Commission Regulation (EC) No 938/98 of 4 May 1998 amending Regulation (EC) No 2931/95 amending Regulation (EEC) No 804/68 and other regulations as a result of the amendment of the Combined Nomenclature for certain milk products
Date: 1998-05-04
Institutions: European Commission
Subjects: Combined Nomenclature, coffee, concentrated product, prepared foodstuff, tea

5. 5. 98

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Official Journal of the European Communities

L 131/3

COMMISSION REGULATION (EC) No 938/98

of 4 May 1998

amending Regulation (EC) No 2931/95 amending Regulation (EEC) No 804/68
the Combined
and other regulations as a result of

the amendment of

Nomenclature for certain milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 234/79 of
5 February 1979 on the procedure for adjusting the
Common Customs Tariff nomenclature used for agricul-
tural products (1), as amended by Regulation (EEC) No
3209/89 (2), and in particular Article 2(1) thereof,

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 (3), as last amended by Regula-
tion (EC) No 1587/96 (4), and in particular Articles 13(3)
and 17(14) thereof,

Whereas Commission Regulation (EC) No 2448/95 of 10
October 1995 amending Annex I to Council Regulation
(EEC) No 2658/87 on the tariff and statistical nomencla-
ture and on the Common Customs Tariff (5) amends the
codes of certain milk products from 1 January 1996;

Whereas Commission Regulation (EC) No 2931/95 (6), as
amended by Regulation (EC) No 1812/97 (7), amends the
regulations regarding milk and milk products affected by
the amendment of the CN code subheadings, including
Regulation (EEC) No 804/68;

Whereas Article 17(1) of Regulation (EEC) No 804/68,
read in conjunction with the Annex thereto before its
amendment by Regulation (EC) No 2931/95, as inter-
preted by the Court of Justice of the European Com-

munities in Case C-334/95, authorises the grant of export
refunds on milk products contained both in preparations
with a basis of coffee and in preparations with a basis of
extracts, essences and concentrates of coffee; whereas this
interpretation of the Court was not taken into account
when the Annex to Regulation (EEC) No 804/68 was
amended by Regulation (EC) No 2931/95; whereas,
in
order to bring Regulation (EC) No 2931/95 into line with
this interpretation, the relevant code and the code for
preparations with a basis of extracts, essences of tea or
mat(cid:130), for which the same approach should have been
followed, should be entered in the Annex to Regulation
(EEC) No 804/68; whereas, in order to avoid any break in
the application of the Court’s interpretation, the amend-
ments should apply from 1 January 1996;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

The seventh indent of Article 1(4) of Regulation (EC) No
2931/95 is hereby replaced by the following:

‘— the information relating to CN codes ex 2101 10
and 2101 20 is replaced by the following:

CN code

“ex 2101

Description

Extracts, essences and concentrates of coffee, tea or mat(cid:130) and preparations with a
basis of these products or with a basis of coffee, tea or mat(cid:130); roasted chicory and
other roasted coffee substitutes, and extracts, essences and concentrates thereof:

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

coffee

2101 12 98 – – – Other

– – Preparations:

2101 20 92 – – – With a basis of extracts, essences or concentrates of tea or mat(cid:130)

2101 20 98 – – – Other”’

(1) OJ L 34, 9. 2. 1979, p. 2.
(2) OJ L 312, 27. 10. 1989, p. 5.
(3) OJ L 148, 28. 6. 1968, p. 13.
(4) OJ L 206, 16. 8. 1996, p. 21.
(5) OJ L 259, 30. 10. 1995, p. 1.
(6) OJ L 307, 20. 12. 1995, p. 10.
(7) OJ L 257, 20. 9. 1997, p. 5.

L 131/4

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Official Journal of the European Communities

5. 5. 98

Article 2

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

It shall apply with effect from 1 January 1996.

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

Done at Brussels, 4 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission