COMMISSION REGULATION (EC) No 707/98 of 30 March 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 409/98 (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; whereas there are special rules on the granting and calculation of refunds on the products covered by CN codes 0401 and 0402 where these involve mixtures of products or products containing added matter; whereas, in accordance with note 1 of Chapter 4 of the Combined Nomenclature and the Harmonised System Explanatory Notes, products covered by CN codes 0401 and 0402 cannot comprise mixtures or contain added matter other than that mentioned;

Whereas, for the purposes of determining the refund applicable to certain products containing added matter, the fat content by weight is to be calculated exclusive of the weight of non-lactic matter and of added lactic matter not eligible for the refund; whereas that provision may result in some confusion as regards the tariff classification of such products; whereas it should accordingly be deleted;

Whereas the refunds on concentrated milk products containing added sugar are calculated in two different ways; whereas, for the sake of harmonising calculations and simplifying the nomenclature, a single method of calculation should be used and footnote 5 should be deleted; whereas the footnotes should be adapted accordingly;

Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit laid down by its chairman,

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 0401 to 0404 are replaced by those in Annex I hereto;

2. the footnotes are replaced by those 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 April 1998 to licence applications submitted from that date.

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

Done at Brussels, 30 March 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 55, 25. 2. 1998, p. 1.

ANNEX I

9. Milk and milk products

>TABLE>

ANNEX II

Notes

(1) Where the product falling within this subheading is a mixture containing 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, no export refund is payable.

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 to the product.

(2) Where the product falling within this subheading is a mixture containing added 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, the added 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 must not to be taken into account in the calculation of the refund.

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 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 added per 100 kilograms of finished product, and in particular,

- the lactose content of the added whey.

(3) Where the product contains casein and/or caseinates added before or at the time of processing, no refund is payable.

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

(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 cered 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.

(5) Deleted by Regulation (EC) No 707/98.

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

(7) In the case of cheeses presented in immediate packings which also contain preserving liquid, in particular brine, the refund is granted on the net weight, less the weight of the liquid.

(8) When completing customs formalities, the applicant must state on the declaration provided for that purpose:

- the skimmed-milk powder content by weight,

- whether or not 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 added per 100 kilograms of finished product,

and in particular,

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

(9) 'Special compound feedingstuffs` are compound feedingstuffs containing skimmed milk powder and fish meal and/or more than 9 grams of iron and/or more than 1,2 grams of copper per 100 kilograms of product.

(10) 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 covered by CN code 3504, the added non-lactic matter and/or casein and/or caseinates and/or whey and/or products derived from whey (excluding whey butter covered by CN code 0405 10 50) and/or lactose and/or permeate and/or products covered by CN code 3504 will not be taken into account for the purpose of calculating the refund.

When completing customs formalities, the applicant must state on the declaration provided for that 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 covered by CN code 3504 have been added and, where this is the case, the actual content by weight of the non-lactic matter and/or casein and/or caseinates and/or whey and/or products derived from whey (specifying, where applicable the whey butter content) and/or lactose and/or permeate and/or products covered by CN code 3504 added per 100 kilograms of finished product.

(11) The refund on frozen condensed milk is the same as that on products falling within headings 0402 91 and 0402 99.

(12) The refunds on frozen products covered by CN codes 0403 90 11 to 0403 90 39 are the same as those on products covered by CN codes 0403 90 51 to 0403 90 69 respectively.

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

When completing customs formalities, the applicant must state on the declaration provided for that purpose whether or not non-lactic matter has been added and, where this is the case, the actual content by weight of the non-lactic matter added per 100 kilograms of finished product.

(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.