31988R3741
No L 328/24 Official Journal of the European Communities 1 . 12. 88
COMMISSION REGULATION (EEC) No 3741/88 of 30 November 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 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, Having regard to Council Regulation (EEC) No 804/68 of account should be taken, where necessary, of production 27 June 1968 on the common organization of the market refunds, aids or other measures having equivalent effect 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 1109/88 (2), and in particular Article 17 (5) thereof, 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 Whereas Article 11 (1 ) of Regulation (EEC) No 804/68 tional trade for the products listed in Article 1 (a), (b), (c) provides for the payment of aid for Community-produced and (e) of that Regulation and prices within the Commu skimmed milk processed into casein if such milk and the nity may be covered by an export refund ; whereas casein manufactured from it fulfil certain conditions set Council Regulation (EEC) No 3035/80 of 11 November out in Article 1 of Council Regulation (EEC) No 987/68 1980 laying down general rules for granting export of 15 July 1968 laying down general rules for granting aid refunds on certain agricultural products exported in the for skimmed milk processed into casein or caseinates (*), form of goods not covered by Annex II to the Treaty, and as amended by the Act of Accession («) ; criteria for fixing the amount of such refunds (3), as last amended by Regulation (EEC) No 4055/87 (4), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form Whereas Commission Regulation (EEC) No 442/84 of 21 of goods listed in the Annex to Regulation (EEC) No February 1984 on the granting of aid for butter from 804/68 ; private Storage for use in the manufacture of pastry products, ice-cream and other foodstuffs and amending Regulation (EEC) No 1245/83 0, as last amended by Regulation (EEC) No 698/86 (8), and Commission Regula whereas, in accordance with the first subparagraph of tion (EEC) No 570/88 of 16 February 1988 on the sale of Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of butter at reduced prices and the granting of aid for butter the refund per 100 kilograms for each of the basic and concentrated butter for use in the manufacture of products in question must be fixed for each month ; pastry products, ice-cream and other foodstuffs (»), as last amended by Regulation (EEC) No 2951 /88 (10), lay down that butter at reduced prices should be made available to Whereas, in accordance with paragraph 2 of that Article, industries which manufacture certain goods ; that rate must be determined with particular reference to :
(a) the average costs incurred by processing industries in Whereas Council Regulation (EEC) No 2658/87 of 23 obtaining supplies of the basic products in question July 1987 on the tariff and statistical nomenclature and on the Community market and the prices ruling on the world markets ; on the Common Customs Tariff (u), as last amended by Regulation (EEC) No 1471 /88 (>2), has established, as from (b) the level of the refunds on exports of processed agri 1 January 1988, a new combined nomenclature, which will meet the requirements both of the Common cultural products covered by Annex II to the Treaty 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 0 OJ No L 169, 18 . 7. 1968, p. 6. industries which use Community products and those 0 OJ No L 73, 27. 3. 1972, p. 14. f) OJ No L 52, 23. 2. 1984, p. 12. («) OJ No L 64, 6. 3. 1986, p. 12. (') OJ No L 148, 28. 6. 1968, p. 13. 0 OJ No L 55, 1 . 3. 1988, p. 31 . (2) OJ No L 110, 29. 4. 1988, p. 27, (,0) OJ No L 266, 27. 9. 1988, p. 28, OJ Mo L 323, 29. 11 . 1980, p. 27. (") OJ No L 256,, 7. 9. 1987, p. 1 . [4) OJ No L 379, 31 . 12. 1987, p. 1 . H OJ No L 134, 31 . 5. 1988, p. 1 .
1 . 12. 88 Official Journal of the European Communities No L 328/25
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 2 Article 1
1 . The rates of the refunds applicable to the basic This Regulation shall enter into force on 1 December products appearing in Annex A to Regulation (EEC) No 1988 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 30 November 1988 .
For the Commission COCKFIELD Vice-President
ANNEX
to the Commission Regulation of 30 November 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 62,00
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) 112,06 ex 0405 00 10 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 442/84, (EEC) No 2709/86, (EEC) No 570/88, (EEC) No 262/79 and (EEC) No 1932/81 b) On exportation of goods of CN code 2106 90 99 contai ning 40 % or more by weight of milk fat 197,00
. c) On exportation of other goods 185,00