Commission Regulation (EC) No 1237/2008 of 11 December 2008 amending Regulation (EC) No 1043/2005 implementing Council Regulation (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
Date: 2008-12-11
Institutions: European Commission
Subjects: agri-monetary policy, agricultural product, export refund

12.12.2008

EN

Official Journal of the European Union

L 334/55

COMMISSION REGULATION (EC) No 1237/2008

of 11 December 2008

amending Regulation (EC) No 1043/2005 implementing Council Regulation (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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 3448/93 of
arrangements
6 December 1993 laying down the
applicable to certain goods resulting from the processing of
agricultural products (1), and in particular the first subparagraph
of Article 8(3) thereof,

trade

Whereas:

(1)

(2)

(3)

Pursuant to Article 5(3) of Commission Regulation (EC)
No 1043/2005 (2) where goods are used in the manu­
facture of the goods exported, the refund rate to be used
in calculating the amount applying to each of the basic
products,
to products derived from the processing
thereof, or to products assimilated to one of those two
categories which were used in the manufacture of the
is to be the rate applicable when the
goods exported,
former goods are exported unprocessed.

In accordance with Article 19(1) of Regulation (EC) No
1043/2005 where
in
the world
ovalbumin falling within CN codes 3502 11 90 and
the specific requirements of certain
3502 19 90 or
markets so require, the refund on those goods may be
differentiated according to destination.

situation

trade

interpretation

The combined reading of Article 5(3) and Article 19(1)
in the
of Regulation (EC) No 1043/2005 may result
incorrect
containing
ovalbumin as an ingredient, which are exported to
third countries, and in particular to South Korea, Japan,
Malaysia, Thailand, Taiwan and the Philippines, may
benefit from the higher rate of refund intended solely

goods,

that

(4)

(5)

(6)

for the export of ovalbumin in the unaltered state to
those destinations.

For the sake of clarity and to protect
the financial
interests of the Community it is therefore appropriate
to clarify that only exports of ovalabumin in the
unaltered state can benefit
rate of
refund fixed for those destinations in accordance with
Article 19(1) of Regulation (EC) No 1043/2005.

from the higher

Regulation (EC) No 1043/2005 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee on horizontal questions concerning trade in
processed agricultural products not listed in Annex I,

HAS ADOPTED THIS REGULATION:

Article 1

Article 19(1) of Regulation (EC) No 1043/2005 is replaced by
the following:

‘1.
The refunds on casein falling within CN code 3501 10,
on caseinates falling within CN code 3501 90 90 or, on
ovalbumin falling within CN codes 3502 11 90 and
3502 19 90 exported in the unaltered state, may be differ­
entiated according to destination if such is required by:

the world trade situation in those goods; or

(a)
(b) specific requirements of certain markets.’

Article 2

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 11 December 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 172, 5.7.2005, p. 24.