CELEX: 31990R2537
Language: en
Date: 1990-09-01 00:00:00
Title: Commission Regulation (EEC) No 2537/90 of 31 August 1990 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 237/86                                   Official Journal of the European Communities                                   1 . 9 . 90
                                         COMMISSION REGULATION (EEC) No 2537/90
                                                             of 31 August 1990
                     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 3879/89 (2), and in particular Article 17 (5)
thereof,                                                                 Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68
                                                                         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
provides that the difference between prices in interna­                  out in Article 1 of Council Regulation (EEC) No 987/68
tional trade for the products listed in Article 1 (a), (b), (c)          of 15 July 1968 laying down general rules for granting aid
and (e) of that Regulation and prices within the Commu­                  for skimmed milk processed into casein or caseinates (*),
nity may be covered by an export refund ; whereas                        as last amended by Regulation (EEC) No 1435/90 (6);
Council Regulation (EEC) No 3035/80 of 11 November
1980 laying down general rules for granting export
refunds on certain agricultural products exported in the                 Whereas Commission Regulation (EEC) No 442/84 of 21
form of goods not covered by Annex II to the Treaty, and                 February 1984 on the granting of did for butter from
criteria for fixing the amount of such refunds (3), as last              private storage for use in the manufacture of pastry
amended by Regulation (EEC) No 3209/88 (4), specifies                    products, ice-cream and other foodstuffs and amending
the products for which a rate of refund should be fixed, to              Regulation (EEC) No 1245/83 Q, as last amended by
be applied where these products are exported in the form                 Regulation (EEC) No 698/86 (8), and Commission Regula­
of goods listed in the Annex to Regulation (EEC) No                      tion (EEC) No 570/88 of 16 February 1988 on the sale of
804/68 :                                                                 butter at reduced prices and the granting of aid for butter
                                                                         and concentrated butter for use in the manufacture of
                                                                         pastry products, ice-cream and other foodstuffs (9), as last
Whereas, in accordance with the first subparagraph of                    amended by Regulation (EEC) No 1048/89 (10), lay down
Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of              that butter at reduced prices should be made available to
the refund per 100 kilograms for each of the basic                       industries which manufacture certain goods ;
products in question must be fixed for each month ;
Whereas, in accordance with paragraph 2 of that Article,                 Whereas the application of the second indent of Article 1
that rate must be determined with particular reference to :              (2) (d) of Regulation (EEC) No 3035/80 leads to the gran­
                                                                         ting, for certain milk products in power form, of refunds
                                                                         the level of which is not in conformity with the aims set
(a) the average costs incurred by processing industries in               out in Article 4 (2) of that Regulation ; whereas therefore a
     obtaining supplies of the basic products in question                specific rate must be fixed for these products, so thar the
     on the Community market and the prices ruling on                    resulting refund is equivalent to that applicable to similar
     the world markets ;                                                 products used in liquid form ;
(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 ;                    Whereas, in view of the present circumstances in the
                                                                         German Democratic Republic and their effects on the
(c) the need to ensure equality of competition for the                   market situation, no refund should be fixed for products
     industries which use Community products and those                   to be exported to that destination ;
    which use third-country products under inward
     processing arrangements ;
                                                                         0 OJ No L 169, 18. 7. 1968, p. 6.
                                                                         (6) OJ No L 138 , 31 . 5. 1990, p. 8 .
(') OJ  No  L   148,   28 . 6. 1968 , p. 13 .                            0 OJ No L 52, 23 . 2. 1984, p. 12.
(2) OJ  No  L   378 ,  27.  12. 1989, p. 1 .                             (8) OJ No L 64, 6. 3 . 1986, p. 12.
(3) OJ  No  L   323,   29.  11 . 1980, p. 27 .                           0 OJ No L 55, 1 . 3 . 1988 , p. 31 .
0   OJ  No  L   286,   20.  10. 1988, p. 6.                              H OJ No L 111 , 22. 4. 1989, p. 24.
 ---pagebreak--- 1 . 9 . 90                           Official Journal of the European Communities                        No L 237/87
Whereas the measures provided for in this Regulation are       to Regulation (EEC) No 804/68, are hereby fixed as
in accordance with the opinion of the Management               shown in the Annex to this Regulation.
Committee for Milk and Milk Products,
                                                               However, no refund shall be fixed for such products
                                                               exported with destination the German Democratic Repu­
                                                               blic.
HAS ADOPTED THIS REGULATION :
                                                               2. No rates of refund are fixed for any of the products
                                                               referred to in the preceding paragraph which are not
                         Article 1                             listed in the Annex to this Regulation.
1 . The rates of    the refunds applicable to the basic                                Article 2
products appearing   in Annex A to Regulation (EEC) No
3035/80 and listed   in Article 1 of Regulation (EEC) No       This Regulation shall enter into force on 1 September
804/68, exported in  the form of goods listed in the Annex     1990.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 31 August 1990.
                                                                        For the Commission
                                                                        Martin BANGEMANN
                                                                            Vice-President
 ---pagebreak--- No L 237/88                           Official Journal of the European Communities                           1 . 9. 90
                                                            ANNEX
            to the Commission Regulation of 31 August 1990 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                                                                         Rate of
                                                             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                                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) On exportation of goods of CN codes 0403 10 59,
                                       0403 90 79,   1806 20 90,  1806 90 90, 1901 90 90   and
                                       2106 90 99 containing 40 % or more by weight of milk fat    55,45
                                   b) On exportation of other goods                               115,00
            ex -0405 00 10          Butter, with a fat content by weight of 82 % (PG 6) :
                                   a) On exportation of goods containing reduced-price butter
                                       and manufactured under the conditions laid down in
                                       Commission Regulations (EEC) No 442/84, (EEC) No
                                       2409/86 0, (EEC) No 570/88, (EEC) No 262/79 (2) and
                                       (EEC) No 1932/81 (3)
                                   b) On exportation of goods of CN code 2106 90 99 contai­
                                       ning 40 % or more by weight of milk fat                    181,00
                                    c) On exportation of other goods                              175,00
            (') OJ No L 208, 31 . 7. 1986, p. 29.
            (2) OJ No L 41 , 16. 2. 1979, p. 1 .
             } OJ No L 191 , 14. 7. 1981 , p. 6.