27.7.2002 Official Journal of the European Communities L 198/33 COMMISSION REGULATION (EC) No 1368/2002 of 26 July 2002 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 (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (!), as last amended by Commission Regula- tion (EC) No 509/2002 (%), and in particular Article 26(3) and (3) Article 31(14) thereof, Whereas: (1)  Commission Regulation (EC) No 174/1999 (), as last amended by Regulation (EC) No 1166/2002 (%), lays down special detailed rules for applying Council Regula- tion (EEC) No 804/68 (°), as last amended by Regulation (EC) No 1587/96 (), as regards export licences and export refunds in the case of milk and milk products. In order to ensure that the export refund arrangements are properly managed and reduce the risk of speculative applications and disruption to the arrangements for (4) certain milk products, there is a need to depart from Article 35(3) 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 (5) export licences and advance fixing certificates for agricul- tural products ('), as last amended by Regulation (EC) No 2299/2001 (¥), which limits the portion of the security to be forfeit where the trader returns the licence before the end of the validity period. (2)  Council Regulation (EC) No 1151/2002 of 27 June 2002 establishing certain concessions in the form of Commu- nity tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Estonia (°) introduces concessions in the form of reciprocal tariff order to avoid disrupting trade with these countries and guarantee that only products which have not benefited from refunds are exported to them, specific arrange- ments for the issue of licences to these countries should be drawn up as soon as possible. To that end, the provi- sions applicable to Poland by virtue of Article 20b of Regulation (EC) No 174/1999 should also apply to the countries and products concerned. Article 6 of Regulation (EC) No 174/1999 lays down the validity period of export licences. Article 18(3) of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the appli- cation of the system of export refunds on agricultural products (*°), as last amended by Regulation (EC) No 1253/2002 ("), establishes the rate of refund to be paid in cases where the destination indicated on the licence has not been complied with. In order to comply with the concessions granted, the necessary steps should be taken to prevent licences issued for other third countries from being used to export to those countries to which conces- sions have been granted, and to allow licences to be cancelled and the securities lodged to be released. Regulation (EC) No 174/1999 should therefore be amended accordingly. The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION: quotas involving the abolition of Community refunds on Aticle 1 certain milk products. Similar concessions have been agreed with Latvia and Lithuania. Refunds on the products concerned were consequently abolished in the Regulation (EC) No 174/1999 is amended as follows: case of the three Baltic countries as from 4 July 2002. In 1. In Article 9 the following fourth subparagraph is added: L 160, 26.6.1999, p. 48. L 79, 22.3.2002, p. 15. " o] () o] () o] (* o] () OJ L 148, 28.6.1968, p. 13. (9 OJ L 206, 16.8.1996, p. 21. () OJ L 152, 24.6.2000, p. 1. (¥ OJ L 308, 27.11.2001, p. 19. ) () 0] u 0] L 170, 29.6.2002, p. 15. (") O] L 20, 27.1.1999, p. 8. ‘As an exception to Regulation (EC) No 1291/2000, Article L170,29.6.2002, p. 51. 35(3) of the said Regulation shall not apply to licences issued in accordance with this Regulation.’ L 102,17.4.1999, p. 11. L 183,12.7.2002, p. 12.