CELEX: 31992R2211
Language: en
Date: 1992-08-01
Title: Commission Regulation (EEC) No 2211/92 of 31 July 1992 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 218/56                                Official Journal of the European Communities                                 1 . 8 . 92
                                        COMMISSION REGULATION (EEC) No 2211/92
                                                            of 31 July 1992
                     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,                               which use third-country products under inward­
                                                                           processing arrangements ;
 Having regard to the Treaty establishing the European
 Economic Community,                                                  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 Council Regulation (EEC) No 804/68 of               refunds, aids or other measures having equivalent effect
 27 June 1968 on the common organization of the market                applicable in all Member States in accordance with the
 in milk and milk products ('), as last amended by Regula­            Regulation on the common organization of the market in
 tion (EEC) No 816/92 (2), and in particular Article 17 (4)           the product in question to the basic products listed in
 thereof,                                                             Annex A to that Regulation or to assimilated products ;
 Whereas Article 17 (1 ) of Regulation (EEC) No 804/68                 whereas Article 11 (1 ) of Regulation (EEC) No 804/68
 provides that the difference between prices in interna­              provides for the payment of aid for Community-produced
 tional trade for the products listed in Article 1 (a), (b), (c)      skimmed milk processed into casein if such milk and the
 and (e) of that Regulation and prices within the Commu­              casein manufactured from it fulfil certain conditions set
 nity may be covered by an export refund ; whereas                    out in Article 1 of Council Regulation (EEC) No 987/68
 Council Regulation (EEC) No 3035/80 of 11 November                   of 15 July 1968 laying down general rules for granting aid
 1980 laying down general rules for granting export                   for skimmed milk processed into casein or caseinates (*),
 refunds on certain agricultural products exported in the             as last amended by Regulation (EEC) No 1435/90 (*) ;
 form of goods not covered by Annex II to the Treaty, and
 criteria for fixing the amount of such refunds (3), as last
 amended by Regulation (EEC) No 3381 /90 (4), specifies               Whereas Commission Regulation (EEC) No 570/88 of 16
 the products for which a rate of refund should be fixed, to           February 1988 on the sale of butter at reduced prices and
 be applied where these products are exported in the form             the granting of aid for butter and concentrated butter for
 of goods listed in the Annex to Regulation (EEC) No                  use in the manufacture of pastry products, ice-cream and
 804/68 ;                                                             other foodstuffs Q, as last amended by Regulation (EEC)
                                                                      No 1 24/92 ("), lay down that butter and cream at reduced
                                                                      prices should be made available to industries which
 Whereas, in accordance with the first subparagraph of                manufacture certain goods ;
 Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of
 the refund per 100 kilograms for each of the basic
 products in question must be fixed for each month ;                  Whereas Council Regulation (EEC) No 1432/92 (9), as
                                                                      amended by Regulation (EEC) No 2015/92 (10), prohibits
                                                                      trade between the Community and the Republics of
Whereas, in accordance with paragraph 2 of that Article,              Serbia and Montenegro ; whereas this prohibition does
 that rate must be determined with particular reference to :          not apply to certain situations as given in the limitative
                                                                      enumeration laid down in Articles 2 and 3 ; whereas this
                                                                      should be taken into account when refunds are fixed :
(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 ;
(b) the level of the refunds on exports of processed agri­            Whereas the measures provided for in this Regulation are
     cultural products covered by Annex II to the Treaty              in accordance with the opinion of the Management
     which are manufactured under similar conditions ;                Committee for Milk and Milk Products,
(c) the need to ensure equality of competition for the
     industries which use Community products and those
                                                                      O OJ No L 169, 18. 7. 1968, p. 6.
                                                                      (é) OJ No L 138, 31 . 5. 1990, p. 8.
(') OJ  No  L   148,  28. 6. 1968, p. 13.                             f) OJ No L 55, 1 . 3. 1988, p. 31 .
(2) OJ  No  L   146,  28. 5. 1992, p. 83.                             (8) OJ No L 14, 21 . 1 . 1992, p. 28.
(3) OJ  No  L   323,  29. 11 . 1980, p. 27.                           O OJ No L 151 , 3. 6. 1992, p. 4.
(4) OJ  No  L   327,  27. 11 . 1990, p. 4.                            (10) OJ No L 205, 22. 7. 1992, p. 2.
 ---pagebreak--- 1 . 8 . 92                          Official Journal of the European Communities                              No L 218/57
HAS ADOPTED THIS REGULATION :                                                               Article 2
                        Article 1                             Where Article 8 (2) of Regulation (EEC) No 3035/80 is
                                                              applied to exports of one of the goods referred to in
1 . The rates of the refunds applicable to the basic          Article 4 (1 ), (2) or (3) of Regulation (EEC) No 570/88, the
products appearing in Annex A to Regulation (EEC) No          rate of the refund on milk products shall be that appli­
3035/80 and listed in Article 1 of Regulation (EEC) No        cable to te use of reduced price butter, unless the exporter
804/68, exported in the form of goods listed in the Annex     provides proof that the product does not contain redu­
to Regulation (EEC) No 804/68, are hereby fixed as            ced-price butter.
shown in the Annex to this Regulation.
2. No rates of refund are fixed for any of the products                                     Article 3
referred to in the preceding paragraph which are not
listed in the Annex to this Regulation.                       This Regulation shall enter into force on 1 August 1992.
               This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 31 July 1992.
                                                                        For the Commission
                                                                       Jean DONDELINGER
                                                                   Member of the Commission
 ---pagebreak--- No L 218 /58                            Official Journal of the European Communities                                                1 . 8 . 92
                                                                    ANNEX
             to the Commission Regulation of 31 July 1992 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) :
             l                         a) On exportation of goods of CN code 3501
                                       b) On exportation of other goods                                                  65,00
             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                                                                   52,86
                                       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                                                                    15,00
                                       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 for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid
                 supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council
                 Regulation (EEC) No 1432/92.