CELEX: 31992R1718
Language: en
Date: 1992-07-01 00:00:00
Title: Commission Regulation (EEC) No 1718/92 of 30 June 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

1 . 7. 92                                  Official Journal of the European Communities                            No L 179/73
                                      COMMISSION REGULATION (EEC) No 1718/92
                                                          of 30 June 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,                          account should be taken, where necessary, of production
                                                                     refunds, aids or other measures having equivalent effect
Having regard to the Treaty establishing the European                applicable in all Member States in accordance with the
Economic Community,                                                  Regulation on the common organization of the market in
                                                                     the product in question to the basic products listed in
                                                                     Annex A to that Regulation or to assimilated products ;
Having regard to Council Regulation (EEC) No 804/68 of
27 June 1968 on the common organization of the market
                                                                     Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68
in milk and milk products (!), as last amended by Regula­
tion (EEC) No 81 6/92 (2), and in particular Article 17 (4)           provides for the payment of aid for Community-produced
thereof,
                                                                     skimmed milk processed into casein if such milk and the
                                                                     casein manufactured from it fulfil certain conditions set
                                                                      out in Article 1 of Council Regulation (EEC) No 987/68
Whereas Article 17 (1 ) of Regulation (EEC) No 804/68                of 15 July 1968 laying down general rules for granting aid
provides that the difference between prices in interna­               for skimmed milk processed into casein or caseinates (*),
tional trade for the products listed in Article 1 (a), (b), (c)       as last amended by Regulation (EEC) No 1435/90 (6) ;
and (e) of that Regulation and prices within the Commu­
nity may be covered by an export refund ; whereas                    Whereas Commission Regulation (EEC) No 570/88 of 16
Council Regulation (EEC) No 3035/80 of 11 November                    February 1988 on the sale of butter at reduced prices and
 1980 laying down general rules for granting export                   the granting of aid for butter and concentrated butter for
refunds on certain agricultural products exported in the              use in the manufacture of pastry products, ice-cream and
form of goods not covered by Annex II to the Treaty, and              other foodstuffs Q, as last amended by Regulation (EEC)
criteria for fixing the amount of such refunds (3), as last           No 124/92 (8), lay down that butter and cream at reduced
amended by Regulation (EEC) No 3381 /90 (4), specifies                prices should be made available to industries which
the products for which a rate of refund should be fixed, to           manufacture certain goods ;
be applied where these products are exported in the form
of goods listed in the Annex to Regulation (EEC) No
 804/68 ;                                                             Whereas by its Regulation (EEC) No 1432/92 (9) the
                                                                      Council prohibited trade between the Community and
                                                                      the Republics of Serbia and of Montenegro ; that it is
Whereas, in accordance with the first subparagraph of                 important to take account of it at the time of the fixing of
Article 4 (1) of Regulation (EEC) No 3035/80, the rate of             the refunds ;
the refund per 100 kilograms for each of the basic
 products in question must be fixed for each month ;                  Whereas the measures provided for in this Regulation are
                                                                      in accordance with the opinion of the Management
Whereas, in accordance with paragraph 2 of that Article,              Committee for Milk and Milk Products,
that rate must be determined with particular reference to :
(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 ;                                              HAS ADOPTED THIS REGULATION :
(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 ;                                            Article 1
(c) the need to ensure equality of competition for the
     industries which use Community products and those                1 . The rates of the refunds applicable to the basic
     which use third-country products under inward­                   products appearing in Annex A to Regulation (EEC) No
     processing arrangements ;                                        3035/80 and listed in Article 1 of Regulation (EEC) No
                                                                      804/68, exported in the form of goods listed in the Annex
                                                                      to Regulation (EEC) No 804/68 , are hereby fixed as
Whereas Article 4 (3) of Regulation (EEC) No 3035/80                  shown in the Annex to this Regulation.
provides that, when the rate of the refund is being fixed,
                                                                      O   OJ No  L  169, 18. 7. 1968, p. 6.
(') OJ  No  L  148, 28 . 6. 1968, p. 13.                              («) OJ No  L  138, 31 . 5. 1990, p. 8.
(2) OJ  No  L  146, 28.  5. 1992, p. 83.                              o   OJ No  L  55, 1 . 3. 1988, p. 31 .
0   OJ  No  L  323, 29.  11 . 1980, p. 27.                            (») OJ No  L  14, 21 . 1 . 1992, p. 28.
(4) OJ  No  L  327, 27.  11 . 1990, p. 4.                             (') OJ No  L  151 , 3. 6. 1992, p. 4.
 ---pagebreak--- No L 179/74                               Official Journal of the European Communities                                       1 . 7. 92
2. No rates of refund are fixed for any of the products                  rate of the refund on milk products shall be that appli­
referred to in the preceding paragraph which are not                     cable to te use of reduced price butter, unless the exporter
listed in the Annex to this Regulation.                                  provides proof that the product does not contain redu­
                                                                         ced-price butter.
3.    Export refunds towards the Republics of Montenegro
and Serbia are not fixed.
                             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
Article 4 (1 ), (2) or (3) of Regulation (EEC) No 570/88, the            This Regulation shall enter into force on 1 July 1992.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 30 June 1992.
                                                                                   For the Commission
                                                                                   Martin BANGEMANN
                                                                                       Vice-President
                                                                 ANNEX
                    to the Commission Regulation of 30 June 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) :
                                        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