Commission Implementing Regulation (EU) No 1061/2011
of 20 October 2011
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 EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
Article 162(1)b of Regulation (EC) No 1234/2007 provides that the difference between prices in international trade for the products referred to in Article 1(1)(p) and listed in Part XVI of Annex I to that Regulation and prices within the Union 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.
In accordance with Article 14(1) of Regulation (EU) No 578/2010, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed.
Article 162(2) of Regulation (EC) No 1234/2007 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.
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 long-term contracts. The fixing of specific refund rates for the advance fixing of refunds in respect of those products should enable those two objectives to be met.
Article 15(2) of Regulation (EU) No 578/2010 provides that, when the rate of the refund is being fixed, account is to be taken, where appropriate, of 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 (EU) No 578/2010 or to assimilated products.
Article 100(1) of Regulation (EC) No 1234/2007 provides for the payment of aid for Union-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions.
The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EU) No 578/2010 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.
Article 2
Implementing Regulation (EU) No 713/2011 is hereby repealed.
Article 3
This Regulation shall enter into force on 21 October 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 October 2011.
For the Commission, On behalf of the President,
Heinz Zourek
Director-General for Enterprise and Industry
ANNEX
(EUR/100 kg) | |||
CN code | Description | 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 | 0,0 | 0,0 | |
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) | 0,0 | 0,0 |
ex 0405 10 | Butter, with a fat content by weight of 82 % (PG 6): | ||
(a)on exportation of goods of CN code 2106 90 98 containing 40 % or more by weight of milk fat | 0,0 | 0,0 | |
(b)on exportation of other goods | 0,0 | 0,0 | |