31990R2237

1 . 8 . 90 Official Journal of the European Communities No L 203/ 19

COMMISSION REGULATION (EEC) No 2237/90 of 31 July 1990 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 3879/89 (2), and in particular Article 17 (5) Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68 thereof, 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 out in Article 1 of Council Regulation (EEC) No 987/68 provides that the difference between prices in interna­ of 15 July 1968 laying down general rules for granting aid tional trade for the products listed in Article 1 (a), (b), (c) for skimmed milk processed into casein or caseinates (*), and (e) of that Regulation and prices within the Commu­ as last amended by Regulation (EEC) No 1435/90 (6); nity may be covered by an export refund ; whereas Council Regulation (EEC) No 3035/80 of 11 November 1980 laying down general rules for granting export refunds on certain agricultural products exported in the Whereas Commission Regulation (EEC) No 442/84 of 21 form of goods not covered by Annex II to the Treaty, and February 1984 on the granting of aid for butter from criteria for fixing the amount of such refunds (?), as last private storage for use in the manufacture of pastry amended by Regulation (EEC) No 3209/88 (4), specifies products, ice-cream and other foodstuffs and amending the products for which a rate of refund should be fixed, to Regulation (EEC) No 1245/83 Q, as last amended by be applied where these products are exported in the form Regulation (EEC) No 698/86 (8), and Commission Regula­ of goods listed in the Annex to Regulation (EEC) No tion (EEC) No 570/88 of 16 February 1988 on the sale of 804/ 68 ; butter at reduced prices and the granting of aid for butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs ('), as last Whereas, in accordance with the first subparagraph of amended by Regulation (EEC) No 1048/89 (10), lay down Article 4.(1 ) of Regulation (EEC) No 3035/80, the rate of that butter at reduced prices should be made available to the refund per 100 kilograms for each of the basic industries which manufacture certain goods ; products in question must be fixed for each month ;

Whereas the application of the second indent of Article 1 Whereas, in accordance with paragraph 2 of that Article, (2) (d) of Regulation (EEC) No 3035/80 leads to the gran­ that rate must be determined with particular reference to : ting, for certain milk products in power form, of refunds the level of which is not in conformity with the aims set (a) the average costs incurred by processing industries in out in Article 4 (2) of that Regulation ; whereas therefore a obtaining supplies of the basic products in question specific rate must be fixed for these products, so thar the on the Community market and the prices ruling on resulting refund is equivalent to that applicable to similar the world markets ; products used in liquid form ; (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 ; Whereas, in view of the present circumstances in the German Democratic Republic and their effects on the (c) the need to ensure equality of competition for the market situation, no refund should be fixed for products industries which use Community products and those to be exported to that destination ; which use third-country products under inward­ processing arrangements ; 0 OJ No L 169, 18 . 7. 1968, p. 6. («) OJ No L 138, 31 . 5. 1990, p. 8 . (') OJ No L 148, 28 . 6. 1968, p. 13. f) OJ No L 52, 23. 2. 1984, p. 12. I1) OJ No L 378, 27. 12. 1989, p. 1 . (8) OJ No L 64, 6. 3 . 1986, p. 12. O OJ No L 323, 29 . 11 . 1980, p. 27. 0 OJ No L 55, 1 . 3 . 1988, p. 31 . (4) OJ No L 286, 20 . 10 . 1988, p. 6. (,0) OJ No L 111 , 22. 4. 1989, p. 24.

No L 203 /20 Official Journal of the European Communities 1 . 8 . 90

Whereas the measures provided for in this Regulation are 804/68, exported in the form of goods listed in the Annex in accordance with the opinion of the Management to Regulation (EEC) No 804/68, are hereby fixed as Committee for Milk and Milk Products, shown in the Annex to this Regulation. However, no refund shall be fixed for such products exported with destination the German Democratic Repu­ blic. HAS ADOPTED THIS REGULATION : 2. No rates of refund are fixed for any of the products referred to in the preceding paragraph which are not Article 1 listed in the Annex to this Regulation.

1 . The rates of the refunds applicable to the basic Article 2 products appearing in Annex A to Regulation (EEC) No 3035/80 and listed in Article 1 of Regulation (EEC) No This Regulation shall enter into force on 1 August 1990.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 31 July 1990.

For the Commission Martin BANGEMANN Vice-President

1 . 8 . 90 Official Journal of the European Communities No L 203 /21

ANNEX

to the Commission Regulation of 31 July 1990 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 70,00

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) On exportation of goods of CN codes 0403 1 0 59, 0403 90 79, 1 806 20 90, 1 806 90 90, 1 90 1 90 90 and 2106 90 99 containing 40 % or more by weight of milk fat 55,45 b) On exportation of other goods 115,00 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 Commission Regulations (EEC) No 442/84, (EEC) No 2409/86 ('), (EEC) No 570/88 , (EEC) No 262/79 (2) and (EEC) No 1932/81 (3) b) On exportation of goods of CN code 2106 90 99 contai­ ning 40 % or more by weight of milk fat 181,00

c) On exportation of other goods 175,00

(') OJ No L 208, 31 . 7. 1986, p. 29. 0 OJ No L 41 , 16. 2. 1979, p. 1 . 0 OJ No L 191 , 14.-7. 1981 , p. 6.