CELEX: 31993R3289
Language: en
Date: 1993-12-01 00:00:00
Title: Commission Regulation (EC) No 3289/93 of 30 November 1993 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 296/32                               Official Journal of the European Communities                               1 . 12. 93
                                        COMMISSION REGULATION (EC) No 3289/93
                                                       of 30 November 1993
                    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,                         (c) the need to ensure equality of competition for the
                                                                          industries which use Community products and those
                                                                          which use third-country products under inward­
                                                                          processing arrangements ;
 Having regard to the Treaty establishing the European
 Community,
 Having regard to Council Regulation (EEC) No 804/68 of              Whereas Article 4 (3) of Regulation (EEC) No 3035/80
 27 June 1968 on the common organization of the market               provides that, when the rate of the refund is being fixed,
 in milk and milk products ('), as last amended by Regula­           account should be taken, where necessary, of production
 tion (EEC) No 2071 /92 (2), and in particular Article 17 (4)        refunds, aids or other measures having equivalent effect
 thereof,                                                            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 ;
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)
and (e) of that Regulation and prices within the Commu­
 nity may be covered by an export refund ; whereas                   Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68
 Council Regulation (EEC) No 3035/80 of 11 November                  provides for the payment of aid for Community-produced
 1980 laying down general rules for granting export                  skimmed milk processed into casein if such milk and the
 refunds on certain agricultural products exported in the            casein manufactured from it fulfil certain conditions set
 form of goods not covered by Annex II to the Treaty, and            out in Article 1 of Council Regulation (EEC) No 987/68
criteria for fixing the amount of such refunds (3), as last          of 15 July 1968 laying down general rules for granting aid
amended by Regulation (EEC) No 3381 /90 (4), specifies               for skimmed milk processed into casein or caseinates (*),
the products for which a rate of refund should be fixed, to          as last amended by Regulation (EEC) No 1435/90 (6) ;
be applied where these products are exported in the form
of goods listed in the Annex to Regulation (EEC) No
 804/68 ;
                                                                     Whereas Commission Regulation (EEC) No 570/88 of 16
                                                                      February 1988 on the sale of butter at reduced prices and
Whereas, in accordance with the first subparagraph of                the granting of aid for butter and concentrated butter for
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of           use in the manufacture of pastry products, ice-cream and
the refund per 100 kilograms for each of the basic
 products in question must be fixed for each month ;                 other foodstuffs Q, as last amended by Regulation (EC)
                                                                     No 3049/93 (8), lay down that butter and cream at reduced
                                                                     prices should be made available to industries which
                                                                     manufacture certain goods ;
Whereas, in accordance with paragraph 2 of that Article,
that rate must be determined with particular reference to :
(a) the average costs incurred by processing industries in           Whereas Council Regulation (EEC) No 990/93 (') prohi­
     obtaining supplies of the basic products in question            bits trade between the European Community and the
     on the Community market and the prices ruling on                Federal Republic of Yugoslavia (Serbia and Montenegro) ;
     the world markets ;                                             whereas this prohibition does not apply in certain situa­
                                                                     tions as comprehensively listed in Articles 2, 4, 5 and 7
(b) the level of the refunds on exports of processed agri­           thereof ; whereas account should be taken of this fact
     cultural products covered by Annex II to the Treaty             when fixing the refunds ;
     which are manufactured under similar conditions ;
                                                                     0   OJ  No  L  169, 18 . 7. 1968, p. 6.
(') OJ  No  L  148,  28. 6. 1968, p. 13.                             (<) OJ  No  L  138, 31 . 5. 1990, p. 8.
(2) OJ  No  L  215,  30. 7. 1992, p. 64.                             0   OJ  No  L  55, 1 . 3. 1988, p. 31 .
(3) OJ  No  L  323,  29. 11 . 1980, p. 27.                           (8) OJ  No  L  273, 5. 11 . 1993, p. 7.
(4) OJ  No  L  327,  27. 11 . 1990, p. 4.                            0   OJ  No  L  102, 28. 4. 1993, p. 14.
 ---pagebreak--- 1 . 12. 93                          Official Journal of the European Communities                               No L 296/33
Whereas the Management Committee for Milk and Milk             2. No rates of refund are fixed for any of the products
Products has not delivered an opinion within the time          referred to in the preceding paragraph which are not
limit set by its chairman,                                     listed in the Annex to this Regulation.
                                                                                            Article 2
HAS ADOPTED THIS REGULATION :                                  Where Article 8 (2) of Regulation (EEC) No 3035/80 is
                                                               applied to exports of one of the goods referred to in
                                                               Article 4 (1 ), (2) or (3) of Regulation (EEC) No 570/88, the
                                                               rate of the refund on milk products shall be that appli­
                        Article 1
                                                               cable to the use of reduced price butter, unless the
                                                               exporter provides proof that the product does not contain
1 . The rates of the refunds applicable to the basic           reduced-price butter.
products appearing in Annex A to Regulation (EEC) No
3035/80 and listed in Article 1 of Regulation (EEC) No                                      Article 3
804/68, exported in the form of goods listed in the Annex
to Regulation (EEC) No 804/68, are hereby fixed as             This Regulation shall enter into force on 1 December
shown in the Annex to this Regulation.                         1993.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                 Done at Brussels, 30 November 1993 .
                                                                         For the Commission
                                                                        Martin BANGEMANN
                                                                               Vice-President
 ---pagebreak--- No L 296/34                            Official Journal of the European Communities                                        1 . 12. 93
                                                               ANNEX
             to the Commission Regulation of 30 November 1993 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                                      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                                            60,00
            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                                                             52,64
                                     b) On exportation of other goods                                           110,00
            ex . 0405 00             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                                                             26,00
                                     b) On exportation of goods of CN code 2106 90 99 contai­
                                        ning 40 % or more by weight of milk fat                                 166,00
                                     c) On exportation of other goods                                           160,00
            (*) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where
                the conditions laid down in Regulation (EEC) No 990/93 are observed.