CELEX: 31992R3294
Language: en
Date: 1992-11-14 00:00:00
Title: Commission Regulation (EEC) No 3294/92 of 13 November 1992 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 328/ 10                              Official Journal of the European Communities                              14. 11 . 92
                                     COMMISSION REGULATION (EEC) No 3294/92
                                                      of 13 November 1992
                  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 2071 /92 (2), and in particular Article 17 (4)         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 1435/90 (*) ;
criteria for fixing the amount of such refunds (3), as last
amended by Regulation (EEC) No 3381 /90 (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 570/88 of 16
of goods listed in the Annex to Regulation (EEC) No                  February 1988 on the sale of butter at reduced prices and
804/68 ;                                                             the granting of aid for butter and concentrated butter for
                                                                     use in the manufacture of pastry products, ice-cream and
                                                                     other foodstuffs Q, as last amended by Regulation (EEC)
                                                                     No 1 24/92 (8), lay down that butter and cream at reduced
Whereas, in accordance with the first subparagraph of                prices should be made available to industries which
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of           manufacture certain goods ;
 the refund per 100 kilograms for each of the basic
 products in question must be fixed for each month ;
                                                                     Whereas Council Regulation (EEC) No 1432/92 0, as
 Whereas, in accordance with paragraph 2 of that Article,            amended by Regulation (EEC) No 2015/92 (10), prohibits
 that rate must be determined with particular reference to :         trade between the Community and the Republics of
                                                                     Serbia and Montenegro ; whereas this prohibition does
                                                                     not apply to certain situations as given in the limitative
(a) the average costs incurred by processing industries in           enumeration laid down in Articles 2 and 3 ; whereas this
     obtaining supplies of the basic products in question            should be taken into account when refunds are fixed :
     on the Community market and the prices ruling on
     the world markets ;
(b) the level of the refunds on exports of processed agri­           Whereas the measures provided for in this Regulation are
     cultural products covered by Annex II to the Treaty             in accordance with the opinion of the Management
     which are manufactured under similar conditions ;               Committee for Milk and Milk Products,
 (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.
                                                                     (Ó OJ No L 138, 31 . 5. 1990, p. 8.
(') OJ  No  L  148, 28. 6. 1968, p. 13.                              0 OJ No L 55, 1 . 3. 1988, p. 31 .
(2) OJ  No  L  215, 30. 7. 1992, p. 64.                              0 OJ No L 14, 21 . 1 . 1992, p. 28.
 0  OJ  No  L  323, 29. 11 . 1980, p. 27.                            0 OJ No L 151 , 3. 6. 1992, p. 4.
0   OJ  No  L  327, 27. 11 . 1990, p. 4.                             H OJ No L 205, 22. 7. 1992, p. 2.
 ---pagebreak--- 14. 11 . 92                         Official Journal of the European Communities                               No L 328/ 11
HAS ADOPTED THIS REGULATION :                                                               Article 2
                                                              Where Article 8 (2) of Regulation (EEC) No 3035/80 is
                        Article 1
                                                               applied to exports of one of the goods referred to in
                                                               Article 4 (1 ), (2) or (3) of Regulation (EEC) No 570/88, the
1 . The rates of the refunds applicable to the basic           rate of the refund on milk products shall be that appli­
products appearing in Annex A to Regulation (EEC) No           cable to te use of reduced price butter, unless the exporter
3035/80 and listed in Article 1 of Regulation (EEC) No
                                                               provides proof that the product does not contain redu­
804/68, exported in the form of goods listed in the Annex      ced-price butter.
to Regulation (EEC) No 804/68, are hereby fixed as
shown in the Annex to this Regulation.
                                                                                             Article 3
2. No rates of refund are fixed for any of the products
referred to in the preceding paragraph which are not           This Regulation shall enter into force on 14 November
listed in the Annex to this Regulation.                        1992.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 13 November 1992.
                                                                         For the Commission
                                                                         Martin BANGEMANN
                                                                               Vice-President
 ---pagebreak--- No L 328/ 12                            Official Journal of the European Communities                                                14. 11 . 92
                                                                    ANNEX
             to the Commission Regulation of 13 November 1992 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                                       refundf)
             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                                                  65,00
             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                                                                   57,93
                                       b) On exportation of other goods                                                 115,00
             ex 0405 00 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                                                                   31,00
                                       b) On exportation of goods of CN code 2106 90 99 contai­
                                          ning 40 % or more by weight of milk fat                                       182,00
                                       c) On exportation of other goods                                                 176,00
             (*) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid
                 supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council
                 Regulation (EEC) No 1432/92.