CELEX: 31988R3795
Language: en
Date: 1988-12-06 00:00:00
Title: Commission Regulation (EEC) No 3795/88 of 5 December 1988 fixing the refunds in the milk and milk products sector for low-fat cheese for the period 1 January to 24 March 1988

Official Journal of the European Communities                                                 6. 12. 88
No L 334/ 16
                                       COMMISSION REGULATION (EEC) No 3795/88
                                                            of 5 December 1988
                  fixing the refunds in the milk and milk products sector for low-fat cheese for the
                                                  period 1 . January to 24 March 1988
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                                    Whereas the new category of cheese includes 'low-fat
                                                                               cheese, which was classified before 1 January 1988 within
                                                                               subheading 0404 E I b) ex 2 (cc) of the Common Customs
                                                                               Tariff and refunds were fixed in respect thereof ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                               Whereas from 25 March 1988 refunds were fixed for the
                                                                               low-fat cheese in question falling within CN code
                                                                               0406 90 77 100 ; whereas, however, for the period 1
Having regard to the Act of Accession of Spain and                             January to 24 March 1988 no refund was applicable ;
Portugal,                                                                      whereas the aim of that measure was not to prevent such
                                                                               products from qualifying for a refund, which was simply
                                                                               an involuntary consequence of the introduction of the
                                                                                new harmonized system ; whereas the refunds in force at
Having regard to Council Regulation (EEC) No 804/68 of                          31 December 1987 should be made applicable for that
27 June 1968 on the common organization of the market                           period ;
 in milk and milk products ('), as last amended by
 Regulation (EEC) No 1109/88 (2), and in particular Article
 17 (5) thereof,                                                                Whereas, for the period concerned (1 January to 24
                                                                                March 1988), Commission Regulations (EEC) No
                                                                                88/88 0, (EEC) No 238/88 (6) and (EEC) No 508/88 0 fix
                                                                                the export refunds in the milk and milk products sector ;
 Whereas Commission Regulation (EEC) No 3846/87 ( ),                            whereas, for the sake of simplification, the , three
 as last amended by Regulation (EEC) No 2882/88 (4),                            abovementioned Regulations should not be amended but
 establishes an agricultural product nomenclature for                           should rather be supplemented by an independent
 export refunds ; whereas a distinction was made, as                            regulation ;
  regards cheese falling within CN code 0406 90 77,
 between products of a fat content by weight in the dry
  matter of less than 39 % and those of a fat content equal                     Whereas the pleasures provided for in this Regulation are
  to or greater than 39 % ; whereas from 1 January 1988 no                      in accordance with the opinion of the Management
  refund was fixed for the former ;                                              Committee for Milk and Milk Products,
                    HAS ADOPTED THIS REGULATION :
                                                                       Article 1
                    For the period ' 1 January to 24 March 1988 inclusive, the refunds for the following
                    products shall be equal to the amounts as indicated :
                                                                                                             (ECU/100 kg net weight)
                                                                                          Destination         Foot­
                                                                                                                           Refund
                           CN code                         Description                          0             notes
                    0406 90 77 100         Danbo, Fontal, Fontina, Fynbo, Gouda,              028             00             24,00
                                           Havarti, Maribo, Sams0 :                           032             00             24,00
                                                                                              036             00
                                           of a fat content, by weight, in the dry            038             00
                                           matter of less than 39 %                           400             00             47,24
                                                                                              404             00
                                                                                                              00            125,21
                    (') No refund shall be paid in respect of exported cheese of which the free-at-frontier price, before application of
                        the refund and the monetary compensatory amount, in the exporting Member State, is less than Ecu 140 per 100
                        kilograms. This limitation to Ecu 140 per 100 kilograms does not apply to cheeses falling within CN codes
                        0406 90 91 and 0406 90 93 .
   (') OJ No L 168, 28 . 6. 1*68, p. 13 .
   0 OJ No L 110, 29. 4. 1988, p. 27.                                            0 OJ No L 11 , 15. 1 . 1988, p. 5.
   h) OJ No L 366, 24. 12. 1987, p. 1 .                                          (6) OJ No L 24, 29. 1 . 1988, p. 13.
   (4) OJ No L 260, 20. 9. 1988, p. 37.                                          f) OJ No L 52, 26. 2. 1988, p. 21 .
 ---pagebreak---                                                                                                                              No L 334/ 17
6. 12. 88                           Official Journal of the European Communities
          f) In the case of cheeses presented in containers which also contain conserving liquid, in particular brine, the
              refund is granted on the net weight, the weight of the liquid being deducted.
          (*) The code numbers for the destinations are those set our in the Annex to Commission Regulation (EEC) No
              3639/86 (OJ No L 336, 29. 11 . 1986, p. 46).
              For destinations other than those indicated for each 'product code', the amount of the refund applying is
              indicated by * "* .
              Where no destination is indicated, the amount of the refund is applicable for exports to any destination other
              than those referred to in Article 1 (2) and (3).
           NB : The product codes and the footnotes are defined in Commission Regulation (EEC) No 3846/87 as amended
                 (OJ No L 366, 24. 12. 1987, p. 1 ).
                                                               Article 2
           The Member States shall notify the Commission before 1 April 1989 of cases where this
           Regulation is applied.
                                                               Article 3
           This Regulation shall enter into force on the day of its publication in the Official Journal
            of the European Communities.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 5 December 1988 .
                                                                                   For the Commission
                                                                                    Frans ANDRIESSEN
                                                                                        Vice-President