CELEX: 31994R0713
Language: en
Date: 1994-03-30 00:00:00
Title: Commission Regulation (EC) No 713/94 of 29 March 1994 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 85/44                                 Official Journal of the European Communities                                30. 3 . 94
                                        COMMISSION REGULATION (EC) No 713/94
                                                         of 29 March 1994
                   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,                           (c) the need to ensure equality of competition for the
                                                                           industries which use Community products and those
                                                                           which use third-country products under inward­
                                                                           processing arrangements ;
Having regard to the Treaty establishing the European
Community,
Having regard to Council Regulation (EEC) No 804/68 of                Whereas Article 4 (3) of Regulation (EEC) No 3035/80
27 June 1968 on the common organization of the market                 provides that, when the rate of the refund is being fixed,
in milk and milk products ('), as last amended by Regula­             account should be taken, where necessary, of production
tion (EC) No 230/94 (2), and in particular Article 17 (4)             refunds, aids or other measures having equivalent effect
thereof,                                                              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
                                                                      Annex A to that Regulation or to assimilated products ;
Whereas Article 17 (1 ) of Regulation (EEC) No 804/68
provides that the difference between prices in interna­
tional trade for the products listed in Article 1 (a), (b), (c)
and (e) of that Regulation and prices within the Commu­
 nity may be covered by an export refund ; whereas                    Whereas Article 11 (1 ) of Regulation (EEC) No 804/68
 Council Regulation (EEC) No 3035/80 of 11 November                    provides for the payment of aid for Community-produced
 1980 laying down general rules for granting export                    skimmed milk processed into casein if such milk and the
 refunds on certain agricultural products exported in the              casein manufactured from it fulfil certain conditions set
 form of goods not covered by Annex II to the Treaty, and              out in Article 1 of Council Regulation (EEC) No 987/68
criteria for fixing the amount of such refunds (3), as last            of 15 July 1968 laying down general rules for granting aid
amended by Regulation (EEC) No 3381 /90 (% specifies                   for skimmed milk processed into casein or caseinates (*),
the products for which a rate of refund should be fixed, to            as last amended by Regulation (EEC) No 1435/90 (6) ;
 be applied where these products are exported in the form
 of goods listed in the Annex to Regulation (EEC) No
 804/68 ;
                                                                       Whereas Commission Regulation (EEC) No 570/88 of 16
 Whereas, in accordance with the first subparagraph of                 February 1988 on the sale of butter at reduced prices and
 Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of            the granting of aid for butter and concentrated butter for
 the refund per 100 kilograms for each of the basic                    use in the manufacture of pastry products, ice-cream and
 products in question must be fixed for each month ;                   other foodstuffs f), as last amended by Regulation (EC)
                                                                       No 3049/93 (8), lay down that butter and cream at reduced
                                                                       prices should be made available to industries which
                                                                       manufacture certain goods ;
 Whereas, in accordance with paragraph 2 of that Article,
 that rate must be determined with particular reference to :
  (a) the average costs incurred by processing industries in           Whereas Council Regulation (EEC) No 990/93 (9) prohi­
      obtaining supplies of the basic products in question             bits trade between the European Community and the
      on the Community market and the prices ruling on                 Federal Republic of Yugoslavia (Serbia and Montenegro) ;
      the world markets ;                                              whereas this prohibition does not apply in certain situa­
                                                                       tions as comprehensively listed in Articles 2, 4, 5 and 7
  (b) the level of the refunds on exports of processed agri­           thereof ; whereas account should be taken of this fact
      cultural products covered by Annex II to the Treaty              when fixing the refunds ;
      which are manufactured under similar conditions ;
                                                                       0   OJ  No  L 169, 18. 7. 1968, p. 6.
  (') OJ No   L 148, 28.  6. 1968, p. 13.                              (6) OJ  No  L 138, 31 . 5. 1990, p. 8.
  (2) OJ No   L 30, 3. 2.  1994, p. 1 .                                0   OJ  No  L 55, 1 . 3. 1988, p. 31 .
  0   OJ No   L 323, 29.  11 . 1980, p. 27.                            (8) OJ  No  L 273, 5. 11 . 1993, p. 7.
  (4) OJ No   L 327, 27.  11 . 1990, p. 4.                             0   OJ  No  L 102, 28. 4. 1993, p. 14.
 ---pagebreak--- 30 . 3 . 94                         Official Journal of the European Communities                                No L 85/45
Whereas the Management Committee has fixed the same            to Regulation (EEC) No 804/68, are hereby fixed as
rates for refunds applicable during the previous month ;        shown in the Annex to this Regulation .
whereas a publication mistake occurred for that same
month, and that it is therefore necessary to modify the         2. No rates of refund are fixed for any of the products
rate of refund of the point a) of CN code 0402 21 19.           referred to in the preceding paragraph which are not
                                                                listed in the Annex to this Regulation.
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                                             Article 2
Committee for Milk and Milk Products,
                                                                Where Article 8 (2) of Regulation (EEC) No 3035/80 is
                                                                applied to exports of one of the goods referred to in
HAS ADOPTED THIS REGULATION :
                                                                Article 4 (1 ), (2) or (3) of Regulation (EEC) No 570/88, the
                                                                rate of the refund on milk products shall be that appli­
                                                                cable to the use of reduced price butter, unless the
                         Article 1                              exporter provides proof that the product does not contain
                                                                reduced-price butter.
 1 . The rates of the refunds applicable to the basic
products appearing in Annex A to Regulation (EEC) No                                          Article 3
3035/80 and listed in Article 1 of Regulation (EEC) No
804/68 , exported in the form of goods listed in the Annex      This Regulation shall enter into force on 1 April 1994.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 29 March 1994.
                                                                          For the Commission
                                                                          Martin BANGEMANN
                                                                                Vice-President
 ---pagebreak--- No L 85/46                           Official Journal of the European Communities                                         30 . 3. 94
                                                              ANNEX
           to the Commission Regulation of 29 March 1994 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                                          110,00
           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 99 contai­
                                       ning 40 % or more by weight of milk fat                                166,00
                                    c) On exportation of other goods                                          160,00
           (*) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where
               the conditions laid down in Regulation (EEC) No 990/93 are observed.