CELEX: 31995R0049
Language: en
Date: 1995-01-12 00:00:00
Title: COMMISSION REGULATION (EC) No 49/95 of 12 January 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 9/22                                  Official Journal of the European Communities                                  13 . 1 . 95
                                            COMMISSION REGULATION (EC) No 49/95
                                                           of 12 January 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 Q, as last amended by Regulation (EC)
 Having regard to Council Regulation (EEC) No 804/68 of                No 3337/94 (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
                                                                       manufacture certain goods ;
 in milk and milk products ('), as last amended by Regula­
 tion (EC) No 2807/94 (2), and in particular Article 17 (4)
 thereof,                                                              Whereas Council Regulation (EEC) No 990/93 Q prohi­
                                                                       bits trade between the European Community and the
 Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68                Federal Republic of Yugoslavia (Serbia and Montenegro) ;
 provides that the difference between prices in interna­               whereas this prohibition does not apply in certain situa­
 tional trade for the products listed in Article 1 (a), (b), (c),      tions as comprehensively listed in Articles 2, 4, 5 and 7
                                                                       thereof ; whereas account should be taken of this fact
 (d), (e), and (g) of that Regulation and prices within the
 Community may be covered by an export refund ;                        when fixing the refunds ;
 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 (3), as last amended by Regulation (EC) No
 2296/94 (4), 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 15 July 1968 laying down general rules for granting aid
for skimmed milk processed into casein or caseinates (*),                                        Article 2
as last amended by Regulation (EEC) No 1435/90 (6) ;
                                                                       This Regulation shall enter into force on 13 January
(') OJ   No  L 148,  28.  6. 1968, p. 13.                              1 995 .
(2) OJ   No  L 298,  19.  11 . 1994, p. 1 .
(J) OJ   No  L 136,  31 . 5. 1994, p. 5.
(4) OJ   No  L 249,  24.  9. 1994, p. 9.                               f) OJ No L 55, 1 . 3. 1988, p. 31 .
0   OJ   No  L 169,  18.  7. 1968, p. 6.                               (8) OJ No L 350, 31 . 12. 1994, p. 66.
¥) OJ No L 138, 31 . 5. 1990, p. 8.                                    0 OJ No L 102, 28 . 4. 1993, p. 14.
 ---pagebreak--- 13 . 1 . 95                     Official Journal of the European Communities                            No L 9 /23
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 12 January 1995.
                                                                       For the Commission
                                                                       Martin BANGEMANN
                                                                    Member of the Commission
                                                      ANNEX
            to the Commission Regulation of 12 January 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                               58,20
            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                                                53,91
                               b) On exportation of other goods                               99,28
            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                                                34,20
                               b) On exportation of goods of CN code 2106 90 98 contai­
                                  ning 40 % or more by weight of milk fat                    161,20
                               c) On exportation of other goods                              155,20