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
Date: 1998-12-30
Institutions: European Commission
Subjects: export refund, milk, milk product, production aid

31. 12. 98

EN

Official Journal of the European Communities

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 European
Community,

Having regard to Council Regulation (EEC) No 804/68 of
27 June 1968 on the common organization 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 (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 the
Community may be covered by an export refund; whereas
Commission Regulation (EC) No 1222/94 of 30 May 1994
laying down common implementing rules for granting
export refunds on certain agricultural products exported
in the form of goods not covered by Annex II to the
Treaty, and criteria for
such
refunds (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 are
exported in the form of goods listed in the Annex to
Regulation (EEC) No 804/68;

fixing the amount of

Whereas, in accordance with the first subparagraph of
Article 4 (1) of Regulation (EC) No 1222/94, the rate of
the 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 production
refunds, aids or other measures having equivalent effect
applicable in all Member States in accordance with the
Regulation on the common organization of the market in
the product in question to the basic products listed in
Annex A to that Regulation or to assimilated products;

out in Article 1 of Council Regulation (EEC) No 987/68
of 15 July 1968 laying down general rules for granting aid
for 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 prices
and the granting of aid for cream, butter and concentrated
butter 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 to
industries which manufacture certain goods;

Whereas Article 2 of Council Regulation (EC) No 1103/
97 of 17 June 1997 on certain provisions relating to the
the euro (9) provides that, as from 1
introduction of
January 1999, all references to the ecu in legal instru-
ments are to be replaced by references to the euro at the
rate of EUR 1 to ECU 1;

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

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 to
Regulation (EEC) No 804/68, are hereby fixed as shown
in 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 not
listed in the Annex to this Regulation.

Whereas Article 11 (1) of Regulation (EEC) No 804/68
provides for the payment of aid for Community-produced
skimmed milk processed into casein if such milk and the
casein manufactured from it fulfil certain conditions set

Article 2

This Regulation shall enter into force on 1 January 1999.

(1) OJ L 148, 28. 6. 1968, p. 13.
(2) OJ L 206, 16. 8. 1996, p. 21.
(3) OJ L 136, 31. 5. 1994, p. 5.
(4) OJ L 184, 27. 6. 1998, p. 25.

(5) OJ L 169, 18. 7. 1968, p. 6.
(6) OJ L 138, 31. 5. 1990, p. 8.
(7) OJ L 350, 20. 12. 1997, p. 3.
(8) OJ L 256, 18. 9. 1998, p. 9.
(9) OJ L 162, 19. 6. 1997, p. 1.

L 358/82

EN

Official Journal of the European Communities

31. 12. 98

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

CN code

Description

ex 0402 10 19

Powdered milk, in granules or other solid forms, not con-
taining added sugar or other sweetening matter, with a fat
content not exceeding 1,5 % by weight (PG 2):

(a) On exportation of goods of CN code 3501
(b) On exportation of other goods

ex 0402 21 19

Powdered milk, in granules or other solid forms, not con-
taining added sugar or other sweetening matter, with a fat
content of 26 % by weight (PG 3):

(a) Where goods

incorporating,

in the form of products
assimilated to PG 3, reduced-price butter or cream obtained
pursuant to Regulation (EEC) No 2571/97 are exported

(b) On exportation of other goods

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 the
conditions provided for in Regulation (EEC) No 2571/97
are exported

(b) On exportation of goods of CN code 2106 90 98 con-

taining 40 % or more by weight of milk fat

(c) On exportation of other goods

(EUR/100 kg)

Rate of
refund

—
82,50

80,39

114,00

61,00

177,25

170,00