# COMMISSION REGULATION (EC) No 332/2005

of 25 February 2005

on the payment of the refund on exports to Croatia of products falling under CN code 0406 covered by licences applied for before 1 June 2003

## Preamble

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(14) thereof,

Whereas:

**(1)** To prevent deflection of trade, Article 2 of Commission Regulation (EC) No 951/2003 of 28 May 2003 derogating from 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 800/1999 laying down common detailed rules for the application of the system of export refunds on agricultural products [^2] prevented the payment of refunds on export licences for products falling in CN code 0406 and showing in box 7 a different destination than Croatia when used for exports to Croatia as from 1 June 2003.

**(2)** Entitlement to the refund arising from export licences applied for before the date of application of a regulation should not be affected.

**(3)** The limitation introduced by Article 2 of Regulation (EC) No 951/2003 should therefore only apply to licences applied for from 1 June 2003.

**(4)** 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 refund on exports to Croatia of products falling in CN code 0406 covered by licences applied for before 1 June 2003 and showing in box 7 a destination other than Croatia falling under destination zone I, as then defined in Article 15(3) of Commission Regulation (EC) No 174/1999 [^3] , shall be paid.

## **Article 2**

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

It shall apply from 1 June 2003.

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 25 February 2005. *For the Commission* Mariann FISCHER BOEL *Member of the Commission*

[^1] [OJ L 160, 26.6.1999, p. 48](http://publications.europa.eu/resource/oj/JOL_1999_160_R_TOC) . Regulation last amended by Commission Regulation (EC) No 186/2004 ( [OJ L 29, 3.2.2004, p. 6](http://publications.europa.eu/resource/oj/JOL_2004_029_R_TOC) ).

[^2] [OJ L 133, 29.5.2003, p. 82](http://publications.europa.eu/resource/oj/JOL_2003_133_R_TOC) . Regulation repealed by Regulation (EC) No 1948/2003 ( [OJ L 287, 5.11.2003, p. 13](http://publications.europa.eu/resource/oj/JOL_2003_287_R_TOC) ).

[^3] [OJ L 20, 27.1.1999, p. 8](http://publications.europa.eu/resource/oj/JOL_1999_020_R_TOC) .

[^1]: . Regulation last amended by Commission Regulation (EC) No 186/2004 ().
[^2]: . Regulation repealed by Regulation (EC) No 1948/2003 ().
[^3]: .