CELEX: 31988R0279
Language: en
Date: 1988-01-30 00:00:00
Title: Commission Regulation (EEC) No 279/88 of 29 January 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

No L 26/70                              Official Journal of the European Communities                               30 . 1 . 88
                                   COMMISSION REGULATION (EEC) No 279/88
                                                      of 29 January 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,                       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 the Treaty establishing the European              refunds, aids or other measures having equivalent effect
Economic Community,                                                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
Having regard to Council Regulation (EEC) No 804/68 of             Annex A to that Regulation or to assimilated products ; .
27 June 1968 on the common organization of the market
in milk and milk products ('), as last amended by Regula­
tion (EEC) No 3904/87 (2), and in particular Article 1 7 (5)
thereof,
                                                                   Whereas Article 11 (1 ) of Regulation (EEC) No 804/68
                                                                   provides for the payment of aid for Community-produced
Whereas Article 17 (1 ) of Regulation (EEC) No 804/68              skimmed milk processed into casein if such milk and the
                                                                   casein manufactured from it fulfil certain conditions set
provides that the difference between prices in interna­            out in Article 1 of Council Regulation (EEC) No 987/68
tional trade for the products listed in Article 1 (a), (b), (c)    of 15 July 1968 laying down general rules for granting aid
and (e) of that Regulation and prices within the Commu­            for skimmed milk processed into casein or caseinates (*),
nity may be covered by an export refund ; whereas                  as last amended by the Act of Accession (*) ;
Council Regulation (EEC) No 3035/80 of 11 November
 1980 laying down general rules for granting export
refunds on certain agricultural products exported in the
form of goods not covered by Annex II to the Treaty, and
criteria for fixing the amount of such refunds (3), as last        Whereas Commission Regulation (EEC) No 262/79 of 12
amended by Regulation (EEC) No 4055/87 (4), specifies               February 1979 on the sale of butter at reduced prices for
the products for which a rate of refund should be fixed, to        use in the manufacture of pastry products, ice-cream and
be applied where these products are exported in the form           other foodstuffs Q, as last amended by Regulation (EEC)
of goods listed in the Annex to Regulation (EEC) No                 No 665/86 (8), Commission Regulation (EEC) No 442/84
804/68 :                                                            of 21 February 1984 on the granting of aid for butter
                                                                /
                                                                    from private storage for use in the manufacture of pastry
                                                                    products, ice-cream and other foodstuffs and amending
Whereas, in accordance with the first subparagraph of               Regulation (EEC) No 1245/83 (9), as last amended by
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of          Regulation (EEC) No 698/86 (10), and Commission Regu­
the refund per 100 kilograms for each of the basic                  lation (EEC) No 1932/81 of 13 July 1981 on the granting
 products in question must be fixed for each month ;                of aid for butter and concentrated butter for use in the
                                                                    manufacture of pastry products, ice-cream and other food­
                                                                    stuffs (u), as last amended by Regulation (EEC) No
Whereas, in accordance with paragraph 2 of that Article,            698/86, lay down that butter at reduced prices should be
 that rate must be determined with particular reference to :        made available to industries ^vhich manufacture certain
                                                                    goods ;
 (a) the average costs incurred by processing industries in
     obtaining supplies of the basic products in question
     on the Community market and the prices ruling on
     the world markets ;                                            Whereas Council Regulation (EEC) No 2658/87 of 23
                                                                    July 1987 on the tariff and statistical nomenclature and
 (b) the level of the refunds on exports of processed agri­         on the Common Customs Tariff (12) has established, as
     cultural products covered by Annex II to the Treaty            from 1 January 1988, a new combined nomenclature,
     which are manufactured under similar conditions ;              which will meet the requirements both of the Common
                                                                    Customs Tariff and the external trade statistics of the
 (c) the need to ensure equality of competition for the
      industries which use Community products and those
     which use third-country products under inward­                 0 OJ No L 169, 18. 7. 1968, p. 6.
      processing arrangements ;                                     (4 OJ No L 73, 27. 3. 1972, p. 14.
                                                                    0 OJ No L 41 , 16. 2. 1979, p. 1 .
                                                                    (■) OJ No L 66, 8 . 3. 1986, p. 38.
 (*) OJ No L 148, 28 . 6. 1968, p. 13.                              O OJ No L '52, 23. 2. 1984, p. 12.
 (2) OJ No L 370, 30. 12. 1987.                                     (10) OJ No L 64, 6. 3. 1986, p. 12.
 h) OJ No L 323, 29. 11 . 1980, p. 27.                              ('■) OJ No L 191 , 14. 7. 1981 , p. 6.
 {*) OJ No L 379, 31 . 12. 1987, p. 1 .                             H OJ No L 256, 7. 9. 1987.
 ---pagebreak--- 30 . 1 . 88                         Official Journal of the European Communities                                 No L 26/71
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 February 1988 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 29 January 1988 .
                                                                             For the Commission
                                                                                 COCKFIELD
                                                                                Vice-President
                                                          ANNEX
                to the Commission Regulation of 29 January 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                                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 heading No 3501
                                   b) On exportation of other goods                                   93,00
                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)                                              140,00
                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 262/79, (EEC) No 442/84, (EEC)
                                      No 1932/81 and (EEC) No 2409/86
                                   b) On exportation of goods of CN subheading 2106 90 99
                                      containing 40 % or more by weight of milk fat                  223,50
                                   c) On exportation of other goods                                  211,50