CELEX: 31994R0451
Language: en
Date: 1994-03-01 00:00:00
Title: Commission Regulation (EC) No 451/94 of 28 February 1994 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 57/38                            Official Journal of the European Communities                                 1 . 3 . 94
                                     COMMISSION REGULATION (EC) No 451 /94
                                                     of 28 February 1994
                   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 (EC) No 230/94 (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 0,
 the products for which a rate of refund should be fixed, to      as last amended by Regulation (EEC) No 1435/90 (*);
 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
 Whereas, in accordance with the first subparagraph of            February 1988 on the sale of butter at reduced prices and
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of        the granting of aid for butter and concentrated butter for
 the refund per 100 kilograms for each of the basic               use in the manufacture of pastry products, ice-cream and
 products in question must be fixed for each month ;              other foodstuffs f), 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 (9) 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.                             O OJ No L 138, 31 . 5. 1990, p. 8.
(2) OJ No L 30, 3. 2. 1994, p. 1 .                               o OJ No L 55, 1 . 3. 1988, p. 31 .
(3) OJ No L 323, 29. 11 . 1980, p. 27.                           (j OJ No L 273, 5. 11 . 1993, p. 7.
h OJ No L 327, 27. 11 . 1990, p. 4.                              (') OJ No L 102, 28. 4. 1993, p. 14.
 ---pagebreak--- 1 . 3 . 94                          Official Journal of the European Communities                               No L 57/39
Whereas the measures provided for in this Regulation are      2. No rates of refund are fixed for any of the products
in accordance with the opinion of the Management              referred to in the preceding paragraph which are not
Committee for Milk and Milk Products,                         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
                        Article 1                             rate of the refund on milk products shall be that appli­
                                                              cable to the use of reduced price butter, unless the
1 . The rates of the refunds applicable to the basic          exporter provides proof that the product does not contain
products appearing in Annex A to Regulation (EEC) No          reduced-price butter.
3035/80 and listed in Article 1 of Regulation (EEC) No
804/68, exported in the form of goods listed in the Annex                                  Article 3
to Regulation (EEC) No 804/68, are hereby fixed as
shown in the Annex to this Regulation.                        This Regulation shall enter into force on 1 March 1 994.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
                Done at Brussels, 28 February 1994.
                                                                       For the Commission
                                                                       Martin BANGEMANN
                                                                              Vice-President
 ---pagebreak--- No L 57/40                            Official Journal of the European Communities                                        1 . 3 . 94
                                                              ANNEX
            to the Commission Regulation of 28 February 1994 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                                            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                                                             54,54
                                    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                                                             31,00
                                    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.