CELEX: 31985R1090
Language: en
Date: 1985-04-27 00:00:00
Title: Commission Regulation (EEC) No 1090/85 of 25 April 1985 altering the export refunds on milk and milk products

No L 114/44                       Official Journal of the European Communities                            27. 4. 85
                                COMMISSION REGULATION (EEC) No 1090/85
                                                  of 25 April 1985
                           altering the export refunds on milk and milk products
 THE COMMISSION OF THE EUROPEAN                              refunds for the products listed in the Annex hereto
 COMMUNITIES,                                                should be altered to the amounts set out therein ;
                                                             Whereas the measures provided for in this Regulation
 Having regard to the Treaty establishing the European       are in accordance with the opinion of the Management
 Economic Community,                                         Committee for Milk and Milk Products,
 Having regard to Council Regulation (EEC) No 804/68         HAS ADOPTED THIS REGULATION :
of 27 June 1968 on the common organization of the
 market in milk and milk products ('), as last amended                              Article 1
by Regulation (EEC) No 591 /85 (2), and in particular
Article 17 (4) thereof,                                      The export refunds referred to in Article 17 of Regula­
                                                             tion (EEC) No 804/68 on products exported in the
                                                             natural state, as fixed in the Annex to Regulation
Whereas the export refunds on milk and milk                  (EEC) No 957/85 are hereby altered, in respect of the
 products were fixed by Commission Regulation (EEC)          products set out in the Annex hereto, to the amounts
 No 957/85 (3) ;                                             set out therein .
                                                                                    Article 2
Whereas it follows from applying the detailed rules
contained in Regulation (EEC) No 957/85 to the infor­        This Regulation shall enter into force on 30 April
mation known to the Commission that the export               1985 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 25 April 1985.
                                                                      For the Commission
                                                                       Frans ANDRIESSEN
                                                                          Vice-President
(') OJ No L 148, 28 . 6. 1968, p. 13.
(2) OJ No L 68, 8 . 3. 1985, p. 5.
(3) OJ No L 102, 12. 4. 1985, p. 28 .
 ---pagebreak--- 27. 4. 85                             Official Journal of the European Communities                             No L 114/45
                                                             ANNEX
            to the Commission Regulation of 25 April 1985 altering the export refunds on milk and
                                                          milk products
                                                                                                            Refund
   CCT
  heading                                     Description                                   Code       (in ECU/ 100 kg
    No                                                                                                    net weight
                                                                                                  unless otherwise indicated)
23.07     Sweetened forage ; other preparations of a kind used in animal feeding :
          ex B. Other, containing starch, glucose or glucose syrup, maltodextrine or
                 maltodextrine syrup falling within subheadings 17.02 B and 21.07 F
                 II, or milk products, excluding special compound feedingstuffs (') :
                      I. Containing starch, or glucose or glucose syrup, or maltodex­
                         trine or maltodextrine syrup falling within subheadings 17.02
                         B and 21.07 F II :
                         a) Containing no starch or containing 10 % or less, by
                             weight, of starch :
                             (3) Containing 50 % or more but less than 75 % , by
                                 weight, of milk products and a content of milk in
                                 powder or granules (excluding whey), by weight, of (8) :
                                 (aa) Less than 30 %                                      5700 13
                                 (bb) 30 % or more but less than 40 %                     5700 23             —
                                 (cc) 40 % or more but less than 50 %                     5700 33             —
                                 (dd) 50 % or more but less than 60 %                     5700 42             —
                                 (ee) 60 % or more but less than 70 %                     5700 52             3,47
                                 (ff) 70 % or more                                        5700 62             4,03
                             (4) Containing 75 % or more, by weight, of milk products
                                 and a content of milk in powder or granules (excluding
                                 whey), by weight, of (8) :
                                 (aa) Less than 30 %                                      5800 13
                                 (bb) 30 % or more but less than 40 %                     5800 23             —
                                 (cc) 40 % or more but less than 50 %                     5800 32             —
                                 (dd) 50 % or more but less than 60 %                     5800 42             —
                                 (ee) 60 % or more but less than 70 %                     5800 52             3,47
                                 (ff) 70 % or more but less than 75 %                     5800 62             4,03
                                 (gg) 75 % or more but less than 80 %                     5800 72             4,31
                                 (hh) 80 % or more                                        5800 82             4,59
 ---pagebreak--- No L 114/46                   Official Journal of the European Communities                                 27. 4. 85
                                                                                                   Refund
   CCT
                                      Description                                 Code        (in ECU/ 100 kg
  heading                                                                                        net weight
    No
                                                                                         unless otherwise indicated)
23.07       ex II. Containing no starch, glucose or glucose syrup, maltodextrine
(cont 'd)          or maltodextrine syrup falling within subheadings 17.02 B
                   and 21.07 F II, and containing 50 % or more milk products,
                   by weight and with a milk content in powder or granules
                   (excluding whey), by weight, of (8) :
                   (a) 30 % or more but less than 40 %                           5900 01           25,15
                   (b) 40 % or more but less than 50 %                           5900 05           33,01
                   (c) 50 %  or more  but  less  than  60 %                      5900 12           40,87
                   (d) 60 %  or more  but  less  than  70 %                      5900 22           48,73
                   (e) 70 %  or more  but  less  than  80 %                      5900 32           56,59
\                  (f) 80 %  or more  but   less  than 88 %                      5900 42           64,45
                   (g) 88 % or more                                              5900 52           70,74
 ---pagebreak---  27. 4. 85                                Official Journal of the European Communities                                 No L 114/47
  (') When the product falling within this subheading is a mixture containing added whey and/or added lactose, no export refund
       shall be granted.
      When completing customs formalities, the applicant shall state on the declaration provided for this purpose, whether or not
      whey and/or lactose have been added to the product.
  (2) The weight of the added non-lactic matter and/or added whey and/or added lactose shall not be taken into account for the
       purpose of calculation of the fat content by weight. When the product falling within this subheading is a mixture containing
       added whey and/or added lactose, the added whey and/or added lactose shall not be taken into account in the calculation of
       the amount of refund .
      When completing customs formalities, the applicant shall state on the declaration provided for this purpose :
      — the actual content by weight of whey and/or lactose added per 100 kg of finished product,
           and, in particular,
      — the lactose content of the added whey.
  (4) The weight of added non-lactic matter and/or added whey and/or added lactose shall not be taken into account for the
       purpose of calculating the fat content, by weight.
      The refund per 1 00 kg of product falling within this subheading shall be equal to the sum of the following components :
      (a) the amount per kilogram shown, multiplied by the weight of the lactic part contained in 1 00 kg of product ; however,
           where whey and/or lactose have been added to the product, the amount per kilogram shown shall be multiplied by the
           weight of lactic part excluding the weight of added whey and/or added lactose, contained in 1 00 kg of product ;
      (b) a component calculated in accordance with the provisions of Article 2 (3) of Regulation (EEC) No 1098/68 .
      When completing customs formalities, the applicant shall state on the declaration provided for this purpose :
      — the actual content by weight of whey and/or lactose added per 100 kg of finished product,
           and, in particular,
      — the lactose content of the added whey.
  (*) The refund on 1 00 kg of product falling within this subheading is equal to the sum of the following elements :
      (a) the amount per 100 kg shown ; however, where whey and/or lactose have been added to the product, the amount per 100
           kg shown shall be :
           — multiplied by the weight of the lactic part other than the added whey and/or added lactose contained in 100 kg of
                product, and then
           — divided by the weight of the lactic part contained in 100 kg of product ;
      (b) a component calculated in accordance with the provisions of Article 2 (3) of Regulation (EEC) No 1098/68 .
      When completing customs formalities, the applicant shall state on the declaration provided for this purpose :
      — the actual content by weight of whey and/or lactose added per 100 kg of finished product,
           and, in particular,
      — the lactose content of the added whey.
  (*) No refund shall be paid in respect of exported cheese of which the free-at-frontier price, before application of the refund and
        the monetary compensatory amount, in the exporting Member State, is less than 140 ECU per 100 kilograms. This limitation
        to 140 ECU per 100 kilograms does not apply to cheeses falling within subheading 04.04 E I ex c) of the Common Customs
        Tariff.
  Q In the case of cheeses presented in containers which also contain conserving liquid, in particular brine, the refund is granted
      on the net weight, the weight of the liquid being deducted.
  (8) When completing customs formalities, the applicant shall state on the declaration provided for this purpose :
      — the skimmed-milk powder content, by weight,
      — the content by weight of the added whey and/or lactose, and
      — the lactose content of the added whey
      per 100 kg of finished product.
  (') 'Special compound feedingstuffs' are compound feedingstuffs containing skimmed-milk powder and fish meal and/or more
      than 9 g of iron and/or more than 1,2 g of copper in 100 kg of product.
(I0) Amount applicable only in the cases indicated in Article 10 (3) to (5) of Regulation (EEC) No 2729/81 .
(") The amount of the refund indicated is also applicable to ghee exported in accordance with the provisions of Regulation (EEC)
      No 2278 /84.
N.B. : Zones A, B, C, D and E are those defined in Regulation (EEC) No 1098/68, as last amended by Regulation (EEC) No
          2283 / 81 .
The weight of non-milk fat should be disregarded for the purposes of calculating fat content, by weight.