CELEX: 31992R3930
Language: en
Date: 1992-12-31 00:00:00
Title: Commission Regulation (EEC) No 3930/92 of 30 December 1992 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

31 . 12. 92                                Official Journal of the European Communities                            No L 398/ 1
                                                                  I
                                                (Acts whose publication is obligatory)
                                       COMMISSION REGULATION (EEC) No 3930/92
                                                       of 30 December 1992
                   fixing die 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,                           (a) the average costs incurred by processing industries in
                                                                           obtaining supplies of the basic products in question
                                                                           on the Community market and the prices ruling on
                                                                           the world markets ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                      (b) the level of the refunds on exports of processed agri­
                                                                           cultural products covered by Annex II to the Treaty
                                                                           which are manufactured under similar conditions ;
Having regard to Council Regulation (EEC) No 804/68 of
27 June 1968 on the common organization of the market                 (c) the need to ensure equality of competition for the
in milk and milk products ('), as last amended by Regula­                  industries which use Community products and those
tion (EEC) No 2071 /92 (2), and in particular Article 17 (4)               which use third-country products under inward­
thereof,                                                                   processing arrangements ;
Whereas Article 17 (1 ) of Regulation (EEC) No 804/68
provides that the difference between prices in interna­                whereas Article 4 (3) of Regulation (EEC) No 3035/80
tional trade for the products listed in Article 1 (a), (b), (c)       provides that, when the rate of the refund is being fixed,
and (e) of that Regulation and prices within the Commu­               account should be taken, where necessary, of production
nity may be covered by an export refund ; whereas                     refunds, aids or other measures having equivalent effect
Council Regulation (EEC) No 3035/80 of 11 November                    applicable in all Member States in accordance with the
 1980 laying down general rules for granting export                   Regulation on the common organization of the njarket in
refunds on certain agricultural products exported in the              the product in question to the basic products listed in
form of goods not covered by Annex II to the Treaty, and              Annex A to that Regulation or to assimilated products ;
criteria for fixing the amount of such refunds (3), as last
amended by Regulation (EEC) No 3381 /90 (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 Annex to Regulation (EEC) No                   Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68
804/68 ;                                                              provides for the payment of aid for Community-produced
                                                                      skimmed milk processed into casein if such milk and the
                                                                      casein manufactured from it fulfil certain conditions set
                                                                      out in Article 1 of Council Regulation (EEC) No 987/68
Whereas, in accordance with the first subparagraph of                 of 15 July 1968 laying down general rules for granting aid
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of            for skimmed milk processed into casein or caseinates Q,
the refund per 100 kilograms for each of the basic                    as last amended by Regulation (EEC) No 1435/90 (6);
products in question must be fixed for each month ;
Whereas, in accordance with paragraph 2 of that Article,
that rate must be determined with particular reference to :           Whereas Commission Regulation (EEC) No 570/88 of 16
                                                                      February 1988 on the sale of butter at reduced prices and
                                                                      the granting of aid for butter and concentrated butter for
(■) OJ  No  L  148,  28. 6. 1968, p. 13.
0   OJ  No  L  215,  30. 7. 1992, p. 64.
(J) OJ  No  L  323,  29. 11 . 1980, p. 27.                            O OJ No L 169, 18. 7. 1968, p. 6.
(4) OJ  No  L  327,  27. 11 . 1990, p. 4.                             (6) OJ No L 138 , 31 . 5. 1990, p. 8 .
 ---pagebreak--- No L 398/2                              Official Journal of the European Communities                                31 . 12. 92
use in the manufacture of pastry products, ice-cream and          3035/80 and listed in Article 1 of Regulation (EEC) No
other foodstuffs ('), as last amended by Regulation (EEC)         804/68, exported in the form of goods listed in the Annex
No 1 24/92 (2), lay down that butter and cream at reduced         to Regulation (EEC) No 804/68, are hereby fixed as
prices should be made available to industries which               shown in the Annex to this Regulation.
manufacture certain goods ;
                                                                  2. No rates of refund are fixed for any of the products
Whereas Council Regulation (EEC) No 1432/92 (3), as               referred to in the preceding paragraph which are not
amended by Regulation (EEC) No 2015/92 (4), prohibits             listed in the Annex to this Regulation.
trade between the Community and the Republics of
Serbia and Montenegro ; whereas this prohibition does
not apply to certain situations as given in the limitative                                      Article 2
enumeration laid down in Articles 2 and 3 ; whereas this
should be taken into account when refunds are fixed ;             Where Article 8 (2) of Regulation (EEC) No 3035/80 is
Whereas the Management Committee for Milk and Milk                applied to exports of one of the . goods referred to in
Products has not delivered an opinion within the time             Article 4 (1 ), (2) or (3) of Regulation (EEC) No 570/88, the
limit set by its chairman,                                        rate of the refund on milk products shall be that appli­
                                                                  cable to te use of reduced price butter, unless the exporter
                                                                  provides proof that the product does not contain redu­
HAS ADOPTED THIS REGULATION :                                     ced-price butter.
                            Article 1
                                                                                                Article 3
1 . The rates of the refunds applicable to the basic
products appearing in Annex A to Regulation (EEC) No              This Regulation shall enter into force on 1 Januajy 1993.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 30 December 1992.
                                                                            For the Commission
                                                                           Martin BANGEMANN
                                                                                  Vice-President
(') OJ No  L 55, 1 . 3 . 1988, p. 31 .
(2) OJ No  L 14, 21 . 1 . 1992, p. 28 .
(J) OJ No  L 151 , 3. 6. 1992, p. 4.
0   OJ No  L 205, 22. 7. 1992, p. 2.
 ---pagebreak--- 31 . 12. 92                             Official Journal of the European Communities                                               No L 398 /3
                                                                    ANNEX
             to ' the Commission Regulation of 30 December 1992 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                                                 1 1 5,00
            ex 0405 00 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                                                                    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.