L 94/22 Official Journal of the European Union 13.4.2005 COMMISSION REGULATION (EC) No 558/2005 of 12 April 2005 amending Regulations (EEC) No 3846/87 establishing an agricultural product nomenclature for export refunds and (EC) No 174/1999 laying down special detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of milk and milk products THE COMMISSION OF THE EUROPEAN COMMUNITIES, (4)  Article 3 of Commission Regulation (EC) No 1741999 (%) provides that no refund shall be granted on exports of cheese where the free-at-frontier price prior to application of the refund in the Member State of export is less than EUR 230 Having regard to the Treaty establishing the European per 100  kilograms. ~Cheese falling within  code Community, 040690339919 of the nomenclature for refunds is exempt from this provision. It is appropriate in these circumstances and given the high level of demand for export licences for cheeses to apply this provision to all ) ) . cheeses without exception. Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the markets in milk and milk products(!), and in particular Article 31(14) thereof, (5)  Footnote 10 of Sector 9 of Annex I of Regulation (EEC) No 3846/87, applicable to grated, powdered and processed cheeses, states that added non-lactic matter Whereas: will not be taken into account for the purpose of calcu- lating the refund. It is appropriate to extend this provision to all cheeses and to better describe the non- lactic matter concerned. It may not be possible for the (1)~ Commission Regulation (EEC) No 3846/87 (%), on the exporter and even more difficult for the competent basis of the Combined Nomenclature, establishes an agri- authorities to determine the weight of these matters. It cultural product nomenclature for export refunds. is therefore appropriate to reduce the refund by a standard amount. () The refund nomenclature provides for cheeses to be eligible for an export refund if they meet minimum requirements as regards milk dry matter and milk fat. (6)  The refund is granted on the net weight of the cheeses. A type of cheese produced in some new Member Some confusion may exist in cases where cheeses are States may meet those necessary requirements but may contained in an envelope of paraffiny ash or wax or not benefit from a refund since it is not covered by the wrapped in a film of plastic. It is appropriate to present classification system of the export refund nomen- provide that such packing are not a part of the net clature. Given the importance of that cheese for the dairy weight of the product for the purpose of calculating industry, trade and milk producers involved, it is appro- the refund. It may not be possible for the exporter and priate to add a product code under an ‘other cheeses’ for the competent authorities, as regards the plastic film, position enabling that cheese to be classified under the the paraffin and the ash, to determine the weight of such export refund nomenclature. materials. It is therefore suitable to reduce the refund by a standard amount. (3)  The quantities for which export licences are requested in the product category ‘cheeses’ are continually exceeding the profile of the export limits imposed on the (7)  Regulations (EEC) No 3846/87 and (EC) No 174/1999 Community in the framework of the Agreement on Agri- should be amended accordingly. culture following the Uruguay Round of Multilateral Trade Negotiations. The additional export licences which will be applied for under the newly created position will further increase the pressure on the category. . . . . . (8)  The measures provided for in this Regulation are in () O L 160, 26.6.1999, p. 48. Regulation as last amended by accordance with the opinion of the Management Committee for Milk and Milk Products, Commission Regulation (EC) No 186/2004 (O] L 29, 3.2.2004, p. 6). () O) L 366, 24.12.1987, p. 1. Regulation as last amended by Regulation (EC) No 2199/2004 (O] L 380, 24.12.2004, p. 1). () OJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).