31988R1189

No L 111 /76 30 . 4. 88 Official Journal of the European Communities

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 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 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 Whereas Commission Regulation (EEC) No 262/79 of 12 form of goods not covered by Annex II to the Treaty, and February 1979 on the sale of butter at reduced prices for criteria for fixing the amount of such refunds (3), as last use in the manufacture of pastry products, ice-cream and amended by Regulation (EEC) No 4055/87 (4), specifies other foodstuffs Q, as last amended by Regulation (EEC) the products for which a rate of refund should be fixed, to No 665/86 (8), Commission Regulation (EEC) No 442/84 be applied where these products are exported in the form of 21 February 1984 on the granting of aid for butter of goods listed in the Annex to Regulation (EEC) No from private storage for use in the manufacture of pastry 804/68 ; products, ice-cream and other foodstuffs and amending Regulation (EEC) No 1245/83 f), as last amended by Regulation (EEC) No 698/86 (10), and Commission Regu­ Whereas, in accordance with the first subparagraph of lation (EEC) No 1932/81 of 13 July 1981 on the granting Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of of aid for butter and concentrated butter for use in the the refund per 100 kilograms for each of the basic manufacture of pastry products, ice-cream and other food­ products in question must be fixed for each month ; 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, goods ; 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 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. f) OJ No L 41 , 16. 2: 1979, p. 1 . processing arrangements ; (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. (") OJ No L 191 , 14. 7. 1981 , p. 6. 0 OJ No L 110, 29. 4. 1988 . (3) OJ No L 323, 29 . 11 . 1980, p. 27. H OJ No L 256, 7. 9 . 1987, p. 1 . H OJ No L 104, 23 . 4. 1988 , p. 1 . (4) OJ No L 379, 31 . 12. 1987, p. 1 .

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 :

Article1¶

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