No L 252/12 Official Journal of the European Communities 20. 10. 95 COMMISSION REGULATION (EC) No 2452/95 of 19 October 1995 amending Commission Regulation (EC) No 1466/95 laying down special detailed rules of application for export refunds on milk and milk products and Commission Regulation (EEC) No 210/69 on communications between Member States and the Commission with regard to 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 organization of the market in milk and milk products ('), as last amended by Regula- tion (EC) No 1538/95 (3, and in particular Article 17 (14) thereof, Whereas Commission Regulation (EC) No 1466/95 (%) lays down special detailed rules of application for export refunds on milk and milk products ; whereas experience has shown that certain technical amendments are neces- sary in order to ensure that the scheme operates satisfac- torily, in particular as regards the date of commencement of validity of licences, cases where a refund may be granted without presentation of an export licence, and the application of the provisions of Regulation (EEC) No 3665/87 (*), as last amended by Regulation (EC) No 1384/95 (%), concerning licences specifying a compulsory destination ; whereas, in order to preclude discriminatory treatment of traders, the amendments to the above provi- sions should be made retroactive ; Whereas, with regard to the additional quota of Commu- nity cheeses for export to the United States arising under the Agreement on Agriculture concluded during the Uruguay Round of the GATT trade negotiations (here- inafter referred to as the ‘Agreement’), the Community may designate preferred importers who may import under the quota ; whereas this allows the Community to maxi- mize the value of the quota ; whereas a procedure should be laid down therefore for the selection of the importers to be designated on the basis of the allocation of export licences for the products concerned ; whereas it is neces- sary therefore to amend Commission Regulation (EEC) No 210/69 of 31 January 1969 on communications between Member States and the Commission with regard to milk and milk products (), as last amended by Regula- tion (EC) No 1629/95(); Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman, No L 148, 28. 6. 1968, p. 13. No L 148, 30. 6. 1995, p. 17. No L 144, 28. 6. 1995, p. 22 No L 351, 14. 12. 1987, p. 1. No L 134, 20. 6. 1995, p. 14. No L 28, 5. 2. 1969, p. 1. No L 155, 6. 7. 1995, p. 10. HAS ADOPTED THIS REGULATION : Article 1 Regulation (EC) No 1466/95 is hereby amended as follows : 1. In Article 2, the text of the first indent is replaced by the following : ‘— where the refund for an export declaration, calcu- lated on the basis of the refund applicable on the first day of the month of export, is not more than ECU 60. Where several separate codes in the nomenclature for refunds or the combined nomenclature are shown in an export declaration, the particulars relating to each code shall be deemed to constitute a separate declaration ;. 2. In the opening sentence of the first paragraph of Article 4, ‘2) is replaced by (1). 3. The following Article 9a is inserted : ‘Article %a 1. In accordance with the procedure provided for in Article 30 of Regulation (EEC) No 804/68, the Commission may decide that export licences for products falling within CN code 0406 for export to the United States as part of the additional quota under the Agreement shall be issued pursuant to this Article. 2.  Traders may apply, within a period to be deter- mined, for a provisional export licence for the export of the products referred to in paragraph 1 during the following calendar year subject to the lodging of a security equal to 50 % of the rate fixed in Article 7. Licences for which application is made by a trader may not exceed 40 % of the quantity of the products referred to in (a) under the quota for the year concerned.