Commission Regulation (EC) No 1282/2006 of 17 August 2006 laying down special detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards export licences and export refunds for milk and milk products
Modified by
  • Commission Regulation (EC) No 1919/2006of 11 December 2006adapting several Regulations concerning the common organisation of the milk and milk products market by reason of the accession of Bulgaria and Romania to the European Union, 306R1919, December 28, 2006
  • Commission Regulation (EC) No 532/2007of 14 May 2007amending Regulation (EC) No 1282/2006 laying down special detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards export licences and export refunds for milk and milk products and Regulation (EEC) No 3846/87 establishing an agricultural product nomenclature for export refunds, 307R0532, May 15, 2007
  • Commission Regulation (EC) No 240/2009of 20 March 2009amending Regulation (EC) No 1282/2006 as regards export licences and export refunds for milk and milk products, 309R0240, March 21, 2009
  • Commission Regulation (EC) No 433/2009of 26 May 2009amending Regulation (EC) No 1282/2006 as regards export licences and export refunds for milk and milk products, 309R0433, May 27, 2009
Commission Regulation (EC) No 1282/2006of 17 August 2006laying down special detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards export licences and export refunds for milk and 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 productsOJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2)., and in particular Articles 26(3), 30(1) and 31(14) thereof, Whereas: (1)Regulation (EC) No 1255/1999 lays down, amongst others, general rules for granting 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. Detailed rules for the application of those general rules have been laid down in 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 case of milk and milk productsOJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation (EC) No 508/2006 (OJ L 92, 30.3.2006, p. 10).. (2)Regulation (EC) No 174/1999 has been substantially amended several times. Since further amendments are to be made, Regulation (EC) No 174/1999 should be repealed and replaced by a new regulation in the interest of clarity and efficiency. (3)Under the Agriculture AgreementOJ L 336, 23.12.1994, p. 22. concluded during the Uruguay Round of the GATT trade negotiations and approved by Council Decision 94/800/ECOJ 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. In order to ensure compliance with those limits, the issue of export licences should be monitored and procedures should be adopted for allocating the quantities which may be exported with a refund. (4)Article 5 of 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 productsOJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7). provides for specific operations and certain quantities below which no export licence is required. Some special provisions should be adopted for the milk and milk products sector in that respect. (5)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. The securities to be lodged when licence applications are submitted should be sufficient to prevent speculative applications. (6)The term of validity of export licences should be fixed. (7)In order to ensure accurate checking of the 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)Article 4(2) of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural productsOJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 671/2004 (OJ L 105, 14.4.2004, p. 5). 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. This provision is applicable in a specific sector only if product categories as referred to in Article 14 of Regulation (EC) No 1291/2000 and product groups as referred to in the second indent of the first subparagraph of Article 4(2) of Regulation (EC) No 800/1999 have been defined. (9)For the milk and milk products sector, product categories are already defined with reference to the categories provided for in the Agriculture Agreement. In the interest of sound management this use of categories should be retained and Article 4(2) of Regulation (EC) No 800/1999 applied on the basis of defined product groups only. (10)In the milk sector, refund rates are highly differentiated, notably according to fat content. To ensure that this will not be called into question while at the same time the objective of Article 4(2) of Regulation (EC) No 800/1999 is respected, the product groups should be narrowly defined. With a view to harmonisation it is appropriate to apply that rule to all milk products and to define product groups for cheese accordingly. (11)With a view to harmonising with the provisions of Regulation (EC) No 800/1999 the conditions under which a licence holder is allowed to export a product different from the one shown in section 16 of the export licence, licence holders should no longer be obliged to request for a change to be made before the completion of the export formalities. To avoid discriminations between operators exporting under the current regime and those exporting under this Regulation, that provision may be applied retroactively at the request of the licence holder. (12)To enable operators 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. To ensure that such licences are correctly used, for certain exports with refunds the country of destination should be defined as compulsory. (13)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. 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 an allocation coefficient to be applied to the quantities applied for, if necessary. (14)Exports of the products in the context of food-aid operations should be excluded from certain provisions in regard to issuing of export licences. (15)Experience has shown that the number of applications for export licences for particular cheese varies according to destination. 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)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. 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. Forty-three percent by weight of whole product should be considered as representative of the sucrose content of such products. (17)Article 11(6) of Regulation (EC) No 800/1999 provides that refunds may be granted for ingredients of Community origin in processed cheese manufactured under the inward processing arrangements. Certain special rules are needed to ensure that this specific measure operates properly and can be effectively checked. (18)Under the Agreement concluded between the European Community and CanadaOJ L 334, 30.12.1995, p. 33., approved by Council Decision 95/591/ECOJ L 334, 30.12.1995, p. 25., export licences issued by the Community are to be presented for cheese qualifying for preferential terms on import into Canada. The detailed rules for issuing such licences should be laid down. 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. It is appropriate to clarify the need for a minimum security, even though no refund is applied for under this regime. (19)The Community has the option of designating which importers may import Community cheese into the United States of America (USA) under the additional quota arising from the Agriculture Agreement. To allow the Community to maximise the value of the quota, a procedure should therefore be laid down for designating importers on the basis of the allocation of export licences for the products concerned. (20)The Memorandum of Understanding between the European Community and the Dominican Republic on import protection for milk powder in the Dominican RepublicOJ L 218, 6.8.1998, p. 46., approved by Council Decision 98/486/ECOJ L 218, 6.8.1998, p. 45., provides for the Community to manage its share of the tariff quota according to a mechanism of export licences. The procedure for awarding licences should therefore be determined. In order to ensure that products imported into the Dominican Republic are part of the quota and to establish a link between the products imported and those indicated on the export licence, exporters should present, at the time of import, a certified copy of the export declaration, which must contain certain information. (21)Commission Regulation (EEC) No 896/84OJ L 91, 1.4.1984, p. 71. Regulation as last amended by Regulation (EEC) No 222/88 (OJ L 28, 1.2.1988, p. 1). laid down additional provisions concerning the granting of refunds on the change from one milk year to another where intervention prices were changed. Those provisions provide for the possibility of fixing different refunds rates according to the date of manufacture of the products. The required presentation of evidence of the production date and the control procedures to check the accuracy of the related documents and accounts have proved to be very complicated and burdensome. The same objective can be reached by adjusting the validity period of the export licences. Regulation (EEC) No 896/84 should therefore be repealed. (22)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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