CELEX: 31985R3358
Language: en
Date: 1985-11-30 00:00:00
Title: Commission Regulation (EEC) No 3358/85 of 29 November 1985 fixing the rates of the refunds applicable from 1 December 1985 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

No L 321 /28                               Official Journal of the European Communities                              30 . 11 . 85
                                         COMMISSION REGULATION (EEC) No 3358 /85
                                                         of 29 November 1985
                     fixing the rates of the refunds applicable from 1 December 1985 to certain milk
                       products exported in the form of goods not covered by Annex II to the Treaty
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                which use third-country products under inward­
                                                                            processing arrangements ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                       Whereas Article 4 (3) of Regulation (EEC) No 3035/80
                                                                       provides that, when the rate of the refund is being fixed,
 Having regard to Council Regulation (EEC) No 804/68 of                account should be taken, where necessary, of production
 27 June 1968 on the common organization of the market                 refunds, aids or other measures having equivalent effect
 in milk and milk products ('), as last amended by Regula­             applicable in all Member States in accordance with the
 tion (EEC) No 1298/85 (2), and in particular Article 17 (5)           Regulation on the common organization of the market in
 thereof,                                                              the product in question to the basic products listed in
                                                                       Annex A to that Regulation or to assimilated products ;
Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68
 provides that the difference between prices in interna­               Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68
 tional trade for the products listed in Article 1 (a), (b), (c)       provides for the payment of aid for Community-produced
 and (e) of that Regulation and prices within the Commu­               skimmed milk processed into casein if such milk and the
 nity may be covered by an export refund ; whereas                     casein manufactured from it fulfil certain conditions set
 Council Regulation (EEC) No 3035/80 of 11 November                    out in Article 1 of Council Regulation (EEC) No 987/68
 1980 laying down general rules for granting export                    of 15 July 1968 laying down general rules for granting aid
 refunds on certain agricultural products exported in the              for skimmed milk processed into casein or caseinates (*),
 form of goods not covered by Annex II to the Treaty, and              as last amended by the Act of Accession (*) ;
criteria for fixing the amount of such refunds (3), as last
amended by Regulation (EEC) No 1982/85 (4), specifies
 the products for which a rate of refund should be fixed, to
be applied where these products are exported in the form              Whereas Commission Regulation (EEC) No 262/79 of 12
of goods listed in the Annex to Regulation (EEC) No                    February 1979 on the sale of butter at reduced prices for
 804/68 :                                                              use in the manufacture of pastry products, ice-cream and
                                                                       other foodstuffs ("), as last amended by Regulation (EEC)
                                                                       No 2072/85 (8), Commission Regulation (EEC) No 442/84
Whereas, in accordance with the first subparagraph of                  of 21 February 1984 on the granting of aid for butter
Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of            from private storage for use in the manufacture of pastry
the, refund per 100 kilograms for each of the basic                    products, ice-cream and other foodstuffs and amending
products in question must be fixed for each month ;                    Regulation (EEC) No 1245/83 (9) and Commission Regu­
                                                                       lation (EEC) No 1932/81 of 13 July 1981 on the granting
                                                                       of aid for butter and concentrated butter for use in the
Whereas, in accordance with paragraph 2 of that Article,               manufacture of pastry products, ice-cream and other food­
that rate must be determined with particular reference to :            stuffs (10), as last amended by Regulation (EEC) No 453/
                                                                       85 (u), lay down that butter at reduced prices should be
                                                                       made available to industries which manufacture certain
(a) the average costs incurred by processing industries in            goods ;
     obtaining supplies of the basic products in question
     on the Community market and the prices ruling on
     the world markets ;
                                                                      Whereas the measures provided for in this Regulation are
(b) the level of the refunds on exports of processed agri­             in accordance with the opinion of the Management
     cultural products covered by Annex II to the Treaty               Committee for Milk and Milk Products,
     which are manufactured under similar conditions ;
(c) the need to ensure equality of competition for the
     industries which use Community products and those                0 OJ No L 169, 18 . 7. 1968 , p . 6.
                                                                      («) OJ No L 73, 27. 3. 1972, p. 14.
                                                                      0 OJ No L 41 , 16. 2. 1979, p. 1 .
(') OJ  No  L   148,  28 . 6. 1968, p. 13.                            (8) OJ No L 196, 26. 7. 1985, p. 22.
0   OJ  No  L   137,  27.  5. 1985, p. 5.                             0 OJ No L 52, 23 . 2. 1984, p. 12.
(3) OJ  No  L   323,  29 . 11 . 1980, p. 27.                          H OJ No L 191 , 14. 7. 1981 , p. 6.
(4) OJ  No  L   186,  19 . 7. 1985, p. 8 .                            ('■) OJ No L 52, 22. 2. 1985, p. 40.
 ---pagebreak--- 30 . 11 . 85                       Official Journal of the European Communities                          No L 321 /29
HAS ADOPTED THIS REGULATION :                                  804/68, are hereby fixed as shown in the Annex to this
                                                               Regulation.
                        Article 1
                                                               2. No rates of refund are fixed for any of the products
                                                               referred to in the preceding paragraph which are not
                                                               listed in the Annex to this Regulation.
1 . The rates of the refunds applicable from 1
December 1985 to the basic products appearing in Annex                                 Article 2
A to Regulation (EEC) No 3035/80 and listed in Article 1
of Regulation (EEC) No 804/68, exported in the form of         This Regulation shall enter into force on 1 December
goods listed in the Annex to Regulation (EEC) No               1985 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 29 November 1985 .
                                                                        For the Commission
                                                                            COCKFIELD
                                                                            Vice-President
 ---pagebreak--- No L 321 /30                        Official Journal of the European Communities                               30 . 11 . 85
                                                          ANNEX
             to the Commission Regulation of 29 November 1985 fixing the rates of the refunds
             applicable from 1 December 1985 to certain milk products exported in the form of goods
                                         not covered by Annex II to the Treaty
                                                                                                 (ECU/100 kg)
                    CCT
                                                                                                   Rate of
                   heading                                 Description                             refund
                     No
             ex 04.02 A II        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 CCT heading No 35.01
                                  b) On exportation of other goods                                  85,86
             ex 04.02 A II        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)                                             116,10
             ex 04.02 A III       Concentrated milk, with a fat content by weight of 7,5 % and
                                  a content by weight in dry matter equal to 25 % (PG 4)             30,65
             ex 04.03             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 and
                                      (EEC) No 1932/81
                                  b) On exportation of goods of CCT subheadings 21.07 G VII
                                      to IX                                                         194,45 (')
                                   c) On exportation of other goods                                181,45
             (') Rate applicable only in the cases indicated in Article 7 of Regulation (EEC) No 1760/83.