CELEX: 31981R2366
Language: en
Date: 1981-08-18 00:00:00
Title: Commission Regulation (EEC) No 2366/81 of 17 August 1981 altering the export refunds on milk and milk products

No L 232/ 16                             Official Journal of the European Communities                           18 . 8 . 81
                                     COMMISSION REGULATION (EEC) No 2366/81
                                                       of 17 August 1981
                                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,
Having regard to the Treaty establishing the European
Economic Community,                                                HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation (EEC) No 804/68
of 27 June 1968 on the common organization of the                                         Article 1
market in milk and milk products (!), as last amended
by the Act of Accession of Greece (2), and in particular           The export refunds referred to in Article 17 of Regu­
Article 1 7 (4) thereof,                                           lation (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 2216/81 , modified, are hereby altered, in
products were fixed by Commission Regulation (EEC)                 respect of the products set out in the Annex hereto, to
No 2216/81 (3), as amended by Regulation (EEC) No                  the amounts set out therein .
2343/81 (4) ;
                                                                                          Article 2
Whereas it follows from applying the detailed rules
contained in Regulation (EEC) No 2216/81 to the                    This Regulation shall enter into force on 18 August
information known to the Commission that the export                1981 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 17 August 1981 .
                                                                            For the Commission
                                                                               Poul DALSAGER
                                                                        Member of the Commission
(') OJ No   L  148 , 28 . 6 . 1968 , p. 13 .
(2) OJ No   L 291 ,  19 . 11 . 1979, p . 17.
O   OJ No   L 214,   1 . 8 . 1981 , p. 54.
(4) OJ No   L 230 ,  14. 8 . 1981 , p . 35 .
 ---pagebreak--- 18 . 8 . 81                               Official Journal of the European Communities                             No L 232/ 17
                                                                ANNEX
              to the Commission Regulation of 17 August 1981 altering the export refunds on milk and
                                                              milk products
              Subheadings 04.01 and 04.02 of the Annex to the amended Regulation (EEC) No 2216/81 and the
              corresponding refunds are to be read as follows :
                                                                                                                Refund
    CCT
  heading                                         Description                                 Code         (in ECU/ 1 00 kg
     No                                                                                                       net weight
                                                                                                      unless otherwise indicated)
04.01       Milk and cream, fresh, not concentrated or sweetened :
            ex A. Other than whey, of a fat content, by weight, not exceeding 6 % (') :
                    I. Yoghourt, kephir, curdled milk, buttermilk and other fermented
                        or acidified milk :
                        a) In immediate packings of a net capacity of two litres or less :
                            ( 1 ) Of a fat content, by weight, not exceeding 1-5 %           011005                2-49
                            (2) Of a fat content, by weight, exceeding 1 -5 % but not
                                   exceeding 3 %                                             0110 15               4-93
                            (3) Of a fat content, by weight, exceeding 3 %                   0110 20               6-50
                        b) Other :
                            ( 1 ) Of a fat content, by weight, not exceeding 1-5 %           0110 25               2-49
                            (2) Of a fat content, by weight, exceeding 1-5 % but not
                                   exceeding 3 %                                             011035                4-93
                            (3) Of a fat content, by weight, exceeding 3 %                   0110 40               6-50
                   II . Other :
                        a) In immediate packings of a net capacity of two litres or less
                            and of a fat content, by weight :
                             1 . Not exceeding 4 % :
                                  (aa) Of a fat content, by weight, not exceeding 1 -5 %     0130 10               2-49
                                  (bb) Of a fat content, by weight, exceeding 1 -5 % but not
                                       exceeding 3 %                                         0130 22               4-93
                                  (cc) Of a fat content, by weight, exceeding 3 %            0130 31               6-50
                            2. Exceeding 4 %                                                 0140 00               7-56
                        b) Other, of a fat content, by weight :
                             1 . Not exceeding 4 % :
                                  (aa) Of a fat content, by weight, not exceeding 1 -5 %     0150 10               2-49
                                  (bb) Of a fat content, by weight, exceeding 1-5 % but not
                                       exceeding 3 %                                         0150 21               4-93
                                  (cc) Of a fat content, by weight, exceeding 3 %            0150 31               6-50
                            2. Exceeding 4 %                                                 0160 00               7-56
            ex B. Other, excluding whey, of a fat content, by weight (') :
                   ex     I. Exceeding 6 % but not exceeding 21 % :
                               (a) Of a fat content, by weight, not exceeding 10 %           0200 05               9-54
                               (b) Of a fat content, by weight, exceeding 10 % but not
                                    exceeding 17 %                                           0200 1 1             14-88
                               (c) Of a fat content, by weight, exceeding 17 %               0200 21             22-51
 ---pagebreak--- No L 232/ 18                         Official Journal of the European Communities                                18 . 8 . 81
                                                                                                         Refund
    CCT
  heading                                    Description                               Code         (in ECU/ 1 00 kg
    No                                                                                                 net weight
                                                                                               unless otherwise indicated)
04.01                 II . Exceeding 21 % but not exceeding 45 % :
(cont'd)
                           (a) Of a fat content, by weight, not exceeding 35 %        0300 12
                               for exports to :
                               — Zone C 2                                                                  —
                               — Other destinations                                                       26-86
                           (b) Of a fat content, by weight, exceeding 35 % but not
                               exceeding 39 %                                         0300 13
                               for exports to :
                               — Zone C 2
                               — Other destinations                                                       42-10
                           (c) Of a fat content, by weight, exceeding 39 %            0300 20
                               for exports to :
                               — Zone C 2
                               — Other destinations                                                       46-46
                     III . More than 45 % :
                           (a) Of a fat content, by weight, not exceeding 68 %        0400 1 1
                               for exports to :
                               — Zone C 2                                                                   —
                               — Other destinations                                                       52-98
                           (b) Of a fat content, by weight, exceeding 68 % but not
                               exceeding 80 %                                         0400 22
                               for exports to :
                               — Zone C 2
                               — Other destinations                                                       78-02
                           (c) Of a fat content, by weight, exceeding 80 %            0400 30
                               for exports to :
                               — Zone C 2                                                                   —
                               — Other destinations                                                       91-08
04.02     Milk and cream, preserved, concentrated or sweetened :
          A. Not containing added sugar (2) :
              II. Milk and cream, in powder or granules :
                  a) In immediate packings of a net capacity of 2-5 kilograms or less
                     and of a fat content, by weight :
                     1 . Not exceeding 1-5 %                                          0620 00              32-00
                     2. Exceedi'ng 1 -5 % but not exceeding 27 % :
                          (aa) Of a fat content, by weight, not exceeding 1 1 %       0720 00             32-00
                          (bb) Of a fat content, by weight, exceeding 1 1 % but not
                               exceeding 17 %                                         0720 20              47-07
                          (cc) Of a fat content, by weight, exceeding 17 % but not
                               exceeding 25 %                                         0720 30              51-85
                          (dd) Of a fat content, by weight, exceeding 25 %            0720 40              58 00
                     3 . Exceeding 27 % but not exceeding 29 % :
                          (aa) Of a fat content, by weight, not exceeding 28 %        0820 20              58-83
                          (bb) Of a fat content, by weight, exceeding 28 %            0820 30              59-56
 ---pagebreak--- 18 . 8 . 81                    Official Journal of the European Communities                        No L 232/ 19
                                                                                                Refund
    CCT
  heading                              Description                             Code        (in ECU/ 1 00 kg
     No                                                                                       net weight
                                                                                      unless otherwise indicated)
04.02          4. Exceeding 29 % :
(cont'd)
                   (aa) Of a fat content, by weight, not exceeding 41 %      0920 10             60-81
                   (bb) Of a fat content, by weight, exceeding 41 % but  not
                         exceeding 45 %                                      0920 30             69-85
                   (cc) Of a fat content, by weight, exceeding 45 % but  not
                         exceeding 59 %                                      0920 40             71-28
                   (dd) Of a fat content, by weight, exceeding 59 % but  not
                         exceeding 69 %                                      0920 50             80-51
                   (ee) Of a fat content, by weight, exceeding 69 % but  not
                         exceeding 79 %                                      0920 60             87-16
                   (ff) Of a fat content, by weight, exceeding 79 %          0920 70             93-80
            b) Other, of a fat weight content :
               1 . Not exceeding 1-5 %                                       1020 00             32-00
               2. Exceeding 1 -5 % but not exceeding 27 % :
                   (aa) Of a fat content, by weight, not exceeding 1 1 %     1120 10             32-00
                   (bb) Of a fat content, by weight, exceeding 11 % but  not
                         exceeding 17 %                                      1120 20             47-07
                   (cc) Of a fat content, by weight, exceeding 1 7 % but not
                         exceeding 25 %                                      1120 30             51-85
                   (dd) Of a fat content, by weight, exceeding 25 %          1120 40
                         for exports to :
                         — Poland                                                                90-00
                         — Other destinations                                                    58 00
               3. Exceeding 27 % but not exceeding 29 % :
                   (aa) Of a fat content, by weight, not exceeding 28 %      1220 20             58-83
                    (bb) Of a fat content, by weight, exceeding 28 %         1220 30             59-56
               4. Exceeding 29 % :
                    (aa) Of a fat content, by weight, not exceeding 41 %     1320 10             60-81
                    (bb) Of a fat content, by weight, exceeding 41 % but not
                          exceeding 45 %                                     1320 30             69-85
                    (cc) Of a fat content, by weight, exceeding 45 % but not
                          exceeding 59 %                                      1320 40             71-28
                    (dd) Of a fat content, by weight, exceeding 59 % but not
                          exceeding 69 %                                      1320 50             80-51
                    (ee) Of a fat content, by weight, exceeding 69 % but not
                          exceeding 79 %                                      1320 60             87-16
                    (ff) Of a fat content, by weight, exceeding 79 %          1320 70             93-80
 ---pagebreak--- No L 232/20                            Official Journal of the European Communities                                 18 . 8 . 81
                                                                                                           Refund
   CCT
  heading                                      Description                                Code        (in ECU/ 100 kg
    No                                                                                                   net weight
                                                                                                 unless otherwise indicated)
04.02       III. Milk and cream, other than in powder or granules :
(cont 'd)
                 a) In immediate packings of a net content of 2-5 kg or less and of a
                    fat content by weight not exceeding 11 % :
                     1 . Of a fat content, by weight, not exceeding 8-9 % and of a
                         non-fat lactic dry matter content :
                         (aa) Of less than 1 5 % and of a fat content :
                              (11 ) Not exceeding 3 % , by weight                       1420 12               —
                              (22) Exceeding 3 % , by weight                            1420 22               6-50
                         (bb) Of 1 5 % or more and of a fat content :
                               (11 ) Not exceeding 3 % , by weight                      1420 50               —
                               (22) Exceeding 3 % , by weight, but not exceeding 7-4 %  1420 60              11-57
                               (33) Exceeding 7-4 %                                     1420 70              15-44
                     2. Other, of a non fat lactic dry matter content :
                         (aa) Of less than 15% , by weight                              1520 10              12-71
                         (bb) Of 1 5 % or more, by weight                               1520 20              18-32
                 b) Other, of a fat content, by weight :
                     1 . Not exceeding 45 % and of a non fat lactic dry matter
                          content :
                         (aa) Of less than 1 5 % and of a fat content :
                               ( 11 ) Not exceeding 3 % , by weight                     1620 70               —
                               (22) Exceeding 3 % , by weight, but not exceeding 8-9 %  1630 00                6-50
                               (33) Exceeding 8-9 % , by weight, but not exceeding
                                      11 %                                              1630 10              12-71
                               (44) Exceeding 11 % , by weight, but not exceeding 21 %  1630 20              15-27
                               (55) Exceeding 21 % , by weight, but not exceeding 39 %  1630 30
                                      for exports to :
                                      — Zone C 2
                                      — Other destinations                                                   26-86
                                (66) Exceeding 39 %                                      1630 40
                                      for exports to :
                                      — Zone C 2
                                      — Other destinations                                                   46-46
                          (bb) Of 1 5 % or more and of a fat content :
                                (11 ) Not exceeding 3 % , by weight                      1630 50               —
                                (22) Exceeding 3 % , by weight, but not exceeding 7-4 %  1630 60              11-57
                                (33) Exceeding 7-4 % , by weight, but not exceeding
                                      8-9 %                                              1630 70              15-44
                                (44) Exceeding 8-9 %                                     1630 80              18-32
                      2. Exceeding 45 %                                                  1720 00
                          for exports to :
                          — Zone C 2
                          — Other destinations                                                                52-98
 ---pagebreak--- 18 . 8 . 81                          Official Journal of the European Communities                           No L 232/21
                                                                                                         Refund
    CCT
  heading                                      Description                              Code        (in ECU/ 1 00 kg
     No                                                                                                net weight
                                                                                               unless otherwise indicated)
04.02       B. Containing added sugar :
(cont'd)
                   I. Milk and cream, in powder or granules :
                      ex b) Other, excluding whey :
                             1 . In immediate packings of a net capacity of 2-5 kilo­
                                 grams or less and of a fat content, by weight :
                                 aa) Not exceeding 1-5 %                               2220 00          0-3200 (4)
                                                                                                          per kg
                                 bb) Exceeding 1 -5 % but not exceeding 27 % :
                                     ( 11 ) Of a fat content, by weight, not exceeding
                                            11 %                                       2320 10         0-3200 (4)
                                                                                                          per kg
                                     (22) Of a fat content, by weight, exceeding 11 %
                                            but not exceeding 1 7 %                    2320 20          0-4707 (4)
                                                                                                          per kg
                                     (33) Of a fat content, by weight, exceeding 17 %
                                            but not exceeding 25 %                     2320 30          0-5185 0
                                                                                                          per kg
                                     (44) Of a fat content, by weight, exceeding 25 %  2320 40          0-5800 (4)
                                                                                                          per kg
                                 cc) Exceeding 27 % :
                                     ( 11 ) Of a fat content, by weight, not exceeding
                                            41 %                                       2420 10          0-5800 (4)
                                                                                                          per kg
                                     (22) Of a fat content, by weight, exceeding 41 %  2420 20          0-6985 (4)
                                                                                                          per kg
                            2. Other, of a fat content, by weight :
                                 aa) Not exceeding 1-5 %                               2520 00          0-3200 (4)
                                                                                                          per kg
                                 bb) Exceeding 1 -5 % but not exceeding 27 % :
                                     (11 ) Of a fat content, by weight, not exceeding
                                            11 %                                       2620 10          0-3200 (4)
                                                                                                          per kg
                                     (22) Of a fat content, by weight, exceeding 1 1 %
                                            but not exceeding 17 %                     2620 20          0-4707 (4)
                                                                                                          per kg
                                     (33) Of a fat content, by weight, exceeding 17 %
                                            but not exceeding 25 %                     2620 30          0-5185 (4)
                                                                                                          per kg
                                     (44) Of a fat content, by weight, exceeding 25 %  2620 40          0-5800 (4)
                                                                                                          per kg
                                 cc) Exceeding 27 % :
                                     (11 ) Of a fat content, by weight, not exceeding
                                            41 %                                       2720 10          0-5800 (4)
                                                                                                          per kg
                                     (22) Of a fat content, by weight, exceeding 41 %  2720 20          0-6985 (4)
                                                                                                          per kg
               ex II. Milk and cream, excluding whey other than in powder or
                      granules :
                      ex a) In immediate packings of a net capacity of 2-5 kg or less
                             and of a fat content by weight not exceeding 9-5 % :
 ---pagebreak--- No L 232/22              Official Journal of the European Communities                                    18 . 8 . 81
                                                                                                 Refund
   CCT
  heading                          Description                                 Code        (in ECU/ 1 00 kg
    No                                                                                        net weight
                                                                                      unless otherwise indicated)
04.02          (1 ) Of a fat content, by weight, not exceeding 6-9 % and
(cont'd)            of a non fat lactic dry matter content :
                    (aa) Of less than 1 5 % and of a fat content :
                          (11 ) Not exceeding 3 % , by weight                 2810 11             -o
                                                                                                 per kg
                          (22) Exceeding 3 % by weight                        2810 12          0-0650 (4)
                                                                                                 per kg
                    (bb) Of 15 % or more                                      2810 15            9-72 0
               (2) Of a fat content, by weight, exceeding 6-9 % and of a
                    non fat lactic dry matter content, by weight, of 1 5 %
                    or more                                                   2810 20           18-97 0
            b) Other, of a fat content, by weight :
               ex 1 . Not exceeding 45 % :
                        (aa) Of a fat content, by weight, not exceeding
                               6-9 % and of a non fat lactic dry matter
                              content, by weight, of 1 5 % or more            2910 70            9-72 0
                        (bb) Of a fat content, by weight, exceeding 6-9 %
                              but not exceeding 21 % and of a non fat lactic
                               dry matter content, by weight, of 1 5 % or
                               more                                           2910 76           18-97 0
                        (cc) Of a fat content by weight, exceeding 9-5 %
                               but not exceeding 21 % and of a non fat lactic
                               dry matter content, by weight, less than 1 5 % 2910 80          0-1380 0
                                                                                                 per kg
                        (dd) Of a fat content, by weight, exceeding 21 %
                               but not exceeding 39 %                         2910 85
                               for exports to :
                               — Zone C 2                                                           —
                               — Other destinations                                            0-2686 (<)
                                                                                                  per kg
                        (ee) Of a fat content, by weight, exceeding 39 %      2910 90
                               for exports to :
                               — Zone C 2                                                           —
                               — Other destinations                                            0-4646 (4)
                                                                                                  per kg
                     2. Exceeding 45 %                                        3010 00
                         for exports to :
                         — Zone C 2                                                                 —
                         — Other destinations                                                   0-5298 C)
                                                                                                  per kg
 ---pagebreak---  18 . 8 . 81                            Official Journal of the European Communities                                 No L 232/23
(') 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 ^dded lactose shall not be taken into account for the purpose
     of calculating the fat content, by weight.
    The refund per 100 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 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.
Is) The refund on 100 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 applicable to cheese rinds and cheese wastes falling within heading No 04.04 of the Common Customs
    Tariff. Products unfit as such for human consumption shall be regarded ?s cheese wastes.
     No refund shall be applicable to cheeses or curd containing non-milk fat. However, in the case of cheese in which ingredients
     (such as ham, nuts etc.) which contain non-milk fat have been added a maximum of 5 % by weight of non-milk fat is allowed.
(7) This amount applies to the net weight, minus the weight of the brine.
(") 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.
 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
             242/80.
         — 'Countries of the Arabian Peninsula' are to be understood in the sense of this Regulation as the following countries situ­
             ated in the Arabian Peninsula and the territories there connected : Saudi Arabia, Bahrain, Qatar, Kuwait, Sultanate of
             Oman, Union of Arab Emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qawain, Fujairah, Ras al Khaimah),
             Yemen Arab Republic (Yemen North) and People's Democratic Republic of Yemen (Yemen South).
The weight of non-milk fat should be disregarded for the purposes of calculating fat content, by weight.