CELEX: 31995R2303
Language: en
Date: 1995-09-29 00:00:00
Title: COMMISSION REGULATION (EC) No 2303/95 of 29 September 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

No L 233/42         | EN              Official Journal of the European Communities                               30 . 9 . 95
                                     COMMISSION REGULATION (EC) No 2303/95
                                                   of 29 September 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 1 802/95 (8), 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 1 538/95 (2), and in particular Article 17 (3)
thereof,                                                         Whereas Council Regulation (EEC) No 990/93 (9), as
                                                                 amended by Regulation (EC) No 1 380/95 (10), prohibits
Whereas Article 17 (1 ) of Regulation (EEC) No 804/68            trade between the European Community and the Federal
provides that the difference between prices in interna­          Republic of Yugoslavia (Serbia and Montenegro) ; whereas
tional trade for the products listed in Article 1 (a), (b), (c), this prohibition does not apply in certain situations as
                                                                 comprehensively listed in Articles 2, 4, 5 and 7 thereof ;
(d), (e), and (g) of that Regulation and prices within the
Community may be covered by an export refund ;                   whereas account should be taken of this fact when fixing
                                                                 the refunds ;
whereas Commission Regulation (EC) No 1222/94 of 30
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         in accordance with the opinion of the Management
the Treaty, and criteria for fixing the amount of such           Committee for Milk and Milk Products,
refunds (3), as last amended by Regulation (EC) No
 1 149/95 (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
Whereas Article 4 (3) of Regulation (EC) No 1222/94              1222/94 and listed in Article 1 of Regulation (EEC) No
provides that, when the rate of the refund is being fixed,       804/68, exported in the form of goods listed in the Annex
account should be taken, where necessary, of production          to Regulation (EEC) No 804/68, are hereby fixed as
refunds, aids or other measures having equivalent effect         shown in the Annex to this Regulation .
applicable in all Member States in accordance with the
Regulation on the common organization of the market in           2. No rates of refund are fixed for any of the products
the product in question to the basic products listed in          referred to in the preceding paragraph which are not
Annex A to that Regulation or to assimilated products ;          listed in the Annex to this Regulation .
Whereas Article 11 (1 ) of Regulation (EEC) No 804/68            3. Refunds on exports to the Federal Republic of
provides for the payment of aid for Community-produced           Yugoslavia (Serbia and Montenegro) may be granted only
skimmed milk processed into casein if such milk and the          when the conditions laid down in amended Regulation
casein manufactured from it fulfil certain conditions set        (EEC) No 990/93 are 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 (J),                                  Article 2
as last amended by Regulation (EEC) No 1435/90 (®) ;
                                                                 This Regulation shall enter into force on 1 October 1995.
(') OJ No L 148, 28. 6. 1968, p. 13.
(A OJ No L 148, 30. 6. 1995, p. 17.
(3) OJ No L 136, 31 . 5. 1994, p. 5.                             0 OJ No L 55, 1 . 3. 1988, p. 31 .
(«) OJ No L 116, 23. 5. 1995, p. 1 .                             (8) OJ No L 174, 26. 7. 1995, p. 27.
O OJ No L 169, 18. 7. 1968, p. 6.                                0 OJ No L 102, 28. 4. 1993, p. 14.
M OJ No L 138, 31 . 5. 1990, p. 8.                               (10) OJ No L 138, 21 . 6. 1995, p. 1 .
 ---pagebreak--- 30 . 9 . 95     EN 1              Official Journal of the European Communities                           No L 233/43
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 29 September 1995.
                                                                         For the Commission
                                                                         Martin BANGEMANN
                                                                     Member of the Commission
                                                        ANNEX
            to the Commission Regulation of 29 September 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
                                                                                            (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                                                54,23
                                b) On exportation of other goods                              103,21
            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 98
                                   containing 40 % or more by weight of milk fat              167,25
                                c) On exportation of other goods                              160,00