CELEX: 31990R2888
Language: en
Date: 1990-10-06 00:00:00
Title: Commission Regulation (EEC) No 2888/90 of 5 October 1990 altering the export refunds on milk and milk products

6. 10. 90                               Official Journal of the European Communities                          No L 276/21
                                     COMMISSION REGULATION (EEC) No 2888/90
                                                      of 5 October 1990
                               altering the export refunds on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       — the need to avoid disturbances on the Community
                                                                      market, and
Having regard to the Treaty establishing the European             — the economic aspect of the proposed exports ;
Economic Community,
                                                      /           Whereas Article 3(1 ) of Regulation (EEC) No 876/68
Having regard to the Act of Accession of Spain and                provides that when prices within the Community are
Portugal,                                                         being determined account should be taken of the ruling
                                                                  prices which are most favourable for exportation, and that
                                                                  when prices in international trade are being determined
Having regard to Council Regulation (EEC) No 804/68 of            particular account should be taken of :
27 June 1968 on the common organization of the market
in milk and milk products ('), as last amended by Regula­
tion (EEC) No 3879/89 (2), and in particular Article 17 (5)       (a) prices ruling on third country markets ;
thereof,
                                                                  (b) the most favourable prices in third countries of
                                                                      destination for third country imports ;
Having regard to the opinion of the Monetary Committee,           (c) producer prices recorded in exporting third countries,
                                                                      account being taken, where appropriate, of subsidies
                                                                      granted by those countries ; and
Whereas Article 17 of Regulation (EEC) No 804/68
provides that the difference between prices in inter­             (d) free-at-Community-frontier offer prices ;
national trade for the products listed in Article 1 of that
Regulation and prices for those products within the
Community may be covered by an export refund ;
                                                                  Whereas Article 4 of Regulation (EEC) No 876/68
                                                                  provides that the world market situation or the specific
                                                                  requirements of certain markets may make it necessary to
Whereas Council Regulation (EEC) No 876/68 of 28 June             vary the refund on the products listed in Article 1 of
1968 laying down general rules for granting export                Regulation (EEC) No 804/68 according to destination ;
refunds on milk and milk products and criteria for fixing
the amount of such refunds (3), as last amended by Regu­
lation (EEC) No 1344/86 (4), provides that when the
refunds on the products listed in Article 1 of Regulation         Whereas Article 5(1 ) of Regulation (EEC) No 876/68
(EEC) No 804/68, exported in the natural state, are being         provides that the list of products on which export refunds
fixed account must be taken of :                                  are granted and the amount of such refunds should be
                                                                  fixed at least once every four weeks ; whereas the amount
                                                                  of the refund may, however, remain at the same level for
— the existing situation and the future trend with regard         more than four weeks ;
    to prices and availabilities of milk and milk products
    on the Community market and prices for milk and
    milk products in international trade,
                                                                  Whereas, in accordance with Article 2 of Commission
— marketing costs and the most favourable transport               Regulation (EEC) No 1098/68 of 27 July 1968 on detailed
    charges from Community markets to ports or other              rules for the application of export refunds on milk and
    points of export in the Community, as well as costs           milk products (*), as last amended by Regulation (EEC)
    incurred in placing the goods on the market of the             No 222/88 (®), the refund granted for milk products
    country of destination,                                       containing added sugar is equal to the sum of the two
— the aims of the common organization of the market               components, one of which is intended to take account of
     in milk and milk products which are to ensure equi­          the quantity of milk products and the other is intended to
     librium and the natural development of prices and            take account of the quantity of added sucrose ; whereas,
     trade on this market,                                        however, the latter component is applied only if the
                                                                  added sucrose was produced from sugar beet or cane
                                                                  harvested in the Community ;
(') OJ  No  L 148, 28. 6. 1968, p. 13.
(2) OJ  No  L 378, 27. 12. 1989, p. 1 .
0   OJ  No  L 155, 3. 7. 1968, p. 1 .                             O OJ No L 184, 29. 7. 1968, p. 10.
0   OJ  No  L 119, 8. 5. 1986, p. 36.                             (*) OJ No L 28, 1 . 2. 1988, p. 1 .
 ---pagebreak--- No L 276/22                             Official Journal of the European Communities                                6. 10 . 90
Whereas, for products falling within CN codes ex                  additional provisions concerning the granting of refunds
0402 99 11 , ex 0402 99 19, ex 0404 90 51 , ex 0404 90 53,        on the change from one milk year to another ; whereas
ex 0404 90 91 and ex 0404 90 93, with a fat content by            those provisions provide for the possibility of varying
weight not exceeding 9,5 % and a non-fatty milk content           refunds according to the date of manufacture of the
in the dry matter equal to or greater than 15 % by weight,        products ;
the former abovementioned component is fixed for 100              Whereas for the calculation of the refund for processed
kilograms of the whole product ; whereas, for the other           cheese provision must be made where casein or caseinates
products containing added sugar falling within codes              are added for that quantity not to be taken into account ;
0402 and 0404, that component is calculated by multi­
plying the basic amount by the milk products content of           Whereas Commission Regulation (EEC) No 2870/90 (^
the product concerned ; whereas that basic amount is               provides for an increase, with effect from 5 October 1990,
equal to the refund to be fixed for one kilogram of milk           of the aid granted for skimmed-milk powder as laid down
products contained in the whole product ;                          in Commission Regulation (EEC) No 1634/85 Q ;
                                                                  whereas the refunds for products falling within CN code
Whereas the second component is calculated by multi­               2309 should therefore be adjusted from the above date ;
plying the sucrose content of the product by the basic            Whereas it follows from applying the rules set out above
amount of the refund valid on the day of exportation for          to the present situation on the market in milk and in
the products listed in Article 1 (1 ) (d) of Council Regula­       particular to quotations or prices for milk products within
tion (EEC) No 1785/81 of 30 June 1981 on the common                the Community and on the world market that the refund
organization of the markets in the sugar sector ('), as last       should be as set out in the Annex to this Regulation ;
amended by Regulation (EEC) No 1069/89 Q ;
                                                                  Whereas, pursuant to Article 275 of the Act of Accession,
Whereas, if the refund system is to operate normally,              refunds may be granted in the case of exports to Portugal ;
refunds should be calculated on the following basis :             whereas, in the light of the situation and the level of
— in the case of currencies which are maintained in rela­          prices no refund should be fixed in the case of exports to
     tion to each other at any given moment within a band          Portugal,
     of 2,25 %, a rate of exchange based on their central
                                                                   HAS ADOPTED THIS REGULATION :
     rate, multiplied by the corrective factor provided for in
     the last paragraph of Article 3 (1 ) of Council Regula­                                 Article 1
     tion (EEC) No 1676/85 (3), as last amended by Regula­
     tion (EEC) No 2205/90 (4)>                                    1 . The export refunds referred to in Article 17 of Regu­
                                                                   lation (EEC) No 804/68 on products exported in the
— for the other currencies, an exchange rate based on an           natural state, as fixed in the Annex to amended Regula­
     average of the ecu rates published in the Official            tion (EEC) No 2395/90 are hereby altered, in respect of
     Journal of the European Communities, C series, over           the products set out in the Annex hereto, to the amounts
     a period to be determined, multiplied by the coeffi­          set out therein .
     cient referred to in the preceding indent ;
                                                                   2. There shall be no refunds for exports to Zone E for
Whereas the level of refund for cheeses is calculated for          products falling within CN codes 0401 , 0402, 0403, 0404,
products intended for direct consumption ; whereas the             0405 and 2309.
cheese rinds and cheese wastes are not products intended           3. There shall be no refunds for exports to Portugal,
for this purpose ; whereas, to avoid any confusion in inter­       including the Azores and Madeira,- for milk and milk
pretation, it should be specified that there will be no            products listed in Article 1 of Regulation (EEC) No
refund for cheeses of a free-at-frontier value less than
                                                                   804/68 .
 ECU 140 per 100 kilograms ;
                                                                                             Article 2
Whereas Commission Regulation (EEC) No 896/84 (*), as
 last amended by Regulation (EEC) No 222/88, laid down             This Regulation shall enter into force on 6 October 1990.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 5 October 1990.
                                                                             For the Commission
                                                                              Ray MAC SHARRY
                                                                         Member of the Commission
 (') OJ No L 177, 1 . 7. 1981 , p. 4.
 0 OJ No L 114, 27. 4. 1989, p. 1 .
 0 OJ No L 164, 24. 6. 1985, p. 1 .
 (4) OJ No L 201 , 31 . 7. 1990, p. 9.                              O OJ NO L 275, 5. 10. 1990, p. 19.
     OJ No L 91 , 1 . 4. 1984, p. 71 .                              O OJ No L 158, 18. 6. 1985, p. 7.
 ---pagebreak--- 6. 10 . 90                       Official Journal of the European Communities                                   No L 276/23
                                                     ANNEX
           to the Commission Regulation of 5 October 1990 altering the export refunds on milk and
                                                  milk products
                                                          (in ECU/100 kg net weight unless otherwise indicated)
                    Product code                    Destination (")                Amount of refund
                   2309 10 15 010
                   2309 10 15 100          \                                                —
                   2309 10 15 200          l                                                —
                   2309 10 15 300          \                                                —
                   2309 10 15 400          \                                                —
                   2309 10 15 500                                                           —
                   2309 10 15 700                                                           —
                   2309 10 15 900                                                           —
                   2309 10 19 010          l                                                —
                   2309 10 19 100          \                                                —
                   2309 10 19 200          \                                                —
                   2309 10 19 300          \                                                —
                   2309 10 19 400          Il                                             _ —
                   2309 10 19 500                                                           —
                   2309 10 19 600          \                                                —
                   2309 10 19 700          \                                                —
                   2309 10 19 800          \                                                —
                   2309 10 19 900          \                                                —
                   2309 10 70 010                                                           —
                   2309 10 70 100          l                                              21,00
                   2309 10 70 200          \                                              28,00
                   2309 10 70 300          \                                              35,00
                   2309 10 70 500                                                         42,00
                   2309 10 70 600                                                         49,00
                   2309 10 70 700                                                         56,00
                   2309 10 70 800                                                         61,60
                   2309 10 70 900          Il                                               _
                   2309 90 35 010          Il                                            " —
                   2309 90 35 100          Il                                               —
                   2309 90 35 200          \                                                _
                   2309 90 35 300                                                           —
                   2309 90 35 400          II                                               —
                   2309 90 35 500                                                           —
                   2309 90 35 700                                                           —
                   2309 90 35 900          Il                                               —
                   2309 90 39 010                                                           —
                   2309 90 39 100                                                           —
                   2309 90 39 200                                                           _
                   2309 90 39 300          II                                               —
                   2309 90 39 400                                                           —
                   2309 90 39 500          ||                                               —
                   2309 90 39 600          Il                                               —
                   2309 90 39 700          \\                                               —
                   2309 90 39 800          \\                                               —
                   2309 90 39 900          li                                               —
                   2309 90 70 010                                                           —
                   2309 90 70 100                                                         21,00
                   2309 90 70 200          \\                                             28,00
                   2309 90 70 300          \                                              35,00
 ---pagebreak--- No L 276/24                            Official Journal of the European Communities                                             6. 10 . 90
                                                                      (in ECU/100 kg net weight unless otherwise indicated)
                         Product code                           Destination Q                     Amount of refund
                       2309 90 70 500                                                                    42,00
                       2309 90 70 600                                                                    49,00
                       2309 90 70 700              I                                                     56,00
                       2309 90 70 800              \                                                     61,60
                       2309 90 70 900                                                                      —
            (*) The code numbers for the destinations are those set out in the Annex to Commission Regulation (EEC) No
                420/90 (OJ No L 44, 20. 2. 1990, p. 15).
                For destinations other than those indicated for each 'product code', the amount of the refund applying is indi­
                cated by ~.
                Where no destination is indicated, the amount of the refund is applicable for exports to any destination other
                than those referred to in Article 1 (2) and (3).
            NB : The product codes and the footnotes are defined in amended Commission Regulation (EEC)
                    No 3846/87 (OJ No L 366, 24. 12. 1987, p. 1).