CELEX: 31988R1189
Language: en
Date: 1988-04-30 00:00:00
Title: Commission Regulation (EEC) No 1189/88 of 29 April 1988 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 111 /76                                Official Journal of the European Communities                                30 . 4. 88
                                       COMMISSION REGULATION (EEC) No 1189/88
                                                           of 29 April 1988
                   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 1109/88 (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
Whereas Article 17 (1 ) of Regulation (EEC) No 804/68                  casein manufactured from it fulfil certain conditions set
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 the Act of Accession (*) ;
Council Regulation (EEC) No 3035/80 of 1 1 November
1980 laying down general rules for granting export
refunds on certain agricultural products exported in the
form of goods not covered by Annex II to the Treaty, and               Whereas Commission Regulation (EEC) No 262/79 of 12
criteria for fixing the amount of such refunds (3), as last            February 1979 on the sale of butter at reduced prices for
amended by Regulation (EEC) No 4055/87 (4), specifies                  use in the manufacture of pastry products, ice-cream and
the products for which a rate of refund should be fixed, to            other foodstuffs Q, as last amended by Regulation (EEC)
be applied where these products are exported in the form                No 665/86 (8), Commission Regulation (EEC) No 442/84
of goods listed in the Annex to Regulation (EEC) No                    of 21 February 1984 on the granting of aid for butter
 804/68 ;                                                               from private storage for use in the manufacture of pastry
                                                                        products, ice-cream and other foodstuffs and amending
                                                                        Regulation (EEC) No 1245/83 f), as last amended by
Whereas, in accordance with the first subparagraph of                   Regulation (EEC) No 698/86 (10), and Commission Regu­
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of              lation (EEC) No 1932/81 of 13 July 1981 on the granting
                                                                        of aid for butter and concentrated butter for use in the
 the refund per 100 kilograms for each of the basic
 products in question must be fixed for each month ;                    manufacture of pastry products, ice-cream and other food­
                                                                        stuffs (u), as last amended by Regulation (EEC) No
                                                                        698/86, lay down that butter at reduced prices should be
                                                                        made available to industries which manufacture certain
Whereas, in accordance with paragraph 2 of that Article,
 that rate must be determined with particular reference to :            goods ;
 (a) the average costs incurred by processing industries in
      obtaining supplies of the basic products in question              Whereas Council Regulation (EEC) No 2658/87 of 23
      on the Community market and the prices ruling on                  July 1987 on the tariff and statistical nomenclature and
      the world markets ;                                               on the Common Customs Tariff (12), as last amended by
                                                                        Regulation (EEC) No 1058/88 (13), has established, as from
 (b) the level of the refunds on exports of processed agri­              1 January 1988, a new combined nomenclature, which
      cultural products covered by Annex II to the Treaty               will meet the requirements both of the Common
      which are manufactured under similar conditions ;
                                                                        Customs Tariff and the external trade statistics of the
 (c) the need to ensure equality of competition for the
       industries which use Community products and those                0 OJ No L 169, 18. 7. 1968, p. 6.
      which use third-country products under inward­                    («) OJ No L 73, 27. 3. 1972, p. 14.
       processing arrangements ;                                        f) OJ No L 41 , 16. 2: 1979, p. 1 .
                                                                        (8) OJ No L 66, 8 . 3. 1986, p. 38.
                                                                        0 OJ No L 52, 23. 2. 1984, p. 12.
 (')  OJ  No  L  148, 28 . 6. 1968, p. 13.                              (10) OJ No L 64, 6. 3. 1986, p. 12.
 0    OJ  No  L  110, 29.  4. 1988 .                                     (") OJ No L 191 , 14. 7. 1981 , p. 6.
 (3)  OJ  No  L  323, 29.  11 . 1980, p. 27.                             H OJ No L 256, 7. 9. 1987, p. 1 .
  (4) OJ  No  L  379, 31 . 12. 1987, p. 1 .                              H OJ No L 104, 23. 4. 1988, p. 1 .
 ---pagebreak--- 30. 4. 88                            Official Journal of the European Communities                               No L 111 /77
Community and which will replace the Nomenclature of                3035/80 and listed in Article 1 of Regulation (EEC) No
the Convention of 15 December 1950 ; whereas, therefore,            804/68, exported in the form of goods listed in the Annex
the corresponding tariff headings according to the                  to Regulation (EEC) No 804/68, are hereby fixed as
combined nomenclature have to be indicated ;                        shown in the Annex to this Regulation.
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                    2. No rates of refund are fixed for any of the products
Committee for Milk and Milk Products,'                              referred to in the preceding paragraph which are not
                                                                    listed in the Annex to this Regulation.
HAS ADOPTED THIS REGULATION :
                        Article 1                                                            Article 2
1 . The rates of the refunds applicable to the basic
products appearing in Annex A to Regulation (EEC) No               This Regulation shall enter into force on 1 May 1988.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 29 April 1988.
                                                                             For the Commission
                                                                                 COCKFIELD
                                                                                 Vice-President
                                                          ANNEX
              to the Commission Regulation of 29 April 1988 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                                     80,00
              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)                                               140,00
              ex 0405 00 1 0      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
                                     Regulations (EEC) No 262/79, (EEC) No 442/84, (EEC)
                                     No 1932/81 and (EEC) No 2409/86
                                  b) On exportation of goods of CN code 2106 90 99 contai­
                                     ning 40 % or more by weight of milk fat                         220,00
                                  c) On exportation of other goods                                   208,00