L 234/10 Official Journal of the European Communities 16.9.2000 COMMISSION REGULATION (EC) No 1961/2000 of 15 September 2000 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, (5)  Given that applications for the export licences referred 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 ('), as last amended by Regulation (EC) No 1670/2000 (3, and in particular Articles 26(3), 30 and 31(14) thereof, Whereas: (1)  Article 10 of 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 (}), as amended by Regu- lation (EC) No 15961999 (%), provides for various meas- ures to control quantities in relation to licences issued, and in particular the power to suspend the issue of licences. Experience shows that the possibility of suspending the lodging of applications should be extended to save traders, the national authorities and the Commission unnecessary work. (2)  Article 15 of Regulation (EC) No 174/1999 provides for the grant of refunds for various zones of destination in the case of cheese exports. As a result of changes in the rate of refund for some of those destinations, the defini- tion of the zones concerned should be adjusted. (3)  Article 20 of Regulation (EC) No 1741999 lays down provisions on cheese exports to the United States of America under certain tariff quotas. Notwithstanding the fact that, since 1 July 2000, the refund rates for certain cheeses exported to the United States of America have been zero, presentation of an export licence and the lodging of a security are also indispensable for such exports to enable the regime to function properly. The provisions concerned should be adjusted accordingly. (4)  Provision should be made for the allocation of licences on the basis of the criteria laid down in Article 20(3) to be decided in accordance with the procedure laid down in Article 42 of Regulation (EC) No 1255/1999. () O] L 160, 26.6.1999, p. 48. () O] L 193, 29.7.2000, p. 10. () O] L 20, 27.1.1999, p. 8. (% O] L 188, 21.7.1999, p. 39. to in Article 20 are to be lodged in mid-September 2000, this Regulation should enter into force imme- diately. (6)  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 Regulation (EC) No 1741999 is amended as follows: 1. Article 10 is replaced by the following: ‘Article 10 1. Export licences shall be issued on the fifth working day following the day on which applications are submitted, provided that the quantities for which licences have been applied for have been communicated in accordance with Article 9(1) of Commission Regulation (EC) No 1498/ 1999 (*) and that the special measures referred to in points (a) and (b) of the first subparagraph of paragraph 3 have not been adopted in the meantime. 2. A decision may be taken to adopt one or more of the special measures provided for in paragraph 3 where the issue of the licences: (a) appears likely to result in an overrun in the budget resources available or in the exhaustion of the maximum quantities which may be exported with refund during the 12-month period in question or in a shorter period to be determined pursuant to Article 11; or (b) does not allow the continuity of exports to be guaran- teed during the rest of the period concerned; or (c) would lead to a distortion of competition between traders. For the purposes of the first subparagraph, account shall be taken, as regards the product in question, of the seasonal nature of trade, the market situation and in particular the trend in prices on the market and the export conditions resulting therefrom.