CELEX: 31988R3022
Language: en
Date: 1988-10-01
Title: Commission Regulation (EEC) No 3022/88 of 30 September 1988 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 . 10 . 88
                                               Official Journal of the European Communities                             No L 271 /57
                                             COMMISSION REGULATION (EEC) No 3022/88
                                                           of 30 September 1988
                        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,
    Having regard to Council Regulation (EEC) No 804/68 of                 account should be taken, where necessary, of production
    27 June 1968 on the common organization of the market                  refunds, aids or other measures having equivalent effect
    in milk and milk products ('), as last amended by Regula­              applicable in all Member States in accordance with the
    tion (EEC) No 1109/88 (2), and in particular Article 17 (5)            Regulation on the common organization of the market in
    thereof,                                                               the product in question to the basic products listed in
                                                                          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 the Act of Accession (*) ;
   criteria for fixing the amount of such refunds (3), as last
   amended by Regulation (EEC) No 4055/87 (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 Q, 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
  products in question must be fixed for each month •                   and concentrated butter for use in the manufacture of
                                                                        pastry products, ice-cream and other foodstuffs (9), as last
                                                                        amended by Regulation (EEC) No 1690/88 (10), 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 Council Regulation (EEC) No 2658/87 of 23
        on the Community market and the prices ruling on                July 1987 on the tariff and statistical nomenclature and
        the world markets ;                                             on the Common Customs Tariff (n), as last amended by
                                                                        Regulation (EEC) No 1058/88 (12), has established, as from
 (b) the level of the refunds on exports of processed agri­             1 January 1988, a new combined nomenclature, which
        cultural products covered by Annex II to the Treaty             will meet the requirements both of the Common
        which are manufactured under similar conditions ;               Customs Tariff and the external trade statistics of the
(c) the need to ensure equality of competition for the                 0 OJ No L 169, 18 . 7. 1968, p. 6.
        industries which use Community products and those              (Ó OJ No L 73, 27. 3. 1972, p. 14.
                                                                       0 OJ No L 52, 23. 2. 1984, p. 12.
                                                                       0 OJ No L 64, 6. 3. 1986, p. 12.
(')   OJ   No  L  148, 28.  6. 1968, p. 13.                            0 OJ No L 55, 1 . 3. 1988, p. 31 .
(2)  OJ    No  L  110, 29.  4. 1988, p. 27.                            (10) OJ No L 143, 10. 6. 1988, p. 23.
(3)  OJ    No  L 323,  29.  11 . 1980, p. 27.                          (") OJ No L 256, 7. 9. 1987, p. 1 .
(4)  OJ    No  L 379,  31 . 12. 1987, p. 1 .                           H °J No L 104, 23. 4. 1988, p. 1 .
 ---pagebreak---                                      Official Journal of the European Communities                                    1 . 10 . 88
No L 271 / 58
Community and which will replace the Nomenclature of                3035/80 and listed in Article 1 of Regulation (EEC) No
the Convention of 15 December 1950 ; whereas, therefore,            804/68, exported in the form of goods listed in the Annex
the corresponding tariff headings according to the                  to Regulation (EEC) No 804/68, are hereby fixed as
combined nomenclature have to be indicated ;                        shown in the Annex to this Regulation.
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                    2.    No rates of refund are fixed for any of the products
Committee for Milk and Milk Products,                               referred to in the preceding paragraph which are not
                                                                    listed in the Annex to this Regulation .
HAS ADOPTED 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 October 1988 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                 Done at Brussels, 30 September 1988 .
                                                                              For the Commission
                                                                                  COCKFIELD
                                                                                 Vice-President
                                                             ANNEX
                 to the Commission Regulation of 30 September 1988 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                                  Descnption                               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                                     70,00
                 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)                                              120,00
                  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
                                         Regulations (EEC) No 442/84, (EEC) No 2709/86, (EEC)
                                         No 570/88, (EEC) No 262/79 and (EEC) No 1932/81
                                      b) On exportation of goods of CN code 2106 90 99 contai­
                                         ning 40 % or more by weight of milk fat                        197,00
                                      c) On exportation of other goods                                   185,00