Commission Regulation (EC) No 144/2009 of 19 February 2009 fixing the rates of the refunds applicable to milk and milk products exported in the form of goods not covered by Annex I to the Treaty
Date: 2009-02-19
Institutions: European Commission
Subjects: export, export refund, milk, milk product

L 49/12

EN

Official Journal of the European Union

20.2.2009

COMMISSION REGULATION (EC) No 144/2009

of 19 February 2009

fixing the rates of the refunds applicable to milk and 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
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (single CMO Regulation) (1), and in particular
Article 164(2) thereof,

Whereas:

(1)

(2)

(3)

for

the

trade

Article 162(1)b of Regulation (EC) No 1234/2007
the difference between prices in inter­
provides that
in
national
to
Article 1(1)(p) and listed in Part XVI of Annex I
to
that Regulation and prices within the Community may
be covered by an export refund where these goods are
exported in the form of goods listed in Part IV of Annex
XX to that Regulation.

products

referred

regards

Commission Regulation (EC) No 1043/2005 of 30 June
2005 implementing Council Regulation
(EC) No
3448/93 as
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 Part IV of Annex XX to
Regulation (EC) No 1234/2007.

In accordance with the second paragraph, subparagraph
(a) 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 for a period
of
for which refunds are
fixed for the same products exported unprocessed.

the same duration as that

(5)

(6)

(7)

(8)

Article 11 of the Agreement on Agriculture concluded
under the Uruguay Round lays down that the export
refund for a product contained in a good may not
exceed the refund applicable to that product when
exported without further processing.

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

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 the agricultural markets
to the basic products listed in Annex I to Regulation (EC)
No 1043/2005 or to assimilated products.

for

Article 100(1) of Regulation (EC) No 1234/2007
provides
the payment of 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.

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 172, 5.7.2005, p. 24.

(3) OJ L 308, 25.11.2005, p. 1.

20.2.2009

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Official Journal of the European Union

L 49/13

(9)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered
an opinion within the time limit set by its Chair,

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005
and in Part XVI of Annex I to Regulation (EC) No 1234/2007, and exported in the form of goods listed in
Part IV of Annex XX to Regulation (EC) No 1234/2007, shall be fixed as set out in the Annex to this
Regulation.

This Regulation shall enter into force on 20 February 2009.

Article 2

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

Done at Brussels, 19 February 2009.

For the Commission

Heinz ZOUREK
Director-General Enterprise and Industry

L 49/14

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Official Journal of the European Union

20.2.2009

Rates of the refunds applicable from 20 February 2009 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

—

—

19,00

19,00

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

31,50

31,50

(b) on exportation of other goods

29,00

29,00

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

55,00

55,00

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

56,28

56,28

or more by weight of milk fat

(c) on exportation of other goods

55,00

55,00

(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.

(d) the destinations referred to in Article 36(1), Article 44(1) and Article 45(1) of Commission Regulation (EC) No 800/1999 (OJ

L 102, 17.4.1999, p. 11).