5.5.98 Official Journal of the European Communities L 131/3 COMMISSION REGULATION (EC) No 938/98 of 4 May 1998 amending Regulation (EC) No 2931/95 amending Regulation (EEC) No 804/68 and other regulations as a result of the amendment of the Combined Nomenclature for certain milk products THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricul- tural products ('), as amended by Regulation (EEC) No 3209/89 (3), and in particular Article 2(1) thereof, Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organisation of the market in milk and milk products (%), as last amended by Regula- tion (EC) No 1587/96 (*), and in particular Articles 13(3) and 17(14) thereof, Whereas Commission Regulation (EC) No 2448/95 of 10 October 1995 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomencla- ture and on the Common Customs Tariff () amends the codes of certain milk products from 1 January 1996; Whereas Commission Regulation (EC) No 2931/95 (%), as amended by Regulation (EC) No 1812/97 ("), amends the regulations regarding milk and milk products affected by the amendment of the CN code subheadings, including Regulation (EEC) No 804/68; Whereas Article 17(1) of Regulation (EEC) No 804/68, read in conjunction with the Annex thereto before its amendment by Regulation (EC) No 2931/95, as inter- preted by the Court of Justice of the European Com- munities in Case C-334/985, authorises the grant of export refunds on milk products contained both in preparations with a basis of coffee and in preparations with a basis of extracts, essences and concentrates of coffee; whereas this interpretation of the Court was not taken into account when the Annex to Regulation (EEC) No 804/68 was amended by Regulation (EC) No 2931/95; whereas, in order to bring Regulation (EC) No 2931/95 into line with this interpretation, the relevant code and the code for preparations with a basis of extracts, essences of tea or maté, for which the same approach should have been followed, should be entered in the Annex to Regulation (EEC) No 804/68; whereas, in order to avoid any break in the application of the Court’s interpretation, the amend- ments should apply from 1 January 1996; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, HAS ADOPTED THIS REGULATION: Article 1 The seventh indent of Article 1(4) of Regulation (EC) No 2931/95 is hereby replaced by the following: ‘— the information relating to CN codes ex 2101 10 and 2101 20 is replaced by the following: CN code Description “ex 2101 Extracts, essences and concentrates of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: 21011292 — — — Preparations with a basis of these extracts, essences or concentrates of coffee 21011298 — — — Other — — Preparations: 2101 20 92 — — — With a basis of extracts, essences or concentrates of tea or maté 2101 20 98 — — — Other” 34, 9. 2. 1979, p. 2. 312, 27. 10. 1989, p. 5. 148, 28. 6. 1968, p. 13. 206, 16. 8. 1996, p. 21. 259, 30. 10. 1995, p. 1. 307, 20. 12. 1995, p. 10. 257, 20. 9. 1997, p. S. SN D) S VN 0000000 S S S SS onll onll onll ol enl ol o 3