Commission Regulation (EC) No 39/2008 of 17 January 2008 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: 2008-01-17
Institutions: European Commission
Subjects: butter, export refund, milk product, powdered milk

18.1.2008

EN

Official Journal of the European Union

L 15/25

COMMISSION REGULATION (EC) No 39/2008

of 17 January 2008

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
17 May 1999 on the common organisation of the market in
milk and milk products (1), and in particular Article 31(3)
thereof,

Whereas:

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.

Council

Regulation

implementing

Commission Regulation (EC) No 1043/2005 of 30 June
2005
(EC)
No 3448/93 as regards the system of granting export
refunds on certain agricultural products exported in the
form of goods not covered by Annex I to the Treaty, and
the criteria for fixing the amount of such refunds (2),
specifies the products for which a rate of refund is to
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.

it

those refunds may be jeopardised. In order to avert that
danger,
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

Article 15(2) of Regulation (EC) No 1043/2005 provides
that, when the rate of the refund is being fixed, account
is to be taken, where appropriate, of production refunds,
aids or other measures having equivalent effect applicable
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 I
to
to Regulation (EC) No 1043/2005 or
assimilated products.

the market

the payment of

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

(EC) No

1898/2005

Commission Regulation
of
9 November 2005 laying down detailed rules for imple-
menting Council Regulation (EC) No 1255/1999 as
regards measures for the disposal of cream, butter and
concentrated butter (3), lays down that butter and cream
at reduced prices should be made available to industries
which manufacture certain goods.

(5)

(6)

(7)

(8)

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

In accordance with the first paragraph of Article 14 of
Regulation (EC) No 1043/2005, the rate of the refund
per 100 kilograms for each of the basic products in
question is to be fixed each month.

HAS ADOPTED THIS REGULATION:

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

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Council

Regulation (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 3).

Article 1

The rates of the refunds applicable to the basic products listed
in Annex I to Regulation (EC) No 1043/2005 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.

(2) OJ L 172, 5.7.2005, p. 24. Regulation as last amended by Regu-

(3) OJ L 308, 25.11.2005, p. 1. Regulation as last amended by Regu-

lation (EC) No 1496/2007 (OJ L 333, 19.12.2007, p. 3).

lation (EC) No 1546/2007 (OJ L 337, 21.12.2007, p. 68).

(1)

(2)

(3)

(4)

L 15/26

EN

Official Journal of the European Union

18.1.2008

This Regulation shall enter into force on 18 January 2008.

Article 2

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

Done at Brussels, 17 January 2008.

For the Commission

Heinz ZOUREK
Director-General Enterprise and Industry

18.1.2008

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Official Journal of the European Union

L 15/27

Rates of the refunds applicable from 18 January 2008 to certain milk products exported in the form of goods
not covered by Annex I to the Treaty (1)

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

—

0,00

—

0,00

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 1898/2005 are exported

0,00

0,00

(b) on exportation of other goods

0,00

0,00

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 1898/2005 are exported

0,00

0,00

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

0,00

or more by weight of milk fat

(c) on exportation of other goods

0,00

0,00

0,00

(1) The rates set out in this Annex are not applicable to exports to

(a) third countries: Andorra, the Holy See (Vatican City State), Liechtenstein, the United States of America and the goods listed in
Tables I and II of Protocol 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972
exported to the Swiss Confederation.

(b) territories of EU Member States not forming part of the customs territory of the Community: Ceuta, Melilla, the Communes of
Livigno and Campione d’Italia, Heligoland, Greenland, the Faeroe Islands and the areas of the Republic of Cyprus in which the
Government of the Republic of Cyprus does not exercise effective control.

(c) European territories for whose external relations a Member State is responsible and not forming part of the customs territory of

the Community: Gibraltar.