CELEX: 31993R0457
Language: en
Date: 1993-02-27 00:00:00
Title: Commission Regulation (EEC) No 457/93 of 26 February 1993 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

27. 2. 93                                 Official Journal of the European Communities                            No L 49/55
                                      COMMISSION REGULATION (EEC) No 457/93
                                                       of 26 February 1993
                  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,                         (c) the need to ensure equality of competition for the
                                                                         industries which use Community products and those
                                                                         which use third-cpuntry products under inward­
                                                                         processing arrangements ;
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of              Whereas Article 4 (3) of Regulation (EEC) No 3035/80
27 June 1968 on the common organization of the market               provides that, when the rate of the refund is being fixed,
in milk and milk products ('), as last amended by Regula­           account should be taken, where necessary, of production
tion (EEC) No 2071 /92 (2), and in particular Article 17 (4)        refunds, aids or other measures having equivalent effect
thereof,                                                            applicable in all Member States in accordance with the
                                                                    Regulation on the common organization of the market in
                                                                    the product in question to the basic products listed in
                                                                    Annex A to that Regulation or to assimilated products ;
Whereas Article 17 (1 ) of Regulation (EEC) No 804/68
provides that the difference between prices in interna­
tional trade for the products listed in Article 1 (a), (b), (c)
and (e) of that Regulation and prices within the Commu­
nity may be covered by an export refund ; whereas                   Whereas Article 11 (1 ) of Regulation (EEC) No 804/68
Council Regulation (EEC) No 3035/80 of 11 November                  provides for the payment of aid for Community-produced
 1980 laying down general rules for granting export                 skimmed milk processed into casein if such milk and the
                                                                    casein manufactured from it fulfil certain conditions set
refunds on certain agricultural products exported in the
form of goods not covered by Annex II to the Treaty, and            out in Article 1 of Council Regulation (EEC) No 987/68
criteria for fixing the amount of such refunds (3), as last         of 15 July 1968 laying down general rules for granting aid
amended by Regulation (EEC) No 3381 /90 (4), specifies              for skimmed milk processed into casein or caseinates (*),
the products for which a rate of refund should be fixed, to         as last amended by Regulation (EEC) No 1435/90 (*);
be applied where these products are exported in the form
of goods listed in the Annex to Regulation (EEC) No
804/68 :
                                                                    Whereas Commission Regulation (EEC) No 570/88 of 16
                                                                    February 1988 on the sale of butter at reduced prices and
Whereas, in accordance with the first subparagraph of               the granting of aid for butter and concentrated butter for
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of          use in the manufacture of pastry products, ice-cream and
the refund per 100 kilograms for each of the basic                  other foodstuffs Q, as last amended by Regulation (EEC)
products in question must be fixed for each month ;                  No 3774/92 (8), lay down that butter and cream at reduced
                                                                    prices should be made available to industries which
                                                                    manufacture certain goods ;
Whereas, in accordance with paragraph 2 of that Article,
that rate must be determined with particular reference to :
                                                                    Whereas Council Regulation (EEC) No 1432/92 (9), as last
(a) the average costs incurred by processing industries in          amended by Regulation (EEC) No 3554/92 (10), prohibits
     obtaining supplies of the basic products in question           trade between the Community and the Republics of
     on the Community market and the prices ruling on               Serbia and Montenegro ; whereas this prohibition does
     the world markets ;                                            not apply to certain situations as given in the limitative
                                                                    enumeration laid down in Articles 2 and 3 ; whereas this
(b) the level of the refunds on exports of processed agri­          should be taken into account when refunds are fixed ;
     cultural products covered by Annex II to the Treaty
     which are manufactured under similar conditions :
                                                                    0 OJ No L 169, 18. 7. 1968, p. 6.
                                                                    0 OJ No L 138, 31 . 5. 1990, p. 8.
(') OJ  No  L  148, 28. 6. 1968, p. 13.                             o OJ No L 55, 1 . 3. 1988, p. 31 .
(2) OJ  No  L  215, 30. 7. 1992, p. 64.                             o OJ No L 383, 29. 12. 1992, p. 48,
(3) OJ  No  L  323, 29. 11 . 1980, p. 27.                           0 OJ No L 151 , 3. 6. 1992, p. 4.
(4) OJ  No  L  327, 27. 11 . 1990, p. 4.                            (,0) OJ No L 358, 8 . 12. 1992, p. 16.
 ---pagebreak--- No L 49/56                          Official Journal of the European Communities                                  27. 2. 93
Whereas the measures provided for in this Regulation are      2. No rates of refund are fixed for any of the products
in accordance with the opinion of the Management              referred to in the preceding paragraph which are not
Committee for Milk and Milk Products,                         listed in the Annex to this Regulation. ,
                                                                                           Article 2
HAS ADOPTED THIS REGULATION :                                 Where Article 8 (2) of Regulation (EEC) No 3035/80 is
                                                              applied to exports of one of the goods referred to in
                                                              Article 4 (1 ), (2) or (3) of Regulation (EEC) No 570/88 , the
                        Article 1                             rate of the refund on milk products shall be that appli­
                                                              cable to te use of reduced price butter, unless the exporter
1 . The rates of the refunds applicable to the basic          provides proof that the product does not contain redu­
products appearing in Annex A to Regulation (EEC) No          ced-price butter.
3035/80 and listed in Article 1 of Regulation (EEC) No
804/68, exported in the form of goods listed in the Annex                                   Article 3
to Regulation (EEC) No 804/68, are hereby fixed as
shown in the Annex to this Regulation.                        This Regulation shall enter into force on 1 March 1993.
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 26 February 1993.
                                                                        For the Commission
                                                                       Martin BANGEMANN
                                                                    Member of the Commission
 ---pagebreak--- 27. 2. 93                            Official Journal of the European Communities                                                No L 49/57
                                                                 ANNEX
          to the Commission Regulation of 26 February 1993 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
                                                                                                                   (ECU/100 kg)
                                                                                                                     Rate of
                CN code                                            Description                                      refund (")
          ex 0402 10 19             Powdered milk, obtained by the spray process, with a fat
                                    content of less than 1,5 % by weight and with a water
                                    content of less than 5 % by weight (PG 2) :
                                    a) On exportation of goods of CN code 3501                                          —
                                    b) On exportation of other goods                                                  65,00
          ex 0402 21 19             Powdered milk, obtained by the spray process, with a fat
                                    content of 26 % by weight and a water content of less than
                                    5 % by weight (PG 3) :
                                    a) Where goods containing reduced-price butter or cream
                                       which have been manufactured in accordance with the
                                       conditions provided for in Regulation (EEC) No 570/88
                                       are exported                                                                   56,34
                                    b) On exportation of other goods                                                 115,00
          ex 0405 00                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 570/88
                                       are exported                                                                    26,00
                                    b) On exportation of goods of CN code 2106 90 99 contai­
                                       ning 40 % or more by weight of milk fat                                       177,00
                                    c) On exportation of other goods                                                 171,00
          (*) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid
              supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council
              Regulation (EEC) No 1432/92.