COMMISSION REGULATION (EC) No 409/98 of 19 February 1998 amending the Annex to 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 Commission Regulation (EEC) No 3846/87 of 17 December 1987 establishing an agricultural product nomenclature for export refunds (1), as last amended by Regulation (EC) No 2541/97 (2), and in particular Article 3, last subparagraph, thereof,

Whereas Regulation (EEC) No 3846/87 provides for the publication of the full version of the refund nomenclature to be used from 1 January each year as it follows from the regulatory provisions on export arrangements for agricultural products (3);

Whereas account must be taken of amendments to the combined nomenclature introduced by Commission Regulation (EC) No 2086/97 of 4 November 1997 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (4) applicable from 1 January 1998,

Whereas in order to facilitate computerized customs clearance at borders, footnotes should be included in the body of the nomenclature itself;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committees concerned,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EEC) No 3846/87 is hereby replaced by the Annex hereto.

Article 2

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

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

Done at Brussels, 19 February 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 366, 24.12.1987, p. 1.

(2) OJ L 347, 18.12.1997, p. 14.

(3) Incorporated in the Annex to this Regulation are amendments resulting from the adoption of the following measures:

- Commission Regulation (EC) No 1297/97 of 3 July 1997 (OJ L 176, 4.7.1997, p. 30),

- Commission Regulation (EC) No 1490/97 of 29 July 1997 (OJ L 202, 30.7.1997, p. 24),

- Commission Regulation (EC) No 2333/97 of 25 November 1997 (OJ L 323, 26.11.1997, p. 25),

- Commission Regulation (EC) No 2469/97 of 11 December 1997 (OJ L 341, 12.12.1997, p. 8),

- Commission Regulation (EC) No 2470/97 of 11 December 1997 (OJ L 341, 12.12.1997, p. 21),

- Commission Regulation (EC) No 2541/97 of 16 December 1997 (OJ L 347, 18.12.1997, p. 14),

- Commission Regulation (EC) No 382/98 of 18 February 1998 (OJ L 48, 19.2.1998, p. 28).

(4) OJ L 312, 14.11.1997, p. 1.

ANNEX

AGRICULTURAL PRODUCT NOMENCLATUREFOR EXPORT REFUNDS

CONTENTS

Sector Page

1. Cereals and wheat or rye flour, groats or meal 5

2. Rice and broken rice 6

3. Products processed from cereals 8

4. Cereal-based compound feedingstuffs 13

5. Beef and veal 14

6. Pigmeat 19

7. Poultrymeat 23

8. Eggs 25

9. Milk and milk products 26

10. Fruits and vegetables 41

11. Products processed from fruits and vegetables 43

12. Olive oil 45

13. White and raw sugar without further processing 46

14. Syrups and other sugar products 47

15. Wine 48

1. Cereals and wheat or rye flour, groats or meal

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2. Rice and broken rice

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3. Products processed from cereals

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4. Cereal-based compound feedingstuffs

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5. Beef and veal

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6. Pigmeat

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7. Poultrymeat

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8. Eggs

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9. Milk and milk products

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(6) Deleted by Commission Regulation (EC) No 823/96 (OJ L 111, 4.5.1996, p. 9).

10. Fruits and vegetables

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11. Products processed from fruits and vegetables

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12. Olive oil

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13. White and raw sugar without further processing

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14. Syrups and other sugar products

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15. Wine

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(1) When the product falling within this subheading is a mixture containing added whey and/or added lactose and/or added casein and/or added caseinates, no export refund shall be granted.

When completing customs formalities, the applicant shall state on the declaration provided for this purpose, whether or not whey and/or lactose and/or casein and/or caseinates have been added to the product.

(2) The weight of the added non-lactic matter and/or added whey and/or added lactose and/or added casein and/or added caseinates shall not be taken into account for the purpose of calculation of the fat content by weight. When the product falling within this subheading is a mixture containing added whey and/or added lactose and/or added casein and/or added caseinates, the added whey and/or added lactose and/or added casein and/or added caseinates shall not be taken into account in the calculation of the amount of refund.

When completing customs formalities, the applicant shall state, on the declaration provided for this purpose, whether or not whey and/or lactose and/or casein and/or caseinates have been added, and where this is the case:

- the actual content by the weight of whey and/or lactose and/or casein and/or caseinates added per 100 kilograms of finished product, and in particular,

- the lactose content of the added whey.

(3) When the product contains casein and/or caseinates that were added before or at the time of processing, no refund shall be granted.

When completing customs formalities, the applicant shall state, on the declaration provided for this purpose, whether or not casein and/or caseinates have been added.

(4) The weight of added non-lactic matter and/or added whey and/or added lactose and/or added casein and/or added caseinates shall not be taken into account for the purpose of calculation of the fat content, by weight.

The refund per 100 kilograms of product falling within this subheading shall be equal to the sum of the following components:

(a) the amount per kilogram shown, multiplied by the weight of the lactic part contained in 100 kilograms of product; however, where whey and/or lactose and/or casein and/or caseinates have been added to the product, the amount per kilogram shown shall be multiplied by the weight of the lactic part excluding the weight of added whey and/or added lactose and/or added casein and/or added caseinates, contained in 100 kilograms of product;

(b) a component calculated in accordance with the provisions of Article 12 (3) of Regulation (EEC) No 1466/95 (OJ L 184, 29.7.1968, p. 10).

When completing customs formalities, the applicant shall state, on the declaration provided for this purpose, whether or not whey and/or lactose and/or casein and/or caseinates have been added, and where this is the case:

- the actual content by weight of whey and/or lactose and/or casein and or caseinates added per 100 kilograms of finished products, and in particular

- the lactose content of the added whey.

(5) The refund on 100 kilograms of product falling within this subheading is equal of the sum of the following elements:

(a) the amount per 100 kilograms shown; however, where whey and/or lactose and/or casein and/or caseinates have been added to the products, the amount per 100 kilograms shown shall be:

- multiplied by the weight of the lactic part other than the added whey and/or added lactose and/or added casein and/or added caseinates contained in 100 kilograms of product, and then

- divided by the weight of the lactic part contained in 100 kilograms of product;

(b) a component calculated in accordance with the provisions of Article 12 (3) of Regulation (EEC) No 1466/95.

When completing customs formalities, the applicant shall state, on the declaration provided for this purpose, whether or not whey and/or lactose and/or casein and/or caseinates have been added, and where this is the case:

- the actual content by weight of whey and/or lactose and/or casein and/or caseinates added per 100 kilograms of finished product, and in particular,

- the lactose content of the added whey.

(6) In the case of cheeses presented in containers which also contain conserving liquid, in particular brine, the refund is granted on the net weight, the weight of the liquid being deducted.

(7) When completing customs formalities, the applicant shall state on the declaration provided for this purpose:

- the skimmed-milk powder content, by weight,

- whether or not whey and/or lactose and/or casein and/or caseinates have been added, and where this is the case:

- the content by weight of the added whey and/or added lactose and/or added casein and/or caseinates, and

- the lactose content of the added whey per 100 kilograms of finished product.

(8) 'Special compound feedingstuffs` are compound feedingstuffs containing skimmed-milk powder and fish meal and/or more than nine grams of iron and/or more than 1,2 grams of copper in 100 kilograms of product.

(9) Where the product contains non-lactic matter and/or casein and/or caseinates and/or whey and/or products derived from whey and/or lactose and/or permeate and/or products falling within CN code 3504, the part corresponding to the added non-lactic matter and/or casein and/or caseinates and/or whey and/or products derived from whey and/or lactose and/or permeate and/or products falling within CN code 3504 will not be taken into account for the purpose of calculating the refund.

When completing customs formalities, the party concerned is to state, on the declaration provided for the purpose, whether or not non-lactic matter and/or casein and/or caseinates and/or whey and/or products derived from whey and/or lactose and/or permeate and/or products falling within CN code 3504 have been added and, if so, the actual content by weight of added non-lactic matter and/or casein and/or caseinates and/or whey and/or products derived from whey and/or lactose and/or permeate and/or products falling within CN code 3504 per 100 kilograms of finished product.

(10) The refund on frozen condensed milk is the same as that on products falling within CN codes 0402 91 or 0402 99.

(11) The refunds on frozen products in the natural state falling CN codes 0403 90 11 to 0403 90 39 are the same as those on products falling within CN codes 0403 90 51 to 0403 90 69.