Commission Regulation (EC) No 604/98 of 17 March 1998 amending Regulation (EEC) No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products
Date: 1998-03-17
Institutions: European Commission
Subjects: EU production, agricultural product, customs formalities, customs regulations, export licence, export refund

18. 3. 98

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EN

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Official Journal of the European Communities

L 80/19

COMMISSION REGULATION (EC) No 604/98

of 17 March 1998

amending Regulation (EEC) No 3665/87 laying down common detailed rules for
the application of the system of export refunds on agricultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

1. In Part VII of Annex V, the following is inserted

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of the
market
in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article
13(11) thereof, together with the corresponding provisions
of the other regulations on the common organisation of
the markets in agricultural products,

Whereas goods
falling within CN codes 1901 90 91,
2101 12 92 and 2101 20 92 have in common that they
may be manufactured with a high content of milk
products accounting for the major part of the raw material
costs; whereas exports of
those goods are eligible for
refunds on certain agricultural products incorporated in
them; whereas those goods may be imported into the
Community — from certain preferential third countries
— without import duties being levied;

before subheading 3505 10 10:

‘1901 90 91 – – – Containing no milk fats,
sucrose,
isoglucose, glucose
or starch or containing by
weight less than 1,5 % milk
fat, 5 % sucrose (including
invert
isoglucose,
5 % glucose or starch, ex-
cluding food preparations in
powder
form of goods of
heading Nos 0401 to 0404

sugar) or

2101 12 92 – – – Preparations with a basis of
these extracts, essences or
concentrates of coffee

2101 20 92 – – – Preparations with a basis of
extracts, essences or concen-
trates of tea or mate’;

Whereas, therefore, measures should be taken to prevent
deflection of trade;

2. Article 49 is replaced by the following:

Whereas Article 15(2) of Commission Regulation (EEC)
No 3665/87 of 27 November 1987 laying down common
detailed rules for the application of the system of export
refunds on agricultural products (3), as last amended by
Regulation (EC) No 2114/97 (4), provides
such
measures; whereas those measures may be extended to the
goods in question; whereas, therefore, those goods should
be included in the list of sensitive products in Annex V;

for

Whereas, for the sake of simplification, certain notifica-
tions provided for in Article 49 of Regulation (EEC)
3665/87, which are no longer considered necessary for the
proper administration of the system of export refunds,
should be abolished;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of the relevant manage-
ment committees,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3665/87 is hereby amended as
follows:

(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 351, 14. 12. 1987, p. 1.
(4) OJ L 295, 29. 10. 1997, p. 2.

‘Article 49

Member States shall notify the Commission:

— without delay, of all cases of application of Article
inform the other

5(1)(a);
the Commission shall
Member States of such cases;

— for each 12-digit code the quantities exported
without an export
licence comprising advance
fixing of the refund for the cases referred to in the
first indent of the second subparagraph of Article
2a(1), Article 3a and Article 43. Member States
shall take appropriate measures to ensure that the
communication is made at the latest in the second
month following that in which the customs export
formalities are completed.’

Article 2

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

Article 1(1) shall apply to operations for which export
declarations are accepted from the day of its entry into
force.

L 80/20

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EN

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Official Journal of the European Communities

18. 3. 98

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

Done at Brussels, 17 March 1998.

For the Commission

Franz FISCHLER

Member of the Commission