COMMISSION REGULATION (EC) No 1353/98 of 26 June 1998 amending Regulation (EEC) No 3846/87 establishing an agricultural product nomenclature for export refunds

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 organisation of the market in milk and milk products (1), as last amended by Regulation (EC) No 1587/96 (2), and in particular Article 17(14) thereof,

Whereas Commission Regulation (EEC) No 3846/87 (3), as last amended by Regulation (EC) No 707/98 (4), establishes an agricultural product nomenclature for export refunds based on the Combined Nomenclature; whereas the footnotes to Sector 9 of the Annex to that Regulation lay down rules to be followed when granting and calculating refunds on milk and milk products;

Whereas Regulation (EC) No 707/98 amends the method of calculating refunds on certain sweetened condensed milk; whereas calculation is now based on a standard composition of 60 % milk and 40 % sucrose; whereas it transpires that the composition of certain products has been specifically formulated to obtain an abnormally high refund amount; whereas, as a result, the agricultural product refund nomenclature should be adjusted by laying down a minimum sucrose content for the products concerned;

Whereas certain provisions in the footnotes give rise to different interpretations; whereas those provisions should be clarified;

Whereas 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

Sector 9 of the Annex to Regulation (EEC) No 3846/87 is hereby amended as follows:

1. The particulars relating to CN codes 0402 99, 0404 90 81 and 0404 90 83 are replaced by those in Annex I hereto.

2. Footnotes 4 and 14 are replaced by the footnotes in Annex II hereto.

Article 2

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

It shall apply from 1 July 1998.

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

Done at Brussels, 26 June 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 148, 28. 6. 1968, p. 13.

(2) OJ L 206, 16. 8. 1996, p. 21.

(3) OJ L 366, 24. 12. 1987, p. 1.

(4) OJ L 98, 31. 3. 1998, p. 11.

ANNEX I

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ANNEX II

(4) The refund per 100 kilograms of product falling within this subheading is equal to the sum of the following components:

(a) the amount per kilogram shown, multiplied by the weight of lactic matter contained in 100 kilograms of product.

However, where whey and/or products derived from whey and/or lactose and/or casein and/or caseinates and/or permeate and/or products covered by CN code 3504 have been added to the product, the amount per kilogram shown is to be multiplied by the weight of the lactic matter other than whey and/or products derived from whey and/or lactose and/or casein and/or caseinates and/or permeate and/or products covered by CN code 3504 added per 100 kilograms of product;

(b) a component calculated in accordance with Article 12(3) of Commission Regulation (EC) No 1466/95 (OJ L 144, 28.6.1995, p. 22).

When completing customs formalities, the applicant must state on the declaration provided for that purpose whether or not non-lactic matter and/or whey and/or products derived from whey and/or lactose and/or casein and/or caseinates and/or permeate and/or products covered by CN code 3504 have been added and, where this is the case:

- the actual content by weight of whey and/or products derived from whey and/or lactose and/or casein and/or caseinates and/or permeate and/or products covered by CN code 3504 and of sucrose and/or other non-lactic matter added per 100 kilograms of finished product,

and in particular,

- the lactose content of the added whey.

(14) Where the product contains non-lactic matter other than sucrose, the non-lactic matter other than sucrose is not to be taken into account for the purposes of calculating the refund.

The refund on 100 kilograms of product covered by this subheading is equal to the sum of the following components:

(a) the amount per kilogram shown, multiplied by the weight of the lactic matter per 100 kilograms of product;

(b) a component calculated in accordance with Article 12(3) of Commission Regulation (EC) No 1466/95 (OJ L 144, 28.6.1995, p. 22).

When completing customs formalities, the applicant must state on the declaration provided for that purpose the actual content by weight of sucrose and/or other non-lactic matter added per 100 kilograms of finished product.