CELEX: 31985R0259
Language: en
Date: 1985-02-01 00:00:00
Title: Commission Regulation (EEC) No 259/85 of 31 January 1985 fixing the rates of the refunds applicable from 1 February 1985 to certain milk products exported in the form of goods not covered by Annex II to the Treaty

No L 28 /22                              Official Journal of the European Communities                             1 . 2. 85
                                      COMMISSION REGULATION (EEC) No 259/85
                                                       of 31 January 1985
               fixing the rates of the refunds applicable from 1 February 1985 to certain milk
                 products exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN                                     (c) the need to ensure equality of competition for the
COMMUNITIES,                     r  •                                    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                Whereas Article 4 (3) of Regulation (EEC) No 3035/80
of 27 June 1968 on the common organization of the                  provides that, when the rate of the refund is being
market in milk and milk products ('), as last amended              fixed, account should be taken, where necessary, of
by Regulation (EEC) No 1 557/84 (2), and in particular             production refunds, aids or other measures having
Article 17 (5) thereof,                                            equivalent effect applicable in all Member States in
                                                                   accordance with the Regulation on the common organ­
                                                                   ization of the market in the product in question to
Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68             the basic products listed in Annex A to that Regula­
provides that the difference between prices in interna­            tion or to assimilated products ;
tional trade for the products listed in Article 1 (a), (b),
(c) and (e) of that Regulation and prices within the
Community may be covered by an export refund ;
whereas Council Regulation (EEC) No 3035/80 of 11                  Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68
November 1980 laying down general rules for granting               provides for the payment of aid for Community­
export refunds on certain agricultural products                    produced skimmed milk processed into casein if such
                                                                   milk and the casein manufactured from it fulfil certain
exported in the form of goods not covered by Annex
II to the Treaty, and criteria for fixing the amount of            conditions set out in Article 1 of Council Regulation
such refunds (3), as last amended by Regulation (EEC)              (EEC) No 987/68 of 15 July 1968 laying down general
No 1028/83 (4), specifies the products for which a rate            rules for granting aid for skimmed milk processed into
of refund should be fixed, to be applied where these               casein or caseinates (*), as last amended by the Act of
products are exported in the form of goods listed in               Accession (6) ;
the Annex to Regulation (EEC) No 804/68 ;
Whereas, in accordance with the first subparagraph of              Whereas Commission Regulation (EEC) No 262/79 of
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate             12 February 1979 on the sale of butter at reduced
of the refund per 100 kilograms for each of the basic              prices for use in the manufacture of pastry products,
products in question must be fixed for each month ;                ice-cream and other foodstuffs Q, as last amended by
                                                                   Regulation (EEC) No 2927/84 (8), Commission Regula­
                                                                   tion (EEC) No 442/84 of 21 February 1984 on the
Whereas, in accordance with paragraph 2 of that                    granting of aid for butter from private storage for use
Article, that rate must be determined with particular              in the manufacture of pastry products, ice-cream and
reference to :
                                                                   other foodstuffs and amending Regulation (EEC) No
                                                                    1245/83 (9) and Commission Regulation (EEC) No
(a) the average costs incurred by processing industries             1932/81 of 13 July 1981 on the granting of aid for
     in obtaining supplies of the basic products in ques­          butter and concentrated butter for use in the manufac­
     tion on the Community market and the prices                   ture of pastry products, ice-cream arid other food­
     ruling on the world markets ;                                 stuffs (10), as last amended by Regulation (EEC) No
                                                                   2927/84, lay down that butter at reduced prices should
(b) the level of the refunds on exports of processed               be made available to industries which manufacture
     agricultural products covered by Annex II to the              certain goods ;
     Treaty which are manufactured under similar
     conditions ;
                                                                   0 OJ     No L 169, 18 . 7. 1968 , p. 6 .
                                                                   (6) OJ   No L 73, 27. 3 . 1972, p. 14.
(') OJ  No  L  148 , 28 . 6. 1968 , p. 13 .                        0 OJ     No L 41 , 16. 2. 1979, p. 1 .
0   OJ  No  L  150,  6. 6. 1984, p. 6.                             (8) OJ   No L 276, 19 . 10 . 1984, p. 14.
(3) OJ  No  L  323 , 29 . 11 . 1980, p. 27.                        0 OJ     No L 52, 23. 2. 1984, p. 12.
(4) OJ  No  L  116,  30 . 4. 1983, p. 9 .                          ( I0) OJ  No L 191 , 14. 7. 1981 , p. 6 .
 ---pagebreak--- 1 . 2. 85                        Official Journal of the European Communities                         No L 28 /23
Whereas the measures provided for in this Regulation        in Article 1 of Regulation (EEC) No 804/68 , exported
are in accordance with the opinion of the Management        in the form of goods listed in the Annex to Regulation
Committee for Milk and Milk Products ,                      (EEC) No 804/68 , are hereby fixed as shown in the
                                                            Annex to this Regulation.
                                                            2.     No rates of refund are fixed for any of the
HAS ADOPTED THIS REGULATION :                               products referred to in the preceding paragraph which
                                                            are not listed in the Annex to this Regulation .
                       Article 1
                                                                                   Article 2
1 . The rates of the refunds applicable from 1
February 1985 to the basic products appearing in            This Regulation shall enter into force on 1 February
Annex A to Regulation (EEC) No 3035/80 and listed           1985 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 31 January 1985.
                                                                      For the Commission
                                                                          The President
                                                                        Jacques DELORS
 ---pagebreak--- No L 28 /24                         Official Journal of the European Communities                              1 . 2. 85
                                                           ANNEX
            to the Commission Regulation of 31 January 1985 fixing the rates of the refunds applicable
            from 1 February 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                                   78,60
            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)                                             101,16
            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)             25,33
            ex 04.03              Butter, with a fat content by weight of 82 % (PG 6) :
                                  a) On exportation of the following goods manufactured
                                     under the conditions laid down in Regulations (EEC) No
                                     262/79 , (EEC) No 442/ 84 and ( EEC) No 1932/81 :
                                     — goods falling within CCT heading No 19.08 or
                                         subheadings 18.06 B and 21.07 C,
                                     — preparations for making ice-cream and similar edible
                                         products called 'ice-mix' falling within CCT sub­
                                         heading 18.06 D and heading No 21.07 ; and prepara­
                                         tions called 'chocolate milk crumb' falling within
                                         subheading 18.06 D II b) 2,
                                     — the following goods put up for retail sale :
                                         sugar confectionery falling within subheading 17.04 D
                                         II ; sugar confectionery falling within subheading
                                         18.06 C II b) ; chocolate goods, filled, falling within
                                         subheading 18.06 C II b), with the exception of their
                                         chocolate coating ; other food preparations containing
                                         cocoa and falling within subheading 18.06 D II a) or b)
                                     — raw doughs and powdered preparations falling within
                                         CCT subheading 19.02 B II b)
                                  b) On exportation of goods of CCT subheadings 21.07 G VII
                                     to IX                                                         138,23 (')
                                  c) On exportation of other goods                                 1 25,23
            (') Rate applicable only in the cases indicated in Article 7 of Regulation (EEC) No 1760/83.