CELEX: 31995R1852
Language: en
Date: 1995-07-27 00:00:00
Title: COMMISSION REGULATION (EC) No 1852/95 of 27 July 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 177/48          I EN                 Official Journal of the European Communities                                28 . 7. 95
                                          COMMISSION REGULATION (EC) No 1852/95
                                                            of 27 July 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 0, as last amended by Regulation (EC)
 Having regard to Council Regulation (EEC) No 804/68 of                No 455/95 (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
 in milk and milk products ('), as last amended by Regula­             manufacture certain goods ;
 tion (EC) No 1538/95 (2), and in particular Article 17 (3)
 thereof,                                                              Whereas Council Regulation (EEC) No 990/93 (9), as
                                                                       amended by Regulation (EC) No 1380/95 (10), prohibits
 Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68                trade between the European Community and the Federal
 provides that the difference between prices in interna­               Republic of Yugoslavia (Serbia and Montenegro) ; whereas
 tional trade for the products listed in Article 1 (a), (b), (c),      this prohibition does not apply in certain situations as
                                                                       comprehensively listed in Articles 2, 4, 5 and 7 thereof ;
 (d), (e), and (g) of that Regulation and prices within the
 Community may be covered by an export refund ;                       whereas account should be taken of this fact when fixing
                                                                       the refunds ;
 whereas Commission Regulation (EC) No 1222/94 of 30
 May 1994 laying down common implementing rules for
 granting export refunds on certain agricultural products             Whereas the measures provided for in this Regulation are
 exported in the form of goods not covered by Annex II to              in accordance with the opinion of the Management
 the Treaty, and criteria for fixing the amount of such                Committee for Milk and Milk Products,
 refunds 0, as last amended by Regulation (EC) No
 1 149/95 (4), specifies the products for which a rate of
 refund should be fixed, to be applied where these
 products are exported in the form of goods listed in the             HAS ADOPTED THIS REGULATION :
 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
 products in question must be fixed for each month ;                   1 . The rates of the refunds applicable to the basic
                                                                      products appearing in Annex A to Regulation (EC) No
 Whereas Article 4 (3) of Regulation (EC) No 1222/94                   1222/94 and listed in Article 1 of Regulation (EEC) No
 provides that, when the rate of the refund is being fixed,           804/68, exported in the form of goods listed in the Annex
 account should be taken, where necessary, of production              to Regulation (EEC) No 804/68, are hereby fixed as
 refunds, aids or other measures having equivalent effect             shown in the Annex to this Regulation.
 applicable in all Member States in accordance with the
 Regulation on the common organization of the market in               2. No rates of refund are fixed for any of the products
 the product in question to the basic products listed in              referred to in the preceding paragraph which are not
 Annex A to that Regulation or to assimilated products ;              listed in the Annex to this Regulation .
Whereas Article 11 (1 ) of Regulation (EEC) No 804/68                 3. Refunds on exports to the Federal Republic of
 provides for the payment of aid for Community-produced               Yugoslavia (Serbia and Montenegro) may be granted only
skimmed milk processed into casein if such milk and the               when the conditions laid down in amended Regulation
casein manufactured from it fulfil certain conditions set             (EEC) No 990/93 are observed.
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 0,                                          Article 2
as last amended by Regulation (EEC) No 1435/90 0 ;
                                                                      This Regulation shall enter into force on 28 July 1995.
(') OJ   No  L  148,  28.  6. 1968, p. 13.
 2) OJ   No  L  148,  30.  6. 1995, p. 17.
(3) OJ   No  L  136,  31 . 5. 1994, p. 5.                             f) OJ No L 55, 1 . 3. 1988, p. 31 .
(«) OJ   No  L  116,  23.  5. 1995, p. 1.                             f) OJ No L 46, 1 . 3. 1995, p. 31 .
0   OJ   No  L  169,  18.  7. 1968, p. 6.                             o OJ No L 102, 28. 4. 1993, p. 14.
(4 OJ No L 138, 31 . 5. 1990, p. 8.                                   (10) OJ No L 138 , 21 . 6. 1995, p. 1 .
 ---pagebreak--- 28 . 7 . 95     EN               Official Journal of the European Communities                           No L 177/49
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 27 July 1995.
                                                                       For the Commission
                                                                       Martin BANGEMANN
                                                                    Member of the Commission
                                                      ANNEX
            to the Commission Regulation of 27 July 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                                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                                                54,23
                              b) On exportation of other goods                               103,21
            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                                                31,00
                              b) On exportation of goods of CN code 2106 90 98
                                  containing 40 % or more by weight of milk fat              167,25
                              c) On exportation of other goods                               160,00