21.7.1999 Official Journal of the European Communities L 188/39 COMMISSION REGULATION (EC) No 1596/1999 of 20 July 1999 amending 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 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 products ('), as last amended by Regulation (EC) No 1587/96 (3), and in particular Articles 13(3), 16a(1) and 17(3) and (14) thereof, 1) Whereas 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 () is a recasting of Commis- sion Regulation (EC) No 1466/95 (%), as last amended by Regulation (EC) No 2184/98 (°); whereas that exercise revealed that certain provisions containing references are incorrect or out of date; whereas the necessary correc- tions should be made; Whereas Regulation (EC) No 174/1999 stipulates that no refund may be granted on exports of cheese where the free-at-frontier price prior to application of the refund in the Member State of export is less than EUR 230/100 kg; whereas the Member States' author- ities must be in a position to verify that this provision is complied with; whereas the provision should be adapted to that end and the definition of ‘free-at-frontier price’ laid down; whereas, in this connection, a flat-rate amount should be fixed to take account of the different transport costs in the Community; Whereas Regulation (EC) No 174/1999 fixes the term of validity of licences for the various product groups; whereas, in view of the present difficulty in exporting certain milk products, the term of validity of licences for those products should be extended; Whereas export refunds for cheeses are differentiated according to destination; whereas the provision concerned must be adapted to take account of the acces- sion negotiations being conducted with certain third countries; 148, 28.6.1968, p. 13. 206, 16.8.1996, p. 21. 144, 28.6.1995, p. 22. 275, 10.10.1998, p. 21. () O] L () O] L () O] L 20, 27.1.1999, p. 8. () O] L () O] L () Whereas management of the quota for exports of cheeses to Canada is based on certain formalities sto be completed by the competent Canadian authorities when such products are imported; whereas those authorities have not been able to apply the provisions laid down to that end; whereas other arrangements must therefore be adopted to ensure the scheme is applied correctly; Whereas management of the quota for exports of cheeses to Switzerland can be facilitated by anticipating the date of issue of licences; whereas the provisions concerned should be adapted accordingly; Whereas Council Decision 98/486/EC (°) approved the Memorandum of Understanding between the European Community and the Dominican Republic on import protection for milk powder in the Dominican Republic; whereas the Memorandum provides for the European Community to manage its share of the tariff quota according to a mechanism of export licences; whereas the procedure for awarding licences to interested parties must therefore be determined; Whereas, in order to ensure that products imported from 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 are obliged, at the time of import, to present a certified copy of the export declaration, which must contain certain information; whereas a provision to that effect must be adopted; Whereas, in order to ensure that the planned measures operate smoothly and to prevent any excessive fragmen- tation of the market which could result in a loss of market share for the Community, use of the quota should be restricted by giving priority to licence applica- tions exclusively for those products which have in the past represented almost all exports to the Dominican Republic and, when licences are awarded, most of the quantities available should be reserved for ‘traditional exporters of milk powder to that country; whereas there should be a link between the quantities of milk powder exported by those exporters to the Dominican Republic in the past and the quantity for which a licence may be applied for; (9 O] L 218, 6.8.1998, p. 45.