EN Official Journal of the European Communities 31. 12. 98 L 358/81
COMMISSION REGULATION (EC) No 2861/98
of 30 December 1998
fixing the rates of the refunds applicable to certain milk products exported in the
form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EEC) No 804/68 of
27 June 1968 on the common organization of the marketin milk and milk products (
1), as last amended by Regula-
tion (EC) No 1587/96 (2), and in particular Article 17 (3)
thereof,
Whereas Article 17 (1) of Regulation (EEC) No 804/68
provides that the difference between prices in inter-national trade for the products listed in Article 1 (a), (b),(c), (d), (e), and (g) of that Regulation and prices within theCommunity may be covered by an export refund; whereasCommission Regulation (EC) No 1222/94 of 30 May 1994laying down common implementing rules for grantingexport refunds on certain agricultural products exportedin the form of goods not covered by Annex II to theTreaty, and criteria for fixing the amount of suchrefunds (
3), as last amended by Regulation (EC) No 1352/
98 (4), specifies the products for which a rate of refund
should be fixed, to be applied where these products areexported in the form of goods listed in the Annex toRegulation (EEC) No 804/68;
Whereas, in accordance with the first subparagraph of
Article 4 (1) of Regulation (EC) No 1222/94, the rate ofthe refund per 100 kilograms for each of the basic prod-ucts in question must be fixed for each month;
Whereas Article 4 (3) of Regulation (EC) No 1222/94
provides that, when the rate of the refund is being fixed,account should be taken, where necessary, of productionrefunds, aids or other measures having equivalent effectapplicable in all Member States in accordance with theRegulation on the common organization of the market inthe product in question to the basic products listed inAnnex A to that Regulation or to assimilated products;
Whereas Article 11 (1) of Regulation (EEC) No 804/68
provides for the payment of aid for Community-producedskimmed milk processed into casein if such milk and thecasein manufactured from it fulfil certain conditions setout in Article 1 of Council Regulation (EEC) No 987/68
of 15 July 1968 laying down general rules for granting aidfor skimmed milk processed into casein or caseinates (
5),
as last amended by Regulation (EEC) No 1435/90 (6);
Whereas Commission Regulation (EC) No 2571/97 of 15
December 1997 on the sale of butter at reduced pricesand the granting of aid for cream, butter and concentratedbutter for use in the manufacture of pastry products,ice-cream and other foodstuffs (
7), as last amended by
Regulation (EC) No 1982/98 (8), lays down that butter and
cream at reduced prices should be made available toindustries which manufacture certain goods;
Whereas Article 2 of Council Regulation (EC) No 1103/
97 of 17 June 1997 on certain provisions relating to theintroduction of the euro (
9) provides that, as from 1
January 1999, all references to the ecu in legal instru-ments are to be replaced by references to the euro at therate of EUR 1 to ECU 1;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the ManagementCommittee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
1. The rates of the refunds applicable to the basic prod-
ucts appearing in Annex A to Regulation (EC) No 1222/94 and listed in Article 1 of Regulation (EEC) No 804/68,exported in the form of goods listed in the Annex toRegulation (EEC) No 804/68, are hereby fixed as shownin the Annex to this Regulation.
2. No rates of refund are fixed for any of the products
referred to in the preceding paragraph which are notlisted in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 1 January 1999.
(5) OJ L 169, 18. 7. 1968, p. 6.
(1) OJ L 148, 28. 6. 1968, p. 13. (6) OJ L 138, 31. 5. 1990, p. 8.
(2) OJ L 206, 16. 8. 1996, p. 21. (7) OJ L 350, 20. 12. 1997, p. 3.
(3) OJ L 136, 31. 5. 1994, p. 5. (8) OJ L 256, 18. 9. 1998, p. 9.
(4) OJ L 184, 27. 6. 1998, p. 25. (9) OJ L 162, 19. 6. 1997, p. 1.
EN Official Journal of the European Communities 31. 12. 98 L 358/82
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 30 December 1998.
For the Commission
Karel VAN MIERT
Member of the Commission
ANNEX
to the Commission Regulation of 30 December 1998 fixing the rates of the refunds appli-
cable to certain milk products exported in the form of goods not covered by Annex II to the
Treaty
(EUR/100 kg)
CN code DescriptionRate of
refund
ex 0402 10 19 Powdered milk, in granules or other solid forms, not con-
taining added sugar or other sweetening matter, with a fatcontent not exceeding 1,5 % by weight (PG 2):
(a) On exportation of goods of CN code 3501 —
(b) On exportation of other goods 82,50
ex 0402 21 19 Powdered milk, in granules or other solid forms, not con-taining added sugar or other sweetening matter, with a fatcontent of 26 % by weight (PG 3):
(a) Where goods incorporating, in the form of products
assimilated to PG 3, reduced-price butter or cream obtainedpursuant to Regulation (EEC) No 2571/97 are exported 80,39
(b) On exportation of other goods 114,00
ex 0405 10 Butter, with a fat content by weight of 82 % (PG 6):
(a) Where goods containing reduced-price butter or cream
which have been manufactured in accordance with theconditions provided for in Regulation (EEC) No 2571/97are exported 61,00
(b) On exportation of goods of CN code 2106 90 98 con-
taining 40 % or more by weight of milk fat 177,25
(c) On exportation of other goods 170,00