CELEX: 31990R1099
Language: en
Date: 1990-05-01 00:00:00
Title: Commission Regulation (EEC) No 1099/90 of 30 April 1990 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

No L 111 /34                                Official Journal of the European Communities                                  1 . 5. 90
                                         COMMISSION REGULATION (EEC) No 1099/90
                                                            of 30 April 1990
                     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,                                 which use third-country products under inward­
                                                                            processing arrangements ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                       Whereas Article 4 (3) of Regulation (EEC) No 3035/80
                                                                       provides that, when the rate of the refund is being fixed,
                                                                       account should be taken, where necessary, of production
 Having regard to Council Regulation (EEC) No 804/68 of                refunds, aids or other measures having equivalent effect
27 June 1968 on the common organization of the market                  applicable in all Member States in accordance with the
in milk and milk products ('), as last amended by Regula­              Regulation on the common organization of the market in
tion (EEC) No 3879/89 (2), and in particular Article 1 7 (5)           the product in question to the basic products listed in
thereof,
                                                                       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                Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68
tional trade for the products listed in Article 1 (a), (b), (c)        provides for the payment of aid for Community-produced
and (e) of that Regulation and prices within the Commu­                skimmed milk processed into casein if such milk and the
nity may be covered by an export refund ; whereas                      casein manufactured from it fulfil certain conditions set
Council Regulation (EEC) No 3035/80 of 11 November                     out in Article 1 of Council Regulation (EEC) No 987/68
 1980 laying down general rules for granting export                    of 15 July 1968 laying down general rules for granting aid
refunds on certain agricultural products exported in the               for skimmed milk processed into casein or caseinates (*),
form of goods not covered by Annex II to the Treaty, and               as last amended by Regulation (EEC) No 836/90 (6) ;
criteria for fixing the amount of such refunds (3), as last
amended by Regulation (EEC) No 3209/88 (4), specifies
the products for which a rate of refund should be fixed, to
be applied where these products are exported in the form               Whereas Commission Regulation (EEC) No 442/84 of 21
of goods listed in the Annex to Regulation (EEC) No                    February 1984 on the granting of aid for butter from
804/68 ;                                                               private storage for use in the manufacture of pastry
                                                                       products, ice-cream and other foodstuffs and amending
                                                                       Regulation (EEC) No 1245/83 (*), as last amended by
Whereas, in accordance with the first subparagraph of                  Regulation (EEC) No 698/86 (8), and Commission Regula­
Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of            tion (EEC) No 570/88 of 16 February 1988 on the sale of
the refund per 100 kilograms for each of the basic                     butter at reduced prices and the granting of aid for butter
                                                                       and concentrated butter for use in the manufacture of
products in question must be fixed for each month ;
                                                                       pastry products, ice-cream and other foodstuffs (9), as last
                                                                       amended by Regulation (EEC) No 1048 /89 (l0), lay down
                                                                       that butter at reduced prices should be made available to
Whereas, in accordance with paragraph 2 of that Article,               industries which manufacture certain goods ;
that rate must be determined with particular reference to :
(a) the average costs incurred by processing industries in
     obtaining supplies of the basic products in question              Whereas the application of the second indent of Article 1
     on the Community market and the prices ruling on                  (2) (d) of Regulation (EEC) No 3035/80 leads to the gran­
     the world markets ;                                               ting, for certain milk products in power form, of refunds
                                                                       the level of which is not in conformity with the aims set
(b) the level of the refunds on exports of processed agri­             out in Article 4 (2) of that Regulation ; whereas therefore a
     cultural products covered by Annex II to the Treaty               specific rate must be fixed for these products, so thar the
     which are manufactured under similar conditions ;                 resulting refund is equivalent to that applicable to similar
                                                                       products used in liquid form ;
(c) the need to ensure equality of competition for the
     industries which use Community products and those
                                                                       0 OJ    No L 169, 18 . 7. 1968, p. 6.
                                                                       (6) OJ  No L 86, 31 . 3 . 1990, p. 53 .
(') OJ  No  L   148 , 28 . 6. 1968 , p. 13.                            0 OJ    No L 52, 23. 2. 1984, p. 12.
(J) OJ  No  L   378 , 27.  12. 1989, p. 1 .                            (") OJ  No L 64, 6. 3. 1986, p. 12.
(') OJ  No  L   323,  29.  11 . 1980, p. 27.                           0 OJ    No L 55, 1 . 3. 1988 , p. 31 .
(4) OJ  No  L   286,  20.  10. 1988 , p. 6.                            H OJ     No L 111 , 22. 4. 1989, p. 24.
 ---pagebreak--- 1 . 5. 90                          Official Journal of the European Communities                           No L 111 /35
Whereas the measures provided for in this Regulation are      3035/80 and listed in Article 1 of Regulation (EEC) No
in accordance with the opinion of the Management              804/68, exported in the form of goods listed in the Annex
Committee for Milk and Milk Products,                         to Regulation (EEC) No 804/68, are hereby fixed as
                                                              shown in the Annex to this Regulation.
                                                              2. No rates of refund are fixed for any of the products
HAS ADOPTED THIS REGULATION :                                 referred to in the preceding paragraph which are not
                                                              listed in the Annex to this Regulation .
                       Article 1
                                                                                      Article 2
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 May 1990.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 30 April 1990.
                                                                       For the Commission
                                                                       Martin BANGEMANN
                                                                           Vice-President
 ---pagebreak--- No L 111 /36                           Official Journal of the European Communities                             1 . 5. 90
                                                               ANNEX
              to the Commission Regulation of 30 April 1990 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)
                   CN code                                                                           Rate of
                                                                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                                 50,00
              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) On exportation of goods of CN codes 0403 10 59,
                                        0403 90 79,    1 806 20 90,  1 806 90 90, 1 90 1 90 90 and
                                        2106 90 99 containing 40 % or more by weight of milk fat      53,87
                                    b) On exportation of other goods                                 100,00
              ex 0405 00 10          Butter, with a fat content by weight of 82 % (PG 6) :
                                    a) On exportation of goods containing reduced-price butter
                                        and manufactured under the conditions laid down in
                                        Commission Regulations (EEC) No 442/84, (EEC) No
                                        2409/86 ('), (EEC) No 570/88, (EEC) No 262/79 (2) and
                                        (EEC) No 1932/81 (3)
                                    b) On exportation of goods of CN code 2106 90 99 contai­
                                        ning 40 % or more by weight of milk fat                      178,00
                                    c) On exportation of other goods                                 170,00
             (') OJ No L 208, 31 . 7. 1986, p. 29.
             (2) OJ No L 41 , 16. 2. 1979, p. 1 .
             (J) OJ No L 191 , 14. 7. 1981 , p. 6.