CELEX: 31995R0435
Language: en
Date: 1995-02-28 00:00:00
Title: COMMISSION REGULATION (EC) No 435/95 of 28 February 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 45/26            FENI                Official Journal of the European Communities                                 1 . 3. 95,
                                           COMMISSION REGULATION (EC) No 435/95
                                                         of 28 February 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 (6), as last amended by Regulation (EC)
                                                                      No 3337/94 Q, lay down that butter and cream at reduced
  Having regard to Council Regulation (EEC) No 804/68 of              prices should be made available to industries which
  27 June 1968 on the common organization of the market               manufacture certain goods ;
  in milk and milk products ('), as last amended by the Act
  of Accession of Austria, Finland and Sweden, and in parti­
  cular Article 17 (4) thereof,                                       Whereas Council Regulation (EEC) No 990/93 (8) prohi­
                                                                      bits trade between the European Community and the
                                                                      Federal Republic of Yugoslavia (Serbia and Montenegro) ;
 Whereas Article 17 (1 ) of Regulation (EEC) No 804/68                whereas this prohibition does not apply in certain situa­
  provides that the difference between prices in interna­             tions as comprehensively listed in Articles 2, 4, 5 and 7
 tional trade for the products listed in Article 1 (a), (b), (c),     thereof ; whereas account should be taken of this fact
 (d), (e), and (g) of that Regulation and prices within the           when fixing the refunds ;
 Community may be covered by an export refund ;
 whereas Commission Regulation (EC) No 1222/94 of 30
 May 1994 laying down common implementing rules for                   Whereas the measures provided for in this Regulation are
 granting export refunds on certain agricultural products             in accordance with the opinion of the Management
 exported in the form of goods not covered by Annex II to             Committee for Milk and Milk Products,
 the Treaty, and criteria for fixing the amount of such
 refunds (2), as last amended by Regulation (EC) No
 2296/94 (3), specifies the products for which a rate of
 refund should be fixed, to be applied where these
                                                                      HAS ADOPTED THIS REGULATION :
 products are exported in the form of goods listed in the
 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                   1 . The rates of the refunds applicable to the basic
 products in question must be fixed for each month ;
                                                                      products appearing in Annex A to Regulation (EC) No
                                                                      1222/94 and listed in Article 1 of Regulation (EEC) No
 Whereas Article 4 (3) of Regulation (EC) No 1222/94                  804/68, exported in the form of goods listed in the Annex
 provides that, when the rate of the refund is being fixed,           to Regulation (EEC) No 804/68 , are hereby fixed as
 account should be taken, where necessary, of production              shown in the Annex to this Regulation .
 refunds, aids or other measures having equivalent effect
 applicable in all Member States in accordance with the               2. No rates of refund are fixed for any of the products
 Regulation on the common organization of the market in               referred to in the preceding paragraph which are not
 the product in question to the basic products listed in              listed in the Annex to this Regulation.
Annex A to that Regulation or to assimilated products ;
                                                                     3. Refunds on exports to the Federal Republic of
Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68               Yugoslavia (Serbia and Montenegro) may be granted only
 provides for the payment of aid for Community-produced              when the conditions laid down in Regulation (EEC) No
skimmed milk processed into casein if such milk and the              990/93 are observed.
casein manufactured from it fulfil certain conditions set
out in Article 1 of Council Regulation (EEC) No 987/68
of 1 5 July 1 968 laying down general rules for granting aid
for skimmed milk processed into casein or caseinates (4),                                      Article 2
as last amended by Regulation (EEC) No 1435/90 (^ ;
                                                                     This Regulation shall enter into force on 1 March 1995.
(') OJ   No  L  148,  28 . 6. 1968, p. 13.
(2) OJ   No  L  136,  31 . 5. 1994, p. 5.
(3  OJ   No  L  249,  24.  9. 1994, p. 9.                            (6) OJ No L 55, 1 . 3. 1988, p. 31 .
(4) OJ   No  L  169,  18.  7. 1968, p. 6.                            0 OJ No L 350, 31 . 12. 1994, p. 66.
0 OJ No L 138, 31 . 5. 1990, p. 8.                                   (8) OJ No L 102, 28. 4. 1993, p. 14.
 ---pagebreak--- 1 . 3 . 95    1 EN               Official Journal of the European Communities                           No L 45/27
           This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 28 February 1995.
                                                                        For the Commission
                                                                        Martin BANGEMANN
                                                                    Member of the Commission
                                                       ANNEX
           to the Commission Regulation of 28 February 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                               70,28
           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                                                56,41
                               b) On exportation of other goods                              117,90
           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                                                13,89
                               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