Commission Regulation (EC) No 705/98 of 30 March 1998 amending Regulation (EC) No 1466/95 laying down special detailed rules of application for export refunds on milk and milk products
Date: 1998-03-30
Institutions: European Commission
Subjects: export licence, export refund, milk, milk product

L 98/6

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EN

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Official Journal of the European Communities

31. 3. 98

COMMISSION REGULATION (EC) No 705/98

of 30 March 1998

amending Regulation (EC) No 1466/95 laying down special detailed rules of
application for export refunds on milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

on which a refund may be granted were to be fixed;
whereas 40 % by weight of whole product is representa-
tive of the sucrose content of such products;

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

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 Regula-
tion (EC) No 1587/96 (2), and in particular Article 17(14)
thereof,

HAS ADOPTED THIS REGULATION:

Whereas Commission Regulation (EC) No 1466/95 (3), as
last amended by Regulation (EC) No 2497/97 (4),
lays
down special detailed rules of application for export
refunds on milk and milk products; whereas Commission
Regulation (EC) No 1913/97 (5) amending Regulation (EC)
No 1466/95 varies the refunds granted on exported
cheese by destination zones; whereas it makes the destina-
licence compulsory while
tion set out
permitting refunds to be granted on exports to another
destination within the same zone; whereas experience has
shown that those provisions can result in the rejection of
licences by customs where the actual destination is dif-
ferent from that set out in the export licence, even where
both destinations are within the same destination zone;
whereas the provisions concerned should be clarified;

in the export

Whereas Article 12 of Regulation (EC) No 1466/95
describes the way refunds on milk products containing
added sugar are to be calculated; whereas there are two
different methods of calculation for sweetened condensed
milk depending on the fat content of
the product;
whereas, with a view to harmonising and simplifying the
calculation methods and the export refund nomenclature,
only one method should be used to determine the refund
per kilogram of lactic matter;

Whereas refunds on such products, and in particular the
measures
compliance with commitments
concerning exports under GATT, would be easier to
administer if a maximum quantity of incorporated sucrose

to ensure

(1) OJ L 148, 28. 6. 1968, p. 13.
(2) OJ L 206, 16. 8. 1996, p. 21.
(3) OJ L 144, 28. 6. 1995, p. 22.
(4) OJ L 345, 16. 12. 1997, p. 12.
(5) OJ L 268, 1. 10. 1997, p. 27.

Article 1

Regulation (EC) No 1466/95 is hereby amended as
follows:

1. Article 11(2) is replaced by the following:

Box 20 of

‘2.
licence applications and licences
covered by the second indent of paragraph 1 shall bear
the following entry: “Licence valid for Zone . . . as
defined in Article 11(3) of Regulation (EC) No
1466/95”.

in box 7 of

Where the product does not reach the destination set
out
the licence and, notwithstanding
Article 21(2) of Regulation (EEC) No 3665/87, where
the actual destination is in the same zone, the refund
in accordance with Article 20(3) of Regulation (EEC)
No 3665/87 shall be paid.

Where the actual destination is in another zone, no
refund shall be granted.’;

2. Article 12 is amended as follows:

(a) paragraph 1(b) is replaced by the following:

‘(b) a component

representing the quantity of
added sucrose up to a maximum of 40 % by
weight of whole product.’;

(b) paragraphs 2 and 3 are replaced by the following:

The component referred to in paragraph 1(a)
‘2.
shall be calculated by multiplying the basic amount
by the milk product content of
the product
concerned.

31. 3. 98

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Official Journal of the European Communities

L 98/7

The basic amount referred to in the first subpara-
graph shall be the refund on one kilogram of milk
products contained in the whole product.

products listed in Article 1(1)(d) of Council Regula-
tion (EEC) No 1785/81 (*).

(*) OJ L 177, 1. 7. 1981, p. 4.’

3.
The component referred to in paragraph 1(b)
shall be calculated by multiplying the sucrose
content of the whole product, up to a maximum of
40 %, by the basic amount of the refund applicable
on the day the licence application is lodged for the

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

It shall apply from 1 April 1998 to licence applications
submitted from that date.

Article 2

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