Commission Regulation (EC) No 646/2004 of 6 April 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: 2004-04-06
Institutions: European Commission
Subjects: export refund, milk product

L 102/42

EN

Official Journal of the European Union

7.4.2004

COMMISSION REGULATION (EC) No 646/2004

of 6 April 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), 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 fixing the amount of such refunds (2), 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.

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. Regulation as last amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p.
6).

(2) OJ L 177, 15.7.2000, p. 1. Regulation as last amended by Commis-

sion Regulation (EC) No 543/2004 (OJ L 87, 25.3.2004, p. 8).

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 Regulation (EC) No 1520/2000 or to assimi-
lated products.

Article 12(1) of Regulation (EC) No 1255/1999 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.

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 (3), as last
products,
amended by Regulation (EC) No 635/2000, lays down
that butter and cream at reduced prices should be made
available to industries which manufacture certain goods.

ice cream and other

By Regulations (EC) No 1039/2003 (4), (EC) No 1086/
2003 (5), (EC) No 1087/2003 (6), (EC) No 1088/2003 (7),
(EC) No 1089/2003 (8) and (EC) No 1090/2003 (9) the
Council adopted autonomous and transitional measures
concerning the importation of certain processed agri-
cultural products originating in Estonia, Slovenia, Latvia,
Lithuania, Slovakia and the Czech Republic and the
exportation of certain processed agricultural products to
those countries.. Those Regulations provide that 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 the
Czech Republic, shall not be eligible for export refunds.

autonomous

Council Regulation (EC) No 999/2003 of 2 June 2003
adopting
transitional measures
and
concerning the import of certain processed agricultural
products originating in Hungary and the export of
certain processed agricultural products to Hungary (10),
provides that with effect from 1 July 2003, the goods
referred to in Article 1(2) thereof, which are exported to
Hungary shall not be eligible for export refunds.

(5)

(6)

(7)

(8)

(3) OJ L 350, 20.12.1997, p. 3. Regulation as last amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p.
6).

(4) OJ L 151, 19.6.2003, p. 1.
(5) OJ L 163, 1.7.2003, p. 1.
(6) OJ L 163, 1.7.2003, p. 19.
(7) OJ L 163, 1.7.2003, p. 38.
(8) OJ L 163, 1.7.2003, p. 56.
(9) OJ L 163, 1.7.2003, p. 73.
(10) OJ L 146, 13.6.2003, p. 10.

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Official Journal of the European Union

L 102/43

(9)

Council Regulation (EC) No 1890/2003 of 27 October
2003 adopting autonomous and transitional measures
concerning the importation of certain processed agri-
cultural products originating in Malta and the exporta-
tion of
to
Malta (1), provides that with effect 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.

certain processed agricultural products

(10) With a view to enlargement of the European Union on
1 May 2004, and in order to encourage the gradual
alignment of prices in the acceding states on the Com-
munity level and to prevent any abuse through the re-
import or
re-introduction into the Community of
products in receipt of export refunds, the setting of all
remaining export refunds has been discontinued in the
milk and milk products
in relation to the
products concerned when exported unprocessed to the
acceding states.

sector,

(11)

Therefore, with effect from 7 April 2004 no refund
should be set for certain milk products exported in the
form of goods not covered by Annex I to the Treaty
when exported to Cyprus and Poland and for the goods
which are not referred to in Article 1(2) of Regulation
(EC) No 999/2003 when exported to Hungary.

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

1. Without prejudice to Article 1 and with effect from 1
July 2003 the rates set out in the Annex 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 Council
Regulation (EC) No 999/2003 when exported to Hungary.

With effect from 1 November 2003 these rates are not applic-
able to goods not covered by Annex I to the Treaty when
exported to Malta.

2. Without prejudice to Article 1 and with effect from 7
April 2004 no rates of refund shall be set in respect of goods
not covered by Annex I to the Treaty when exported to Cyprus
and Poland and in respect of goods which are not referred to in
Article 1(2) of Regulation (EC) No 999/2003 when exported to
Hungary.

(12)

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

This Regulation shall enter into force on 7 April 2004.

Article 3

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

Done at Brussels, 6 April 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission

(1) OJ L 278, 29.10.2003, p. 1.

L 102/44

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Official Journal of the European Union

7.4.2004

Rates of the refunds applicable from 7 April 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

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

—

38,15

—

54,50

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

46,66

66,65

(b) on exportation of other goods

65,10

93,00

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

58,10

83,00

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

122,68

175,25

40 % or more by weight of milk fat

(c) on exportation of other goods

117,60

168,00