CELEX: 31995R3046
Language: en
Date: 1995-12-29 00:00:00
Title: COMMISSION REGULATION (EC) No 3046/95 of 29 December 1995 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

30 . 12. 95              EN                 Official Journal of the European Communities                           No L 316/37
                                          COMMISSION REGULATION (EC) No 3046/95
                                                         of 29 December 1995
                     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,                             whereas Commission Regulation (EEC) No 570/88 of 16
                                                                        February 1988 on the sale of butter at reduced prices and
 Having regard to the Treaty establishing the European                 the granting of aid for butter and concentrated butter for
 Community,                                                            use in the manufacture of pastry products, ice-cream and
                                                                       other foodstuffs f7), as last amended by Regulation (EC)
 Having regard to Council Regulation (EEC) No 804/68 of                No 2931 /95, lay down that butter and cream at reduced
27 June 1968 on the common organization of the market                  prices should be made available to industries which
 in milk and milk products ('), as last amended by Regula­             manufacture certain goods ;
 tion (EC) No 2931 /95 (2), and in particular Article 17 (3)
thereof,                                                               Whereas Council Regulation (EEC) No 990/93 (8), as
                                                                       amended by Regulation (EC) No 1380/95 (9), prohibits
                                                                       trade between the European Community and the Federal
Whereas Article 17 (1 ) of Regulation (EEC) No 804/68                  Republic of Yugoslavia (Serbia and Montenegro) ; whereas
 provides that the difference between prices in interna­               this prohibition does not apply in certain situations as
tional trade for the products listed in Article 1 (a), (b), (c),       comprehensively listed in Articles 2, 4, 5 and 7 thereof
(d), (e), and (g) of that Regulation and prices within the             and in Council Regulation (EC), No 28 1 5/95 (10) ; whereas
Community may be covered by an export refund ;                         account should be taken of this fact when fixing the
whereas Commission Regulation (EC) No 1222/94 of 30                    refunds ;
May 1994 laying down common implementing rules for
granting export refunds on certain agricultural products               Whereas the measures provided for in this Regulation are
exported in the form of goods not covered by Annex II to
the Treaty, and criteria for fixing the amount of such                 in accordance with the opinion of the Management
                                                                       Committee for Milk and Milk Products,
refunds (3), as last amended by Regulation (EC) No
2915/95 (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
                                                                       HAS ADOPTED THIS REGULATION :
Annex to Regulation (EEC) No 804/68 ;
Whereas, in accordance with the first subparagraph of                                              Article 1
 Article 4 ( 1 ) of Regulation (EC) No 1222/94, the rate of
the refund per 100 kilograms for each of the basic
 products in question must be fixed for each month ;                   1 . The rates of the refunds applicable to the basic
                                                                       products appearing in .Annex A to Regulation (EC) No
                                                                        1222/94 and listed in Article 1 of Regulation (EEC) No
Whereas Article 4 (3) of Regulation (EC) No 1222/94                    804/68, exported in the form of goods listed in the Annex
provides that, when the rate of the refund is being fixed,             to Regulation (EEC) No 804/68, are hereby fixed as
account should be taken, where necessary, of production                shown in the Annex to this Regulation.
refunds, aids or other measures having equivalent effect
applicable in all Member States in accordance with the                 2. No rates of refund are fixed for any of the products
Regulation on the common organization of the market in                 referred to in the preceding paragraph which are not
the product in question to the basic products listed in                listed in the Annex to this Regulation .
.Annex A to that Regulation or to assimilated products ;
                                                                       3 . Refunds on exports to the Federal Republic of
Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68                 Yugoslavia (Serbia and Montenegro) may be granted only
provides for the payment of aid for Community-produced                 when the conditions laid down in amended Regulation
skimmed milk processed into casein if such milk and the                (EEC) No 990/93 and Regulation (EC) No 2815/95 are
casein manufactured from it fulfil certain conditions set              observed .
out in Article 1 of Council Regulation (EEC) No 987/68
of 15 July 1968 laying down general rules for granting aid
for skimmed milk processed into casein or caseinates (*),                                          Article 2
as last amended by Regulation (EEC) No 1435/90 (*);
                                                                       This Regulation shall enter into force on 1 January 1996.
(') OJ   No L   148 , 28 . 6. 1968, p. 13.
  2 OJ   No L   307,  20.  12. 1995, p. 10 .
(3) OJ   No L   136,  31 . 5. 1994, p. 5.                              0 OJ    No L 55, 1 . 3. 1988, p. 31 .
(«) OJ   No L   305,   19. 12. 1995, p. 33.                            0 OJ    No L 102, 28 . 4. 1993, p. 14.
Is) OJ No L 169, 18. 7. 1968, p. 6.                                    (9) OJ  No L 138 , 21 . 6. 1995, p. 1 .
h) OJ No L 138, 31 . 5. 1990, p. 8.                                     10) OJ No L 297, 9. 12. 1995, p. 1 .
 ---pagebreak--- No L 316/38     HEN                Official Journal of the European Communities                           30 . 12. 95
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 29 December 1995.
                                                                          For the Commission
                                                                          Martin BANGEMANN
                                                                      Member of the Commission
                                                         ANNEX
             to the Commission Regulation of 29 December 1 995 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                              54,00
             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                                               51,06
                                 (b) On exportation of other goods                             103,21
             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                                               35,00
                                 (b) On exportation of goods of CN code 2106 90 98
                                     containing 40 % or more by weight of milk fat             167,25
            I                    (c) On exportation of other goods                             160,00