Commission Regulation (EC) No 157/2004 of 29 January 2004 fixing the rates of the refunds applicable to certain milk products exported in the form of goods not covered by Annex I to the Treaty
Date: 2004-01-29
Institutions: European Commission
Subjects: export refund, milk product

30.1.2004

EN

Official Journal of the European Union

L 27/15

COMMISSION REGULATION (EC) No 157/2004

of 29 January 2004

fixing the rates of the refunds applicable to certain milk products exported in the form of goods
not covered by Annex I to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 15
May 1999 on the common organisation of the market in milk
and milk products (1), as last amended by Regulation (EC) No
1787/2003 (2), and in particular Article 31(3) thereof,

Whereas:

(1)

(2)

(3)

Article 31(1) of Regulation (EC) No 1255/1999 provides
that the difference between prices in international 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. Commission Regu-
lation (EC) No 1520/2000 of 13 July 2000 laying down
common implementing rules for granting export refunds
on certain agricultural products exported in the form of
goods not covered by Annex I to the Treaty, and criteria
for
last
amended by Regulation (EC) No 740/2003 (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 Annex II to Regulation (EC) No
1255/1999.

fixing the amount of

such refunds (3), as

In accordance with the first subparagraph of Article 4(1)
of Regulation (EC) No 1520/2000, the rate of the refund
per 100 kilograms for each of the basic products in
question must be fixed for each month.

However in the case of certain milk products exported
in the form of goods not covered by Annex I to the
Treaty, there is a danger that, if high refund rates are
fixed in advance, the commitments entered into in rela-
tion to those refunds may be jeopardised. In order to
avert that danger, it is therefore necessary to take appro-
priate precautionary measures, but without precluding
the conclusion of
long-term contracts. The fixing of
specific refund rates for the advance fixing of refunds in
respect of those products should enable those two objec-
tives to be met.

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 270, 21.10.2003, p. 121.
(3) OJ L 177, 15.7.2000, p. 1.
(4) OJ L 106, 29.4.2003, p. 12.

(5)

(6)

(7)

Article 4(3) of Regulation (EC) No 1520/2000 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 applic-
able in all Member States in accordance with the Regu-
lation on the common organisation of the market in the
in question to the basic products listed in
product
Annex A to that Regulation or to assimilated products.

Article 12(1) of Regulation (EC) No 1255/1999 provides
the payment of aid for Community-produced
for
skimmed milk processed into casein if such milk and the
casein manufactured from it fulfil certain conditions.

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 concen-
for use in the manufacture of pastry
trated butter
foodstuffs (5), as last
products,
amended by Regulation (EC) No 635/2000 (6), lays down
that butter and cream at reduced prices should be made
available to industries which manufacture certain goods.

ice cream and other

of

the

concerning

importation

In accordance with Council Regulation (EC) No 1039/
2003 of 2 June 2003 adopting autonomous and transi-
tional measures concerning the importation of certain
processed agricultural products originating in Estonia
and the exportation of certain agricultural products to
Estonia (7), Council Regulation (EC) No 1086/2003 of 18
and transitional
June 2003 adopting autonomous
measures
certain
processed agricultural products originating in Slovenia
and the exportation of certain processed agricultural
products to Slovenia (8), Council Regulation (EC) No
1087/2003 of 18 June 2003 adopting autonomous and
transitional measures concerning the importation of
certain processed agricultural products originating in
Latvia and the exportation of certain processed agri-
cultural products to Latvia (9), Council Regulation (EC)
No 1088/2003 of 18 June 2003 adopting autonomous
and transitional measures concerning the importation of
certain processed agricultural products originating in
Lithuania and the exportation of certain processed agri-
cultural products to Lithuania (10), Council Regulation
(EC) No 1089/2003 of 18 June 2003 adopting autono-
mous and transitional measures concerning the importa-
tion of certain processed agricultural products origin-
ating in the Slovak Republic and the exportation of
certain processed agricultural products to the Slovak
Republic (11) and Council Regulation (EC) No 1090/2003

(5) OJ L 350, 20.12.1997, p. 3.
(6) OJ L 76, 25.3.2000, p. 9.
(7) OJ L 151, 19.6.2003, p. 1.
(8) OJ L 163, 1.7.2003, p. 1.
(9) OJ L 163, 1.7.2003, p. 19.
(10) OJ L 163, 1.7.2003, p. 38.
(11) OJ L 163, 1.7.2003, p. 56.

L 27/16

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Official Journal of the European Union

30.1.2004

of

the

concerning

importation

of 18 June 2003 adopting autonomous and transitional
measures
certain
processed agricultural products originating in the Czech
Republic and the exportation of certain processed agri-
cultural products to the Czech Republic (1) with effect
from 1 July 2003, processed agricultural products not
listed in Annex I to the Treaty which are exported to
Estonia, Slovenia, Latvia, Lithuania, Slovakia or Czech
Republic are not eligible for export refunds.

(8)

(9)

concerning the

In accordance with Council Regulation (EC) No 999/
2003 of 2 June 2003 adopting autonomous and transi-
tional measures
certain
processed agricultural products originating in Hungary
and the export of certain processed agricultural products
to Hungary (2), with effect from 1 July 2003, the goods
referred to in its Article 1(2) which are exported to
Hungary shall not be eligible for export refunds.

import of

In accordance with Council Regulation (EC) No 1890/
2003 of 27 October 2003 adopting autonomous and
transitional measures concerning the importation of
certain processed agricultural products originating in
Malta and the exportation of certain processed agri-
cultural products
from 1
November 2003, processed agricultural products not
listed in Annex I to the Treaty which are exported to
Malta, shall not be eligible for export refunds.

to Malta (3), with effect

(10)

(11)

It is necessary to ensure continuity of strict management
taking account of expenditure forecasts and funds avail-
able in the budget.

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

HAS ADOPTED THIS REGULATION:

Article 1

The rates of
the refunds applicable to the basic products
appearing in Annex A to Regulation (EC) No 1520/2000 and
listed in Article 1 of Regulation (EC) No 1255/1999, and
exported in the form of goods listed in Annex II to Regulation
(EC) No 1255/1999 shall, in respect of the products listed in
the Annex to this Regulation, be fixed in accordance with that
Annex.

Article 2

This Regulation shall enter into force on 30 January 2004.

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

Done at Brussels, 29 January 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission

(1) OJ L 163, 1.7.2003, p. 73.
(2) OJ L 146, 13.6.2003, p. 10.
(3) OJ L 278, 29.10.2003, p. 1.

30.1.2004

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Official Journal of the European Union

L 27/17

Rates of the refunds applicable from 30 January 2004 to certain milk products exported in the form of goods
not covered by Annex I to the Treaty

ANNEX

CN code

Description

(EUR/100 kg)

Rate of refund (1)

In case of
advance fixing
of refunds

Other

ex 0402 10 19

Powdered milk, in granules or other solid forms, not containing
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

—

45,15

—

64,50

ex 0402 21 19

Powdered milk, in granules or other solid forms, not containing
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 assimi-
reduced-price butter or cream obtained

lated to PG 3,
pursuant to Regulation (EC) No 2571/97 are exported

54,05

77,22

(b) on exportation of other goods

72,45

103,50

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 (EC) No 2571/97 are exported

65,10

93,00

(b) on exportation of goods of CN code 2106 90 98 containing

129,68

185,25

40 % or more by weight of milk fat

(c) on exportation of other goods

124,60

178,00

(1) With effect from 1 July 2003 these rates are not applicable to goods not covered by Annex I to the Treaty when exported to the
Czech Republic, Estonia, Latvia, Lithuania, Slovakia or Slovenia, and to the goods referred to in Article 1(2) of Regulation (EC) No
999/2003 when exported to Hungary. With effect from 1 November 2003 these rates are not applicable to goods not covered by
Annex I to the Treaty when exported to Malta.