Commission Regulation (EC) No 562/2005 of 5 April 2005 laying down rules for the implementation of Council Regulation (EC) No 1255/1999 as regards communications between the Member States and the Commission in the milk and milk products sector
Modified by
Commission Regulation (EC) No 826/2008of 20 August 2008laying down common rules for the granting of private storage aid for certain agricultural products, 308R0826, August 21, 2008
Commission Regulation (EC) No 562/2005of 5 April 2005laying down rules for the implementation of Council Regulation (EC) No 1255/1999 as regards communications between the Member States and the Commission in the milk and milk products sectorTHE 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 productsOJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6)., and in particular Article 40 thereof,Whereas:(1)Commission Regulation (EC) No 1498/1999 of 8 July 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 sectorOJ L 174, 9.7.1999, p. 3. Regulation as last amended by Regulation (EC) No 1681/2001 (OJ L 227, 23.8.2001, p. 36)., has been substantially amended several times. Regulation (EC) No 1255/1999 and all the regulations laying down rules for the implementation thereof have introduced a number of amendments. For the sake of clarity, Regulation (EC) No 1498/1999 should therefore be repealed and replaced by a new Regulation.(2)Appraisal of the production and market situation in the milk and milk products sector necessitates a regular exchange of information on the operation of the intervention measures provided for in Regulation (EC) No 1255/1999, particularly with regard to changes in stocks of the products concerned, held by intervention agencies and in private storage.(3)Aid for skimmed milk processed into casein and refunds can be fixed only on the basis of information on changes in prices both on the internal market and in international trade.(4)The accurate and regular monitoring of trade flows to assess the effect of refunds requires information on exports of products for which refunds are fixed, particularly the quantities awarded under tendering procedures.(5)The implementation of the Agreement on Agriculture concluded under the Uruguay Round of multilateral trade negotiations (hereinafter referred to as "the Agreement on Agriculture"), approved by Council Decision 94/800/ECOJ L 336, 23.12.1994, p. 1. requires a wide range of detailed information to be provided on imports and exports, in particular with regard to licence applications and the way licences are used, in order to ensure compliance with undertakings under the Agreement on Agriculture. Rapid information on export trends is needed in order to make maximum use of those undertakings. Under that Agreement, food aid exports are not subject to the constraints applying to subsidised exports. It should be provided that communications relating to export licence applications must accordingly specify which licence applications cover food aid supplies.(6)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 productsOJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25). lays down special rules for the export of certain milk products to Canada, the United States and the Dominican Republic. Provision should be made for the relevant information to be communicated.(7)Regulation (EC) No 174/1999 introduces specific arrangements for the grant of refunds on ingredients of Community origin in processed cheese manufactured under the inward processing arrangements. Provision should be made for the relevant information to be communicated.(8)Under Article 5 of Regulation (EC) No 174/1999, in certain cases, export licences can be valid for exportation of a product with a code other than that entered in box 16 of the licence. Provision should be made for the relevant information to be communicated.(9)Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotasOJ L 341, 22.12.2001, p. 29. Regulation as last amended by Regulation (EC) No 810/2004 (OJ L 149, 30.4.2004, p. 138)., provides for certain import quotas to be administered by means of IMA 1 certificates issued by the authorities of third countries. The Member States inform the Commission of the quantity of products for which import licences are issued on the basis of IMA 1 certificates. Experience has shown that such notification is not always sufficient to allow such imports to be monitored closely at each stage. Provision should be made for additional information to be communicated.(10)Experience gained over the years in processing the information received by the Commission has shown that it is sometimes communicated on an excessively frequent basis. Therefore, the frequency of some communications has been reduced.(11)It is essential to be able to compare price quotations for products, particularly for the purposes of calculating refunds and aid amounts. It is also necessary to know how plausible these price quotations are, by weighting the data.(12)Means of communication have evolved considerably in recent years. Account should be taken of that evolution to make communications more rapid, more efficient and more secure.(13)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: