31987R2674

No L 253/ 10 Official Journal of the European Communities 4. 9 . 87

COMMISSION REGULATION (EEC) No 2674/87 of 3 September 1987 altering the export refunds on milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time Having regard to the Treaty establishing the European limit set by its chairman, Economic Community, Having regard to the Act of Accession of Spain and Portugal, HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regula­ Article 1 tion (EEC) No 773/87 (2), and in particular Article 17 (4) thereof, The export refunds referred to in Article 17 of Regulation (EEC) No 804/68 on products exported in the natural Whereas the export refunds on milk and milk products state, as fixed in the Annex to Regulation (EEC) No were fixed by Commission Regulation (EEC) No 2453/87 are hereby altered, in respect of the products set 2453/87 (3) ; out in the Annex hereto, to the amounts set out therein . Whereas it follows from applying the detailed rules contained in Regulation (EEC) No 2453/87 to the infor­ mation known to the Commission that the export refunds Article 2 ~ for the products listed in the Annex hereto should be altered to the amounts set out therin : This Regulation shall enter 4 September 1987.

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

Done at Brussels, 3 September 1987. For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 148 , 28 . 6 . 1968 , p . 13 . 0 OJ No L 78 , 20 . 3 . 1987, p. 1 . (3) OJ No L 227, 14. 8 . 1987, p . 15.

4 . 9 . 87 No L 253/ 11 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 3 September 1987 altering the export refunds on milk and milk products

Refund CCT (in ECU/ 100 kg heading Description Code net weight No unless otherwise indicated)

04.04 E. Other : (cont 'd) I. Not grated or powdered, of a fat content, by weight, not exceeding 40 % and a water content, calculated by weight, of the non-fatty matter :

ex a) Not exceeding 47 % :

3) Other (excluding cheeses produced from whey), of a fat content, by weight, in the dry matter of 30 % or more 4710 22 for exports to : Il — Zone E 130,00 ll — Canada 80,00 — — Norway and Finland \ — Switzerland 70,00 \ — Other destinations 180,00

(') When the product falling within this subheading is a mixture containing added whey and/or added lactose and/or casein and/or casei­ nates, 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 and/or casein and/or caseinates have been added to the product. (2) The weight of the added non-lactic matter and/or added whey and/or added lactose and/or added casein and/or added caseinates, 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 and/or added casein and/or added caseinates, the added whey and/or added lactose and/or added casein and/or added caseinates 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, whether or not whey and/or lactose and/or casein and/or caseinates have been added, and where this is the case : — the actual content by weight of whey and/or lactose and/or casein and/or caseinate added per 100 kg of finished product, and, in particular, — the lactose content of the added whey. (3) When the product contains casein and/or caseinates that were added before or at the time of processing, no 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 and/or casein and/or caseinates have been added . (4) The weight of added non-lactic matter and/or added whey and/or added lactose and/or added casein and/or added caseinates shall not be taken into account for the purpose of calculating the fat content, by weight. The refund p^r 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 100 kg of product ; however, where whey and/or lactose and/or casein and/or caseinates have been added to the product, the amount per kilogram shown shall be multi­ plied by the weight of lactic part excluding the weight of added whey and/or added lactose and/or added casein and/or added caseinates, 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, whether or not whey and/or lactose and/or casein and/or caseinates have been added, and where this is the case : — the actual content by weight of whey and/or lactose and/or casein and/or caseinates added per 100 kg of finished product, and, in particular, — the lactose content of the added whey.

No L 253 / 12 4. y . 87 Official Journal of the European Communities

(*) 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 and/or casein and/or caseinates 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 and/or added casein and/or added caseinates 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, whether or not whey and/or lactose and/or casein and/or caseinates have been added, and where this is the case : — the actual content by weight of whey and/or lactose and/or casein and/or caseinate 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. f7) 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, whether or not whey and/or lactose and/or casein and/or caseinates have been added, and where this is the case : — the content by weight of the added whey and/or added lactose and/or added casein and/or added caseinates, and — the lactose content of the added whey per 100 kg of finished product. (9) '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. (10) On the export of such products under Regulation (EEC) No 765/86 : — the amount of the refund shall be that applying on 16 October 1986 in respect of products for which the export licence with advance fixing of the refund was issued before 1 January 1987 ; — no refund is to apply in respect of products for which the export licence was issued on or after 1 January 1987. N.B. : Zones A, B, C 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.