Commission Regulation (EC) No 381/1999 of 19 February 1999 amending Regulation (EEC) No 3846/87 establishing an agricultural product nomenclature for export refunds
Date: 1999-02-19
Institutions: European Commission
Subjects: agricultural product nomenclature, export refund

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COMMISSION REGULATION (EC) No 381/1999

of 19 February 1999

amending Regulation (EEC) No 3846/87 establishing an agricultural product
nomenclature for export refunds

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

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 Regula-
tion (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 2742/98 (4), estab-
lishes, on the basis of the Combined Nomenclature, an
agricultural product nomenclature for export
refunds;
whereas it lays down the requirements relating to the
product codes for cheeses on which refunds are granted,
in particular as
their maximum water and
minimum fat content; whereas the requirements for
certain cheeses should be amended in order to reflect
better the situation of the product exported;

regards

Whereas the footnotes in Section 9 of the Annex to the
Regulation contain the rules to be applied to the grant
and calculation of the refunds on milk and milk products;
whereas the rules provide that refunds are not to be
granted in respect of non-lactic matter other than sucrose;
whereas very small quantities of such matter are required
for the manufacture and/or preservation of certain prod-
ucts; whereas, in order to avoid practical difficulties when
determining these added quantities, they should not be
taken into account up to a certain content; whereas the
footnotes should be amended accordingly;

HAS ADOPTED THIS REGULATION:

Article 1

Section 9 of the Annex to Regulation (EEC) No 3846/87
is amended as follows:

1. the description for CN code 0401 reads as follows:

‘Milk and cream, not concentrated nor containing
added sugar or other sweetening matter (15):';

2. the data concerning CN codes ex 0406 90 87 and ex
0406 90 88 are replaced by the data contained in
Annex I;

3. footnotes 1, 2, 4, 13 and 14 are replaced by the foot-

notes shown in Annex II;

4. the following footnote 15 is added:

‘(15) The products referred to may contain small amounts of
additives required for their manufacture or preservation.
Where these additives do not exceed 0,5 % by weight of
the whole product, they are to be taken into account for
the purposes of calculating the refund. However, where
these additives exceed in total 0,5 % by weight of the
whole product, they are 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 products have been added and, where this is the
case, the maximum additive content.'

Whereas the wording of
footnote 1 has resulted in
differing interpretations and applications for liquid prod-
ucts falling within CN codes 0401, 0403 and 0404 since 1
April 1998; whereas the wording should be clarified to
ensure uniform application to all liquid milk products
and to enable interested parties who so request to make
use of the clarification retroactively;

(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 348, 23. 12. 1998, p. 1.

Article 2

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

the request of

However, at
the applicant, point 3 of
Article 1 shall apply with effect from 1 April 1998 in
respect of the application of footnote 1.

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

Done at Brussels, 19 February 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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CN code

Description of goods

ANNEX I

Additional requirements for
using the product code

Maximum water
content in
product weight
(%)

Minimum fat
content in
dry weight
(%)

Product
code

‘ex 0406 90 87 – – – – – – – – Exceeding 52 % but not exceeding 62 %:

– – – – – – – – – Cheese produced from whey, except

for

Manouri

– – – – – – – – – Other, of a fat content, by weight, in the

dry matter:

– – – – – – – – – – Of less than 5 %

– – – – – – – – – – Of 5 % or more but less than 19 %

– – – – – – – – – – Of 19 % or more but less than 40 %

– – – – – – – – – – Of 40 % or more:

– – – – – – – – – – – Idiazabal, Manchego and Roncal,
from

exclusively

manufactured
sheep’s milk

– – – – – – – – – – – Maasdam

– – – – – – – – – – – Manouri

– – – – – – – – – – – Hush(cid:134)llsost

– – – – – – – – – – – Murukoloinen

– – – – – – – – – – – Gr(cid:132)ddost

– – – – – – – – – – – Other

ex 0406 90 88 – – – – – – – – Exceeding 62 % but not exceeding 72 %:

– – – – – – – – – Cheeses produced from whey

– – – – – – – – – Other:

– – – – – – – – – – Of a fat content, by weight, in the dry

matter:

60

55

53

45

45

43

46

41

39

47

0406 90 87 9100

0406 90 87 9200

0406 90 87 9300

0406 90 87 9400

0406 90 87 9951

0406 90 87 9971

0406 90 87 9972

0406 90 87 9973

0406 90 87 9974

0406 90 87 9975

0406 90 87 9979

0406 90 88 9100

5

19

45

45

53

45

50

60

40

– – – – – – – – – – – Of 10 % or more but less than 19 %

60

10

0406 90 88 9300'

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ANNEX II

‘(1) Where the product falling within this subheading contains added 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 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 be taken into account in
the calculation of the refund.

The products referred to may contain small quantities of added non-lactic matter required for their
manufacture or preservation. Where these additives do not exceed 0,5 % by weight of the whole product,
they are to be taken into account for the purposes of calculating the refund. However, where these
additives exceed in total 0,5 % by weight of the whole product, they are not to be taken into account for
the purposes of calculating the refund.

If the product falling within this subheading consists of permeate, no export refund is payable.

When completing customs formalities, the applicant must state on the declaration provided for that
purpose whether the product consists of permeate or 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 maximum 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.

(2) Where the product falling within this subheading contains added 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 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 be taken into acount in
the calculation of the refund.

The products referred to may contain small quantities of added non-lactic matter required for their
manufacture or preservation. Where these additives do not exceed 0,5 % by weight of the whole product,
they are to be taken into account for the purposes of calculating the refund. However, where these
additives exceed in total 0,5 % by weight of the whole product, they are not to be taken into account for
the purposes of calculating the refund.

If the product falling within this subheading consists of permeate, no export refund is payable.

When completing customs formalities, the applicant must state on the declaration provided fo that
purpose whether the product consists of permeate or whether or not non-lactic matter and/or whey
and/or products derived from whey and/or lactose and/or casein and/or caseinate and/or permeate and/or
products covered by CN code 3504 have been added and, where this is the case:

— the maximum 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.'

‘(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 the lactic matter contained in 100
kilograms of product. The products referred to may contain small quantities of added non-lactic
matter required for their manufacture of preservation. Where these additives do not exceed 0,5 % by
weight of the whole product, they are to be taken into account for the purposes of calculating the
refund. However, where these additives exceed in total 0,5 % by weight of the whole product, they are
not to be taken into account for the purposes of calculating the refund.

Where 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, 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;

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(b) a component calculated in accordance with Article 16(3) of Commission Regulation (EC) No 174/

1999 (OJ L 20, 27.1.1999, p. 8).

When completing customs formalities, the applicant must state on the declaration provided for that
purpose whether the product consists of permeate or 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 maximum content by weight of sucrose and/or other 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.

If the lactic matter in the product consists of permeate, no export refund is payable.'

‘(13) The products referred to may contain small quantities of added non-lactic matter required for their
manufacture or preservation. Where these additives do not exceed 0,5 % by weight of the whole product,
they are to be taken into account for the purposes of calculating the refund. However, where these
additives exceed in total 0,5 % by weight of the whole product, they are 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 maximum
content by weight of the non-lactic matter added per 100 kilograms of finished product.

(14) The refund per 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 contained in 100
kilograms of product. The products referred to may contain small quantities of added non-lactic
matter required for their manufacture or preservation. Where these additives do not exceed 0,5 % by
weight of the whole product, they are to be taken into account for the purposes of calculating the
refund. However, where these additives exceed in total 0,5 % by weight of the whole product, they are
not to be taken into account for the purposes of calculating the refund;

(b) a component calculated in accordance with Article 16(3) of Commission Regulation (EC) No 174/

1999 (OJ L 20, 27.1.1999, p. 8).

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