CELEX: 31991R2316
Language: en
Date: 1991-08-01 00:00:00
Title: Commission Regulation (EEC) No 2316/91 of 31 July 1991 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

1 . 8 . 91                                 Official Journal of the European Communities                          No L 213/45
                                        COMMISSION REGULATION (EEC) No 2316/91
                                                           of 31 July 1991
                    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 Article 4 (3) of Regulation (EEC) No 3035/80
                                                                      provides that, when the rate of the refund is being fixed,
                                                                      account should be taken, where necessary, of production
Having regard to the Treaty establishing the European                 refunds, aids or other measures having equivalent effect
Economic Community,                                                   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
Having regard to Council Regulation (EEC) No 804/68 of                Annex A to that Regulation or to assimilated products ;
27 June 1968 on the common organization of the market
in milk and milk products ('), as last amended by Regula­
tion (EEC) No 1630/91 (2), and in particular Article 17 (4)           Whereas Article 11 (1 ) of Regulation (EEC) No 804/68
thereof,                                                              provides for the payment of aid for Community-produced
                                                                      skimmed milk processed into casein if such milk and the
                                                                      casein manufactured from it fulfil certain conditions set
Whereas Article 17 (1 ) of Regulation (EEC) No 804/68                 out in Article 1 of Council Regulation (EEC) No 987/68
provides that the difference between prices in interna­               of 15 July 1968 laying down general rules for granting aid
tional trade for the products listed in Article 1 (a), (b), (c)       for skimmed milk processed into casein or caseinates (*),
and (e) of that Regulation and prices within the Commu­               as last amended by Regulation (EEC) No 1435/90 (6) ;
nity may be covered by an export refund ; whereas
Council Regulation (EEC) No 3035/80 of 11 November
1980 laying down general rules for granting export                    Whereas Commission Regulation (EEC) No 570/88 of 16
refunds on certain agricultural products exported in the              February 1988 on the sale of butter at reduced prices and
form of goods not covered by Annex II to the Treaty, and              the granting of aid for butter and concentrated butter for
criteria for fixing the amount of such refunds (3), as last           use in the manufacture of pastry products, ice-cream and
amended by Regulation (EEC) No 3381 /90 (4), specifies                other foodstuffs Q, as last amended by Regulation (EEC)
the products for which a rate of refund should be fixed, to           No 1157/91 (8), lay down that butter and cream at reduced
be applied where these products are exported in the form              prices should be made available to industries which
of goods listed in the Annex to Regulation (EEC) No                   manufacture certain goods ;
804/68 ;
                                                                      Whereas the measures provided for in this Regulation are
Whereas, in accordance with the first subparagraph of                 in accordance with the opinion of the Management
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of            Committee for Milk and Milk Products,
the refund per 100 kilograms for each of the basic
products in question must be fixed for each month ;
Whereas, in accordance with paragraph 2 of that Article,
that rate must be determined with particular reference to :
                                                                      HAS ADOPTED THIS REGULATION :
(a) the average costs incurred by processing industries in
      obtaining supplies of the basic products in question
      on the Community market and the prices ruling on
      the world markets ;                                                                        Article 1
(b) the level of the refunds on exports of processed agri­
      cultural products covered by Annex II to the Treaty
      which are manufactured under similar conditions ;               1 . The fates of the refunds applicable to the basic
                                                                      products appearing in Annex A to Regulation (EEC) No
(c) the need to ensure equality of competition for the                3035/80 and listed in Article 1 of Regulation (EEC) No
      industries which use Community products and those               804/68, exported in the form of goods listed in the Annex
      which use third-country products under inward­                  to Regulation (EEC) No 804/68, are hereby fixed as
      processing arrangements ;                                       shown in the Annex to this Regulation.
(')  OJ   No L  148, 28 . 6. 1968, p. 13 .                            0   OJ No  L  169, 18 . 7. 1968, p. 6.
(2)  OJ   No L  150,  15. 6. 1991 , p. 19 .                           (6) OJ No  L  138, 31 . 5. 1990, p. 8 .
0    OJ   No L  323,  29. 11 . 1980, p. 27.                           0   OJ No  L 55, 1 . 3. 1988, p. 31 .
(4   OJ   No L  327,  27. 11 . 1990, p. 4.                            (8  OJ No  L  112, 4. 5. 1991 , p. 57.
 ---pagebreak--- No L 213/46                           Official Journal of the European Communities                                       1 . 8 . 91
2. No rates of refund are fixed for any of the products             Article 4 (1 ), (2) or (3) of Regulation (EEC) No 570/88, the
referred to in the preceding paragraph which are not                rate of the refund on milk products shall be that appli­
listed in the Annex to this Regulation.                             cable to te use of reduced price butter, unless the exporter
                                                                    provides proof that the product does not contain redu­
                                                                    ced-price butter.
                         Article 2
                                                                                                 Article 3
Where Article 8(2) of Regulation (EEC) No 3035/80 is
applied to exports of one of the goods referred to in               This Regulation shall enter into force on 1 August 1991 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 31 July 1991 .
                                                                             For the Commission
                                                                             Martin BANGEMANN
                                                                                   Vice-President
                                                           ANNEX
               to the Commission Regulation of 31 July 1991 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 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                                        70,00
               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                                                         54,65
                                   b) On exportation of other goods                                       112,00
               ex 0405 00 10       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                                                          9,00
                                   b) On exportation of goods of CN code 2106 90 99 contai­
                                      ning 40 % or more by weight of milk fat                             168,00
                                   c) On exportation of other goods                                       162,00