Commission Regulation (EC) No 1873/2004 of 28 October 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: 2004-10-28
Institutions: European Commission
Subjects: award of contract, butter, export refund, powdered milk

L 326/14

EN

Official Journal of the European Union

29.10.2004

COMMISSION REGULATION (EC) No 1873/2004

of 28 October 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,

Having regard to the Treaty
Community,

establishing the European

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)

(4)

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 Regulation (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),
for which a rate
the products
applied where
fixed,
of
these products are exported in the form of goods
listed
(EC) No
to
1255/1999.

refund should be

in Annex

Regulation

specifies

to be

II

In accordance with the first subparagraph of Article 4(1)
of Regulation (EC) No 1520/2000, the rate of the refund
per 100 kg 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 relation to
those refunds may be jeopardised.
In order to avert
that danger, it is therefore necessary to take appropriate
precautionary measures, but without precluding the
conclusion of
fixing of
specific refund rates for the advance fixing of refunds
in respect of those products should enable those two
objectives to be met.

long-term contracts. The

(5)

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 applicable

(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
Commission Regulation (EC) No 886/2004 (OJ L 168, 1.5.2004,
p. 14).

(6)

(7)

(8)

in all Member States in accordance with the Regulation
on the common organisation of
in the
in question to the basic products listed in
product
Annex A to Regulation (EC) No 1520/2000 or
to
assimilated products.

the market

the payment of

Article 12(1) of Regulation (EC) No 1255/1999 provides
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
lays down
products,
reduced prices should be
that butter and cream at
made available to industries which manufacture certain
goods.

ice-cream and other foodstuffs (3),

of

24

2004

September

In accordance with Council Regulation (EC) No
1676/2004
adopting
autonomous and transitional measures concerning the
importation of certain processed agricultural products
originating in Bulgaria and the exportation of certain
to Bulgaria (4) with
processed agricultural products
effect
from 1 October 2004, processed agricultural
products not listed in Annex I to the Treaty which are
exported to Bulgaria are not eligible for export refunds.

(9)

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 rates of the refunds applicable to the basic products listed
in Annex A to Regulation (EC) No 1520/2000 and 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
be fixed as set out in the Annex to this Regulation.

Article 2

By way of derogation from Article 1 and with effect from 1
October 2004, the rates set out in the Annex are not applicable
to goods not covered by Annex I to the Treaty when exported
to Bulgaria.

Article 3

This Regulation shall enter into force on 29 October 2004.

(3) OJ L 350, 20.12.1997, p. 3. Regulation as last amended by
Commission Regulation (EC) No 921/2004 (OJ L 163, 30.4.2004,
p. 94).

(4) OJ L 301, 28.9.2004, p. 1.

29.10.2004

EN

Official Journal of the European Union

L 326/15

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

Done at Brussels, 28 October 2004.

For the Commission

Olli REHN
Member of the Commission

L 326/16

EN

Official Journal of the European Union

29.10.2004

Rates of the refunds applicable from 29 October 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

—

—

29,00

29,00

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 assimilated to
PG 3, reduced-price butter or cream obtained pursuant to Regu-
lation (EC) No 2571/97 are exported

36,05

36,05

(b) on exportation of other goods

70,00

70,00

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

46,00

46,00

(b) on exportation of goods of CN code 2106 90 98 containing 40 %

138,25

138,25

or more by weight of milk fat

(c) on exportation of other goods

131,00

131,00