CELEX: 31993R1309
Language: en
Date: 1993-05-29 00:00:00
Title: Commission Regulation (EEC) No 1309/93 of 28 May 1993 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 132/56                                 Official Journal of the European Communities                               29 . 5 . 93
                                       COMMISSION REGULATION (EEC) No 1309/93
                                                            of 28 May 1993
                   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,                           (c) the need to ensure equality of competition for the
                                                                           industries which use Community products and those
                                                                           which use third-country products under inward­
                                                                           processing arrangements ;
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of                Whereas Article 4 (3) of Regulation (EEC) No 3035/80
27 June 1968 on the common organization of the market                 provides that, when the rate of the refund is being fixed,
in milk and milk products ('), as last amended by Regula­             account should be taken, where necessary, of production
tion (EEC) No 2071 /92 (2), and in particular Article 17 (4)          refunds, aids or other measures having equivalent effect
thereof,                                                              applicable in all Member States in accordance with the
                                                                      Regulation on the common organization of the market in
                                                                      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
tional trade for the products listed in Article 1 (a), (b), (c)
and (e) of that Regulation and prices within the Commu­
nity may be covered by an export refund ; whereas                     Whereas Article 1 1 ( 1 ) of Regulation (EEC) No 804/68
Council Regulation (EEC) No 3035/80 of 11 November                     provides for the payment of aid for Community-produced
 1980 laying down general rules for granting export                    skimmed milk processed into casein if such milk and the
refunds on certain agricultural products exported in the               casein manufactured from it fulfil certain conditions set
form of goods not covered by Annex II to the Treaty, and               out in Article 1 of Council Regulation (EEC) No 987/68
criteria for fixing the amount of such refunds (3), as last            of 15 July 1968 laying down general rules for granting aid
amended by Regulation (EEC) No 3381 /90 (4), specifies                 for skimmed milk processed into casein or caseinates (*),
the products for which a rate of refund should be fixed, to            as last amended by Regulation (EEC) No 1435/90 (6) ;
be applied where these products are exported in the form
of goods listed in the Annex to Regulation (EEC) No
804/68 ;
                                                                       Whereas Commission Regulation (EEC) No 570/88 of 16
                                                                       February 1988 on the sale of butter at reduced prices and
Whereas, in accordance with the first subparagraph of
                                                                       the granting of aid for butter and concentrated butter for
Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of
                                                                       use in the manufacture of pastry products, ice-cream and
the refund per 100 kilograms for each of the basic
                                                                       other foodstuffs O, as last amended by Regulation (EEC)
products in question must be fixed for each month ;                    No 3774/92 (8), lay down that butter and cream at reduced
                                                                       prices should be made available to industries which
                                                                       manufacture certain goods ;
Whereas, in accordance with paragraph 2 of that Article,
that rate must be determined with particular reference to :
(a) the average costs incurred by processing industries in             Whereas Council Regulation (EEC) No 990/93 (9) prohi­
     obtaining supplies of the basic products in question              bits trade between the European Economic Community
     on the Community market and the prices ruling on                  and the Federal Republic of Yugoslavia (Serbia and
     the world markets ;                                               Montenegro) ; whereas this prohibition does not apply in
                                                                       certain situations as comprehensively listed in Articles 2,
(b) the level of the refunds on exports of processed agri­             4, 5 and 7 thereof ; whereas account should be taken of
     cultural products covered by Annex II to the Treaty               this fact when fixing the refunds ;
     which are manufactured under similar conditions :
                                                                       O   OJ No   L 169, 18 .  7. 1968, p. 6.
(') OJ  No  L   148 , 28. 6. 1968, p. 13.                              (*) OJ No   L 138, 31 .  5. 1990, p. 8 .
(2) OJ  No  L   215,  30. 7. 1992, p. 64.                              0   OJ No   L 55, 1 . 3.  1988 , p. 31 .
(3) OJ  No  L   323,  29. 11 . 1980, p. 27.                            (8) OJ No   L 383, 29 .  12. 1992, p. 48 ,
(4  OJ  No  L   327,  27. 11 . 1990, p. 4.                             0   OJ No   L 102, 28 .  4. 1993, p. 14.
 ---pagebreak--- 29 . 5. 93                          Official Journal of the European Communities                              No L 132/57
Whereas the Management Committee for Milk and Milk             2. No rates of refund are fixed for any of the products
Products has not delivered an opinion within the time          referred to in the preceding paragraph which are not
limit set by its chairman,                                     listed in the Annex to this Regulation.
                                                                                           Article 2
HAS ADOPTED THIS REGULATION :                                  Where Article 8 (2) of Regulation (EEC) No 3035/80 is
                                                               applied to exports of one of the goods referred to in
                                                               Article 4(1 ), (2) or (3) of Regulation (EEC) No 570/88, the
                        Article 1                              rate of the refund on milk products shall be that appli­
                                                               cable to the use of reduced price butter, unless the
1 . The rates of the refunds applicable to the basic           exporter provides proof that the product does not contain
products appearing in Annex A to Regulation (EEC) No           reduced-price butter.
3035/80 and listed in Article 1 of Regulation (EEC) No
804/68, exported in the form of goods listed in the Annex                                   Article 3
to Regulation (EEC) No 804/68 , are hereby fixed as
shown in the Annex to this Regulation.                         This Regulation shall enter into force on 1 June 1993.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 28 May 1993.
                                                                        For the Commission
                                                                        Martin BANGEMANN
                                                                     Member of the Commission
 ---pagebreak--- No L 132/58                           Official Journal of the European Communities                                         29. 5. 93
                                                               ANNEX
            to the Commission Regulation of 28 May 1993 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)
                   CN code                                      Description                                    refund"*)
            ex 040210 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                                                             51,69
                                     b) On exportation of other goods                                           112,00
            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                                                             23,00
                                     b) On exportation of goods of CN code 2106 90 99 contai­
                                        ning 40 % or more by weight of milk fat                                 174,00
                                     c) On exportation of other goods                                           168,00
            (*) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where
                the conditions laid down in Regulation (EEC) No 990/93 are observed.