CELEX: 31995R2561
Language: en
Date: 1995-10-31 00:00:00
Title: COMMISSION REGULATION (EC) No 2561/95 of 31 October 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 262/ 12             EN                Official Journal of the European Communities                               1 . 11 . 95
                                         COMMISSION REGULATION (EC) No 2561/95
                                                        of 31 October 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 f), as last amended by Regulation (EC)
Having regard to Council Regulation (EEC) No 804/68 of               No 1802/95 (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 1380/95 (10), prohibits
                                                                     trade between the European Community and the Federal
Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68
                                                                     Republic of Yugoslavia (Serbia and Montenegro) ; whereas
provides that the difference between prices in interna­              this prohibition does not apply in certain situations as
tional trade for the products listed in Article 1 (a), (b), (c),     comprehensively listed in Articles 2, 4, 5 and 7 thereof ;
(d), (e), and (g) of that Regulation and prices within the           whereas account should be taken of this fact when fixing
Community may be covered by an export refund ;                       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
1 538/95 (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                   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 amended Regulation
skimmed milk processed into casein if such milk and the              (EEC) No 990/93 are observed.
casein manufactured from it fulfil certain conditions set
out in Article 1 of Council Regulation (EEC) No 987/68
of 15 July 1968 laying down general rules for granting aid                                    Article 2
for skimmed milk processed into casein or caseinates (5),
as last amended by Regulation (EEC) No 1435/90 (*);
                                                                     This Regulation shall enter into force on 1 November
                                                                      1995.
(') OJ   No L   148 , 28 . 6. 1968, p. 13.
(2) OJ   No L   148,  30.  6. 1995, p. 17.
(3) OJ   No L   136,  31 . 5. 1994, p. 5.                            f) OJ No L 55, 1 . 3. 1988, p. 31 .
(4) OJ   No L   148 , 30.  6. 1995, p. 17.                           (8) OJ No L 174, 26. 7. 1995, p. 27.
(s) OJ No L 169, 18. 7. 1968, p. 6.                                  0 OJ No L 102, 28. 4. 1993, p. 14.
(6) OJ No L 138 , 31 . 5. 1990, p. 8 .                               H OJ No L 138, 21 . 6. 1995, p. 1 .
 ---pagebreak--- 1 . 11 . 95     EN               Official Journal of the European Communities                           No L 262/ 13
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 31 October 1995.
                                                                       For the Commission
                                                                       Martin BANGEMANN
                                                                    Member of the Commission
                                                       ANNEX
            to the Commission Regulation of 31 October 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                                                55,50
                               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                                                35,00
                               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