Commission Regulation (EC) No 558/2005 of 12 April 2005 amending Regulations (EEC) No 3846/87 establishing an agricultural product nomenclature for export refunds and (EC) No 174/1999 laying down special detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of milk and milk products
Date: 2005-04-12
Institutions: European Commission
Subjects: agricultural product nomenclature, cheese, export refund

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Official Journal of the European Union

13.4.2005

COMMISSION REGULATION (EC) No 558/2005

of 12 April 2005

amending Regulations (EEC) No 3846/87 establishing an agricultural product nomenclature for
export refunds and (EC) No 174/1999 laying down special detailed rules for the application of
Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of
milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1255/1999 of
17 May 1999 on the common organisation of the markets in
milk and milk products (1), and in particular Article 31(14)
thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EEC) No 3846/87 (2), on the
basis of the Combined Nomenclature, establishes an agri-
cultural product nomenclature for export refunds.

The refund nomenclature provides for cheeses to be
they meet minimum
eligible for an export refund if
requirements as regards milk dry matter and milk fat.
A type of cheese produced in some new Member
States may meet those necessary requirements but may
not benefit from a refund since it is not covered by the
present classification system of the export refund nomen-
clature. Given the importance of that cheese for the dairy
industry, trade and milk producers involved, it is appro-
priate to add a product code under an ‘other cheeses’
position enabling that cheese to be classified under the
export refund nomenclature.

the

limits

export

The quantities for which export licences are requested in
the product category ‘cheeses’ are continually exceeding
the profile of
imposed on the
Community in the framework of the Agreement on Agri-
culture following the Uruguay Round of Multilateral
Trade Negotiations. The
licences
the newly created
which will be applied for under
position will
the pressure on the
further
category.

additional

increase

export

(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 366, 24.12.1987, p. 1. Regulation as last amended by
Regulation (EC) No 2199/2004 (OJ L 380, 24.12.2004, p. 1).

100

Article 3 of Commission Regulation (EC) No 174/1999 (3)
provides that no refund shall be granted on exports of cheese
where the free-at-frontier price prior to application of the
refund in the Member State of export is less than EUR 230
per
code
the nomenclature for refunds is
0406 90 33 9919 of
exempt from this provision. It is appropriate in these
circumstances and given the high level of demand for
export licences for cheeses to apply this provision to all
cheeses without exception.

kilograms. Cheese

falling within

applicable

Footnote 10 of Sector 9 of Annex I of Regulation (EEC)
No 3846/87,
to grated, powdered and
processed cheeses, states that added non-lactic matter
will not be taken into account for the purpose of calcu-
is appropriate to extend this
lating the refund.
provision to all cheeses and to better describe the non-
lactic matter concerned. It may not be possible for the
exporter and even more difficult
the competent
authorities to determine the weight of these matters. It
therefore appropriate to reduce the refund by a
is
standard amount.

for

It

The refund is granted on the net weight of the cheeses.
Some confusion may exist in cases where cheeses are
contained in an envelope of paraffin, ash or wax or
is appropriate to
wrapped in a film of plastic.
provide that such packing are not a part of the net
weight of the product
for the purpose of calculating
the refund. It may not be possible for the exporter and
for the competent authorities, as regards the plastic film,
the paraffin and the ash, to determine the weight of such
materials. It is therefore suitable to reduce the refund by
a standard amount.

It

(5)

(6)

(7)

Regulations (EEC) No 3846/87 and (EC) No 174/1999
should be amended accordingly.

(8)

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

(3) OJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation

(EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

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Official Journal of the European Union

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HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EEC) No 3846/87 is amended in accordance with the Annex to this Regulation.

In Article 3 of Regulation (EC) No 174/1999 the fourth paragraph is deleted.

Article 2

Article 3

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

It shall apply on export licences applied for from 27 May 2005.

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

Done at Brussels, 12 April 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Official Journal of the European Union

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

ANNEX

1. The description of the CN code ‘ex 0406’ is replaced by the following: ‘Cheese and curd (7) (10):’

2. The description of the CN code ‘ex 0406 20’ is replaced by the following: ‘— Grated or powdered cheese, of all kinds:’

3. The description of the CN code ‘ex 0406 30’

powdered:’

is replaced by the following:

‘— Processed cheese, not grated or

4. The information relating to CN code ‘ex 0406 90 88’ is replaced by the following:

CN code

Description of goods

Additional requirements for
using the product code

Maximum
water content
in product
weight
(%)

Minimum fat
content in the
dry matter
(%)

Product code

‘ex 0406 90 88

– – – – – – – – Exceeding 62 % but not exceeding

72 %:

– – – – – – – – – cheeses produced from whey

0406 90 88 9100

– – – – – – – – – Other:

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

– – – – – – – – – – – Of 10 % or more but

less

60

10

0406 90 88 9300

than 19 %

– – – – – – – – – – – Of 40 % or more:

– – – – – – – – – – – – Akawi

55

40

0406 90 88 9500’

5. Footnote 7 is replaced by the following text:

‘(7)

(a)

In the case of cheeses presented in immediate packing which also contain preserving liquid, in particular brine,
the refund is granted on the net weight, less the weight of the liquid.

(b) The film of plastic, the paraffin, the ash and the wax used as a packing are not considered as a part of the net

weight of the product for the purpose of the refund.

(c) Where the cheese is presented in a film of plastic, and where the net weight declared includes the weight of

the film in plastic, the refund amount shall be reduced by 0,5 %.

When completing customs formalities, the applicant shall state that the cheese is packed in a film of plastic
and whether the declared net weight includes the weight of the film in plastic.

(d) Where the cheese is presented in paraffin or ash, and where the net weight declared includes the weight of the

paraffin or the ash, the refund amount shall be reduced by 2 %.

When completing customs formalities, the applicant shall state that the cheese is packed in paraffin or in ash,
and whether the declared net weight includes the weight of the ash or the paraffin.

(e) Where the cheese is presented in wax, when completing customs formalities, the applicant must state on the

declaration the net weight of the cheese not incorporating the weight of the wax.’

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6. Footnote 10 is replaced by the following:

‘(10) (a) Where the product contains non-lactic ingredients, other than spices or herbs, such as in particular ham, nuts,

shrimps, salmon, olives, raisins, the refund amount shall be reduced by 10 %.

When completing customs formalities, the applicant shall state on the declaration provided for that purpose
that there is addition of such non-lactic ingredients.

(b) Where the product contains herbs or spices, such as in particular mustard, basil, garlic, oregano, the refund

amount shall be reduced by 1 %.

When completing customs formalities, the applicant shall state on the declaration provided for that purpose
that there is addition of herbs or spices.

(c) Where the product contains casein and/or caseinates and/or whey and/or products derived from whey and/or
lactose and/or permeate and/or products covered by CN code 3504, the added casein and/or caseinates and/or
whey and/or products derived from whey (excluding whey butter covered by CN code 0405 10 50) and/or
lactose and/or permeate and/or products covered by CN code 3504 will not be taken into account for the
purpose of calculating the refund.

When completing customs formalities, the applicant shall state on the declaration provided for that purpose
whether or not casein and/or caseinates and/or whey and/or products derived from whey and/or lactose
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 casein and/or caseinates and/or whey and/or products derived from whey
(specifying where applicable the whey butter content) and/or lactose and/or permeate and/or products covered
by CN code 3504 added per 100 kilograms of finished product.

(d) The products referred to may contain quantities of added non-lactic matter required for their manufacture or

preservation, such as salt, rennet or mould.’