CELEX: 31996R2098
Language: en
Date: 1996-10-31 00:00:00
Title: COMMISSION REGULATION (EC) No 2098/96 of 31 October 1996 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

1 . 11 . 96              EN                  Official Journal of the European Communities                           No L 282/33
                                           COMMISSION REGULATION (EC) No 2098 /96
                                                           of 31 October 1996
                    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,                            whereas Commission Regulation (EEC) No 570/88 of 16
                                                                       February 1988 on the sale of butter at reduced prices and
Having regard to the Treaty establishing the European                  the granting of aid for butter and concentrated butter for
Community,                                                             use in the manufacture of pastry products, ice-cream and
                                                                       other foodstuffs (7), as last amended by Regulation (EC)
Having regard to Council Regulation (EEC) No 804/68 of                 No 531 /96 (8), lay down that butter and cream at reduced
27 June 1968 on the common organization of the market                  prices should be made available to industries which
in milk and milk products ('), as last amended by Regula­              manufacture certain goods;
tion (EC) No 1 587/96 (2), and in particular Article 17 (3)
thereof,                                                               Whereas Council Regulation (EEC) No 990/93 (9), as
                                                                       amended by Regulation (EC) No 1380/95 (10), prohibits
                                                                       trade between the European Community and the Federal
Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68                 Republic of Yugoslavia (Serbia and Montenegro); whereas
provides that the difference between prices in interna­                this prohibition does not apply in certain situations as
tional trade for the products listed in Article 1 (a), (b), (c),       comprehensively listed in Articles 2, 4, 5 and 7 thereof
(d), (e), and (g) of that Regulation and prices within the             and in Council Regulation (EC) No 462/96 ("); whereas
Community may be covered by an export refund; whereas                  account should be taken of this fact when fixing the
Commission Regulation (EC) No 1222/94 of 30 May 1994                   refunds;
laying down common implementing rules for granting
export refunds on certain agricultural products exported               Whereas the measures provided for in this Regulation are
in the form of goods not covered by Annex II to the                    in accordance with the opinion of the Management
Treaty, and criteria for fixing the amount of such                     Committee for Milk and Milk Products,
refunds (3), as last amended by Regulation (EC) No
229/96 (4), specifies the products for which a rate of
refund should be fixed, to be applied where these
products are exported in the form of goods listed in the               HAS ADOPTED THIS REGULATION :
Annex to Regulation (EEC) No 804/68 ;
                                                                                                   Article 1
Whereas, in accordance with the first subparagraph of
Article 4 ( 1 ) of Regulation (EC) No 1222/94, the rate of
the refund per 100 kilograms for each of the basic                      1 . The rates of the refunds applicable to the basic
products in question must be fixed for each month;                     products appearing in Annex A to Regulation (EC) No
                                                                        1222/94 and listed in Article 1 of Regulation (EEC) No
                                                                       804/68 , exported in the form of goods listed in the Annex
Whereas Article 4 (3) of Regulation (EC) No 1222/94                    to Regulation (EEC) No 804/68 , are hereby fixed as
provides that, when the rate of the refund is being fixed,             shown in the Annex to this Regulation .
account should be taken, where necessary, of production
refunds, aids or other measures having equivalent effect               2. No rates of refund are fixed for any of the products
applicable in all Member States in accordance with the                 referred to in the preceding paragraph which are not
Regulation on the common organization of the market in                 listed in the Annex to this Regulation .
the product in question to the basic products listed in
Annex A to that Regulation or to assimilated products;                 3 . Refunds on exports to the Federal Republic of
                                                                       Yugoslavia (Serbia and Montenegro) may be granted only
Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68                 when the conditions laid down in amended Regulation
provides for the payment of aid for Community-produced                 (EEC) No 990/93 and Regulation (EC) No 462/96 are
skimmed milk processed into casein if such milk and the                observed .
casein manufactured from it fulfil certain conditions set
out in Article 1 of Council Regulation (EEC) No 987/68
of 15 July 1968 laying down general rules for granting aid                                         Article 2
for skimmed milk processed into casein or caseinates (5),
as last amended by Regulation (EEC) No 1435/90 (6);                    This Regulation shall enter into force on 1 November
                                                                        1996 .
(') OJ   No L   148 , 28 . 6. 1968 , p. 13 .
 2  OJ   No L  206, 16.    8 . 1996, p. 21 .                           0 OJ No L 55, 1 . 3 . 1988, p. 31 .
0   OJ   No L   136, 31 .  5. 1994,  p. 5 .                            (R) OJ No L 78, 28 . 3. 1996, p. 13 .
O   OJ   No L  30 , 8 . 2.  1996, p.  24.                              (») OJ No L 102, 28 . 4. 1993 , p. 14.
0   OJ   No L   169, 18 .  7. 1968 , p. 6.                             ( I0) OJ No L 138 , 21 . 6. 1995, p. 1 .
(«) OJ   No L  138 , 31 .  5. 1990 , p. 8 .                              ") OJ No L 65, 15 . 3 . 1996, p. 1 .
 ---pagebreak--- No L 282/34     EN               Official Journal of the European Communities                           1 . 11 . 96
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 31 October 1996 .
                                                                        For the Commission
                                                                        Martin BANGEMANN
                                                                    Member of the Commission
                                                       ANNEX
            to the Commission Regulation of 31 October 1996 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                              63,00
            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                                               67,23
                               (b) On exportation of other goods                             108,00
            ex 0405 10         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                                               65,00
                               (b) On exportation of goods of CN code 2106 90 98
                                   containing 40 % or more by weight of milk fat             197,25
                               (c) On exportation of other goods                             190,00