CELEX: 31997R2385
Language: en
Date: 1997-11-28 00:00:00
Title: COMMISSION REGULATION (EC) No 2385/97 of 28 November 1997 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

L 329/46               PEN                Official Journal of the European Communities                                29 . 11 . 97
                                        COMMISSION REGULATION (EC) No 2385/97
                                                      of 28 November 1997
                     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,                         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
                                                                    of 15 July 1968 laying down general rules for granting aid
Having regard to the Treaty establishing the European
                                                                    for skimmed milk processed into casein or caseinates (5),
Community,
                                                                    as last amended by Regulation (EEC) No 1435/90 (%
Having regard to Council Regulation (EEC) No 804/68 of              Whereas Commission Regulation (EEC) No 570/88 of 16
27 June 1968 on the common organization of the market               February 1988 on the sale of butter at reduced prices and
in milk and milk products ('), as last amended by Regula­           the granting of aid for butter and concentrated butter for
tion (EC) No 1 587/96 (2), and in particular Article 17 (3)         use in the manufacture of pastry products, ice-cream and
thereof,                                                            other foodstuffs (7), as last amended by Regulation (EC)
                                                                    No 53 1 /96 (8), lay down that butter and cream at reduced
                                                                    prices should be made available to industries which
                                                                    manufacture certain goods;
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),    Whereas the measures provided for in this Regulation are
(d), (e), and (g) of that Regulation and prices within the          in accordance with the opinion of the Management
Community may be covered by an export refund; whereas               Committee for Milk and Milk Products,
Commission Regulation (EC) No 1222/94 of 30 May 1994
laying down common implementing rules for granting
export refunds on certain agricultural products exported
in the form of goods not covered by Annex II to the
Treaty, and criteria for fixing the amount of such
refunds (3), as last amended by Regulation (EC) No                  HAS ADOPTED THIS REGULATION :
1909/97 (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 804/68;                                                             Article 1
Whereas, in accordance with the first subparagraph of               1.     The rates of the refunds applicable to the basic
Article 4 ( 1 ) of Regulation (EC) No 1222/94, the rate of          products appearing in Annex A to Regulation (EC) No
the refund per 100 kilograms for each of the basic                   1222/94 and listed in Article 1 of Regulation (EEC) No
products in question must be fixed for each month;                  804/68, exported in the form of goods listed in the Annex
                                                                    to Regulation (EEC) No 804/68, are hereby fixed as
                                                                    shown in the Annex to this Regulation .
Whereas Article 4 (3) of Regulation (EC) No 1222/94
provides that, when the rate of the refund is being fixed,          2.      No rates of refund are fixed for any of the products
account should be taken, where necessary, of production             referred to in the preceding paragraph which are not
refunds, aids or other measures having equivalent effect            listed in the Annex to this Regulation .
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;                                           Article 2
Whereas Article 11 (1 ) of Regulation (EEC) No 804/68               This Regulation shall enter into force on 1 December
                                                                     1997 .
 provides for the payment of aid for Community-produced
 (') OJ  L 148 , 28 . 6. 1968, p.  13.                               (') OJ L 169, 18 . 7. 1968 , p. 6.
 (2) OJ  L 206,  16. 8 . 1996, p.  21 .                              (*) OJ L 138 , 31 . 5. 1990, p. 8 .
 P)  OJ  L 136,  31 . 5. 1994, p.  5.                                (7) OJ L 55, 1 . 3 . 1988, p. 31 .
 («) OJ  L 268 , 1 . 10. 1997, p.  20 .                              (8) OJ L 78 , 28 . 3. 1996, p. 13 .
 ---pagebreak--- 29 . 11 . 97       EN I              Official Journal of the European Communities                            L 329/47
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 28 November 1997.
                                                                            For the Commission
                                                                            Martin BANGEMANN
                                                                       Member of the Commission
                                                          ANNEX
              to the Commission Regulation of 28 November 1997 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, in granules or other solid forms, not
                                  containing added sugar or other sweetening matter, with a fat
                                  content not exceeding 1 ,5 % by weight (PG 2):
                                  (a) On exportation of goods of CN code 3501
                                  (b) On exportation of other goods                                68,00
              ex 0402 21 19       Powdered milk, in granules or other solid forms, not
                                  containing added sugar or other sweetening matter, with a fat
                                  content of 26 % by weight (PG 3):
                                  (a) Where goods incorporating, in the form of products
                                      assimilated to PG 3, reduced-price butter or cream
                                      obtained pursuant to Regulation (EEC) No 570/88 are
                                      exported                                                     64,59
                                  (b) On exportation of other goods                               102,60
              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                                                 45,00
                                  (b) On exportation of goods of CN code 2106 90 98
                                      containing 40 % or more by weight of milk fat               177,25
             \                    (c) On exportation of other goods                               170,00