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            COMMISSION REGULATION (EC) No 2138/2004

of 15 December 2004         

amending Regulation (EC) No 14/2004 as regards the forecast supply balance for the Canary Islands for milk and cream

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1454/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the Canary Islands and repealing Regulation (EEC) No 1601/92 (Poseican) (1), and in particular Article 3(6) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Annex V to Regulation (EC) No 14/2004 is amended in accordance with the Annex to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 December 2004.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

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(1)OJ L 198, 21.7.2001, p. 45. Regulation as last amended by Regulation (EC) No 1690/2004 (OJ L 305, 1.10.2004, p. 1).

(2)OJ L 3, 7.1.2004, p. 6. Regulation as last amended by Regulation (EC) No 1997/2004 (OJ L 344, 20.11.2004, p. 28).

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ANNEX

In part 11 of Annex V to Regulation (EC) No 14/2004, the table is replaced by the following:

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(1)  In EUR/100 kg net weight, unless otherwise specified.

(2)  The products concerned and the related footnotes are the same as those covered by the Commission Regulation fixing the export refunds under Article 31 of Regulation (EC) No 1255/1999.

(3)  Including 1 300 tonnes for the processing and/or packaging sector.

(4)  The amount shall be equal to the refund for product falling within the same CN code granted pursuant to Article 31 of Regulation (EC) No 1255/1999. Where the refunds granted pursuant to Article 31 of that Regulation have more than one rate as defined in Article 2(1)(e) and 2(1)(l) of Commission Regulation (EC) No 800/1999 (OJ L 102, 17.4.1999, p. 11), the amount shall be equal to the highest amount of the refund for products falling within the same CN code (Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

However for the butter awarded in accordance with Regulation (EC) No 2571/97, the amount shall be as indicated in column II.

(5)  To be allocated as follows:

(6)  Where the milk protein content (nitrogen content × 6,38) in the non-fatty milk solid of a product under this position is less than 34 %, no aid shall be granted. Where the water content by weight of the powdered products under this position is greater than 5 %, no aid shall be granted. When completing customs formalities, the applicant shall state on the declaration provided for this purpose the minimum milk protein content in the non-fatty milk solid, and the maximum water content for powdered products.

(7)  The amount shall be equal to the refund set in the Commission Regulation fixing the refund rates applicable to certain milk products exported in the goods not covered by Annex I, granted under Regulation (EC) No 1520/2000.

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