and the data on exports should be forwarded by the Member States to the Commission;19.Whereas, in the framework of the consultations with Switzerland on the implementation of the results of the Uruguay Round, it has been agreed to apply a set of measures providing in particular for a reduction in the customs duties on certain Community cheeses imported into Switzerland; whereas the Community origin of such products should be guaranteed; whereas, to that end, export licences should be compulsory for all cheese exported under these arrangements, including cheese on which export refunds are not payable; whereas licences should be issued subject to presentation by the exporter of a declaration certifying the Community origin of the product;20.Whereas the Community has the option of designating which importers may import Community cheeses into the United States under the additional quota arising from the Agriculture Agreement; whereas this would allow the Community to maximise the value of the quota; whereas a procedure should therefore be laid down for designating importers on the basis of the allocation of export licences for the products concerned;21).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:
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