CELEX: 31998R2861
Language: en
Date: 1998-12-30 00:00:00
Title: Commission Regulation (EC) No 2861/98 of 30 December 1998 fixing the rates of the refunds applicable to certain milk products exported in the form of goods not covered by Annex II to the Treaty

31. 12. 98               EN                Official Journal of the European Communities                                L 358/81
                                        COMMISSION REGULATION (EC) No 2861/98
                                                      of 30 December 1998
                     fixing the rates of the refunds applicable to certain milk products exported in the
                                     form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           out in Article 1 of Council Regulation (EEC) No 987/68
                                                                      of 15 July 1968 laying down general rules for granting aid
                                                                      for skimmed milk processed into casein or caseinates (5),
Having regard to the Treaty establishing the European                 as last amended by Regulation (EEC) No 1435/90 (6);
Community,
                                                                      Whereas Commission Regulation (EC) No 2571/97 of 15
                                                                      December 1997 on the sale of butter at reduced prices
Having regard to Council Regulation (EEC) No 804/68 of                and the granting of aid for cream, butter and concentrated
27 June 1968 on the common organization of the market                 butter for use in the manufacture of pastry products,
in milk and milk products (1), as last amended by Regula-             ice-cream and other foodstuffs (7), as last amended by
tion (EC) No 1587/96 (2), and in particular Article 17 (3)            Regulation (EC) No 1982/98 (8), lays down that butter and
thereof,                                                              cream at reduced prices should be made available to
                                                                      industries which manufacture certain goods;
Whereas Article 17 (1) of Regulation (EEC) No 804/68                  Whereas Article 2 of Council Regulation (EC) No 1103/
provides that the difference between prices in inter-                 97 of 17 June 1997 on certain provisions relating to the
national trade for the products listed in Article 1 (a), (b),         introduction of the euro (9) provides that, as from 1
(c), (d), (e), and (g) of that Regulation and prices within the       January 1999, all references to the ecu in legal instru-
Community may be covered by an export refund; whereas                 ments are to be replaced by references to the euro at the
Commission Regulation (EC) No 1222/94 of 30 May 1994                  rate of EUR 1 to ECU 1;
laying down common implementing rules for granting
export refunds on certain agricultural products exported              Whereas the measures provided for in this Regulation are
in the form of goods not covered by Annex II to the                   in accordance with the opinion of the Management
Treaty, and criteria for fixing the amount of such                    Committee for Milk and Milk Products,
refunds (3), as last amended by Regulation (EC) No 1352/
98 (4), specifies the products for which a rate of refund
should be fixed, to be applied where these products are
exported in the form of goods listed in the Annex to
Regulation (EEC) No 804/68;
                                                                      HAS ADOPTED THIS REGULATION:
Whereas, in accordance with the first subparagraph of
Article 4 (1) of Regulation (EC) No 1222/94, the rate of                                         Article 1
the refund per 100 kilograms for each of the basic prod-
ucts in question must be fixed for each month;                        1. The rates of the refunds applicable to the basic prod-
                                                                      ucts appearing in Annex A to Regulation (EC) No 1222/
                                                                      94 and listed in Article 1 of Regulation (EEC) No 804/68,
Whereas Article 4 (3) of Regulation (EC) No 1222/94                   exported in the form of goods listed in the Annex to
provides that, when the rate of the refund is being fixed,            Regulation (EEC) No 804/68, are hereby fixed as shown
account should be taken, where necessary, of production               in the Annex to this Regulation.
refunds, aids or other measures having equivalent effect
applicable in all Member States in accordance with the                2. No rates of refund are fixed for any of the products
Regulation on the common organization of the market in                referred to in the preceding paragraph which are not
the product in question to the basic products listed in               listed in the Annex to this Regulation.
Annex A to that Regulation or to assimilated products;
Whereas Article 11 (1) of Regulation (EEC) No 804/68                                             Article 2
provides for the payment of aid for Community-produced
skimmed milk processed into casein if such milk and the               This Regulation shall enter into force on 1 January 1999.
casein manufactured from it fulfil certain conditions set
                                                                      (5) OJ L 169, 18. 7. 1968, p. 6.
( 1) OJ  L  148, 28.  6. 1968, p. 13.                                 (6) OJ L 138, 31. 5. 1990, p. 8.
( 2) OJ  L  206, 16.  8. 1996, p. 21.                                 (7) OJ L 350, 20. 12. 1997, p. 3.
( 3) OJ  L  136, 31.  5. 1994, p. 5.                                  (8) OJ L 256, 18. 9. 1998, p. 9.
( 4) OJ  L  184, 27.  6. 1998, p. 25.                                 (9) OJ L 162, 19. 6. 1997, p. 1.
 ---pagebreak--- L 358/82     EN                  Official Journal of the European Communities                             31. 12. 98
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States.
         Done at Brussels, 30 December 1998.
                                                                           For the Commission
                                                                             Karel VAN MIERT
                                                                      Member of the Commission
                                                       ANNEX
         to the Commission Regulation of 30 December 1998 fixing the rates of the refunds appli-
         cable to certain milk products exported in the form of goods not covered by Annex II to the
                                                        Treaty
                                                                                             (EUR/100 kg)
                                                                                               Rate of
              CN code                                   Description
                                                                                               refund
         ex 0402 10 19       Powdered milk, in granules or other solid forms, not con-
                             taining 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                                  82,50
         ex 0402 21 19       Powdered milk, in granules or other solid forms, not con-
                             taining 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 Regulation (EEC) No 2571/97 are exported           80,39
                             (b) On exportation of other goods                                 114,00
         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 (EEC) No 2571/97
                                 are exported                                                   61,00
                             (b) On exportation of goods of CN code 2106 90 98 con-
                                 taining 40 % or more by weight of milk fat                    177,25
                             (c) On exportation of other goods                                 170,00