1994R1651 — EN — 01.09.1994 — 001.001 — 1
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►B COMMISSION REGULATION (EC) No 1651/94
of 7 July 1994
amendingRegulation(EC)No1222/94layingdowncommonimplementingrulesforthesystemof
grantingexportrefundsoncertainagriculturalproductsexportedintheformofgoodsnotlisted
in Annex II to the Treaty, and the criteria for fixing the amount of such refunds
(OJ L 174, 8.7.1994, p. 14)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 2296/94 of 23 September 1994 L 249 9 24.9.1994
1994R1651 — EN — 01.09.1994 — 001.001 — 2
▼B
COMMISSION REGULATION (EC) No 1651/94
of 7 July 1994
amendingRegulation(EC)No1222/94layingdowncommonimple-
menting rules for the system of granting export refunds on certainagricultural products exported in the form of goods not listed inAnnex II to the Treaty, and the criteria for fixing the amount of
such refunds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December
1993 laying down the trade arrangements applicable to certain goodsresulting from the processing of agricultural products (
1) and in partic-
ular Article 8 (3) thereof,
Whereas milk and milk products assimilated to milk powder meeting
the description of the pilot product for Group 3 (PG 3) shown in AnnexI to Council Regulation (EEC) No 2915/79 of 18 December 1979determining the groups of products and the special provisions for calcu-lating levies on milk and milk products (
2), as lastamended by Regula-
tion (EC) No 3423/93 (3), should reflectnotonly t he prescribed levels
of fat content on a dry matter basis but also the appropriate levels ofnon-fat dry matter; whereas to ensure this the operator should have thepossibility to claim refunds for both the fat dry matter and the non-fatdry matter;
Whereas pursuant to Commission Regulation (EC) No 1222/94 of 30
May 1994, laying down common implementing rules for the system ofgranting export refunds on certain agricultural products exported in theform of goods not listed in Annex II to the Treaty, and the criteria forfixing the amount of such refunds (
4) milk and milk products exported
in the form of non-Annex II goods qualify for export refunds calculatedon the basis of their fat content up to a maximum of 40 % fat content;whereas when being exported as products falling under Annex II to theTreaty the same products may only attract export refunds on a basis of amuch lower fat content; whereas to be coherent refunds paid for milkand milk products assimilated to PG 3 should not exceed the amountwhich can be obtained for milk and milk products with a fat content of26 %;
Whereas for D-glucitol (sorbitol) falling within CN codes 2905 4419
and 3823 60 19 the quantities of maize shown in Annex C for thecalculation of the refund amount is not justified by the relationship ofthe quantities of maize actually used by the industry; therefore, it isadvisable to adjust these quantities;
Whereas operators who have fixed the refund rates in advance prior to
the application of this Regulation may not be able to use the fullquantity of whole milk powder for which they have obtained a prefixa-tion certificate; whereas the securities constituted which relate to theseunused quantities should not be forfeit;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for horizontal questionsconcerning trade in processed agricultural products not listed in AnnexII,
(1) OJ No L 318, 20. 12. 1993, p. 18.
(2) OJ No L 329, 24. 12. 1979, p. 1.
(3) OJ No L 312, 15. 12. 1993, p. 8.
(4) OJ No L 136, 31. 5. 1994, p. 5.
1994R1651 — EN — 01.09.1994 — 001.001 — 3
▼B
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1222/94 is amended as follows:
1. The following paragraph 3 is added to Article 1:
‘3. However, if the party so requests, in agreement with the
competent authority, the milk products referred to in 2 (d) shall beassimilated to:
(i) milk powder meeting the description of the pilot product for
Group 2 shown in Annex I to Regulation (EEC) No 2915/79 forthe non-fat part of the dry matter content of the relevant product,and
(ii) butter meeting the description of the pilot product for Group 6
shown in Annex I to Regulation (EEC) No 2915/79 for the milkfatpartof t he relevantproduct .'
2. The fifth indent of Article 3 (1) (a) is replaced by the following
indents:
‘— 3,85 kg of t he pilotproductof Group 3 per 1 % by weightof
milk fat contained in one of the milk products assimilated to thatpilot product in accordance with Article 1 (2) (d) with a milk fatcontent in the dry matter by weight of not more than 26 % shallcorrespond to 100 kg of the milk product in question,
— 100 kg of t he pilotproductof Group 3 shall correspond t o 100
kg of dry matter contained in the milk product assimilated tothat pilot product in accordance with Article 1 (2) (d) with amilk fat content in the dry matter by weight of more than 26 %.'
3. In Annex C, relating to D-glucitol (sorbitol) falling within CN codes
2905 44 11 and 3823 60 11, in column 5 (maize), the reference to thefootnote ‘(7)' is replaced by the figure ‘169', in column 9 (sugar), thereferences to footnotes ‘(7)' and ‘(8)' are deleted; relating to CNcodes 2905 44 19 and 3823 60 19, in column 5 (maize), the referenceto footnote ‘(7)' is replaced by the figure ‘148', in column 9 (sugar),the reference to footnote ‘(7)' is replaced by the figure ‘71'; relatingto CN codes 2905 44 91, 2905 44 99, 3823 60 91 and 3823 60 99 incolumn 5 (maize) the reference to footnote ‘(7)' is replaced by thefigure ‘242', in column 9 (sugar), the reference to footnote ‘(7)' isreplaced by the figure ‘102'; footnote ‘(7)' is deleted; in footnote (8)the words ‘footnote (7)' are replaced by ‘columns 5 and 9'.
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M1
Article 2
Article 1 (2) does not apply to exports for which a certificate of advance
fixing of the rate of the refund has been delivered before the entry intoforce of the present Regulation for milk powder, meeting the descriptionof t he pilotproductfor Group 3 (PG 3) shown in Annex I t o CouncilRegulation (EEC) No 2915/79 of 18 December 1979, determining thegroups of products and the special provisions for calculating levies onmilk and milk products (
1), as lastamended by Regulat ion (EC) No
3423/93 (2).
▼B
Article 3
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
The provisions of paragraph 1 and 2 of Article 1 as well as of Article 2
shall apply from 1 September 1994.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
(1) OJ No L 329, 24. 12. 1979, p. 1.
(2) OJ No L 312, 15. 12. 1993, p. 8.