31990R2888
6. 10. 90 No L 276/21 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 2888/90 of 5 October 1990 altering the export refunds on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES, — the need to avoid disturbances on the Community market, and
Having regard to the Treaty establishing the European — the economic aspect of the proposed exports ; Economic Community,
/ Whereas Article 3(1 ) of Regulation (EEC) No 876/68 Having regard to the Act of Accession of Spain and provides that when prices within the Community are Portugal, being determined account should be taken of the ruling prices which are most favourable for exportation, and that when prices in international trade are being determined Having regard to Council Regulation (EEC) No 804/68 of particular account should be taken of : 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regula (a) prices ruling on third country markets ; tion (EEC) No 3879/89 (2), and in particular Article 17 (5) thereof, (b) the most favourable prices in third countries of destination for third country imports ;
Having regard to the opinion of the Monetary Committee, (c) producer prices recorded in exporting third countries, account being taken, where appropriate, of subsidies granted by those countries ; and Whereas Article 17 of Regulation (EEC) No 804/68 provides that the difference between prices in inter (d) free-at-Community-frontier offer prices ; national trade for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund ; Whereas Article 4 of Regulation (EEC) No 876/68 provides that the world market situation or the specific requirements of certain markets may make it necessary to Whereas Council Regulation (EEC) No 876/68 of 28 June vary the refund on the products listed in Article 1 of 1968 laying down general rules for granting export Regulation (EEC) No 804/68 according to destination ; refunds on milk and milk products and criteria for fixing the amount of such refunds (3), as last amended by Regu lation (EEC) No 1344/86 (4), provides that when the refunds on the products listed in Article 1 of Regulation Whereas Article 5(1 ) of Regulation (EEC) No 876/68 (EEC) No 804/68, exported in the natural state, are being provides that the list of products on which export refunds fixed account must be taken of : are granted and the amount of such refunds should be fixed at least once every four weeks ; whereas the amount of the refund may, however, remain at the same level for — the existing situation and the future trend with regard more than four weeks ; to prices and availabilities of milk and milk products on the Community market and prices for milk and milk products in international trade, Whereas, in accordance with Article 2 of Commission — marketing costs and the most favourable transport Regulation (EEC) No 1098/68 of 27 July 1968 on detailed charges from Community markets to ports or other rules for the application of export refunds on milk and points of export in the Community, as well as costs milk products (*), as last amended by Regulation (EEC) incurred in placing the goods on the market of the No 222/88 (®), the refund granted for milk products country of destination, containing added sugar is equal to the sum of the two components, one of which is intended to take account of — the aims of the common organization of the market the quantity of milk products and the other is intended to in milk and milk products which are to ensure equi take account of the quantity of added sucrose ; whereas, librium and the natural development of prices and however, the latter component is applied only if the trade on this market, added sucrose was produced from sugar beet or cane harvested in the Community ; (') OJ No L 148, 28. 6. 1968, p. 13. (2) OJ No L 378, 27. 12. 1989, p. 1 . 0 OJ No L 155, 3. 7. 1968 , p. 1 . O OJ No L 184, 29. 7. 1968, p. 10. 0 OJ No L 119, 8. 5. 1986, p. 36. (*) OJ No L 28, 1 . 2. 1988, p. 1 .
No L 276/22 Official Journal of the European Communities 6. 10 . 90
Whereas, for products falling within CN codes ex additional provisions concerning the granting of refunds 0402 99 11 , ex 0402 99 19, ex 0404 90 51 , ex 0404 90 53, on the change from one milk year to another ; whereas ex 0404 90 91 and ex 0404 90 93, with a fat content by those provisions provide for the possibility of varying weight not exceeding 9,5 % and a non-fatty milk content refunds according to the date of manufacture of the in the dry matter equal to or greater than 15 % by weight, products ; the former abovementioned component is fixed for 100 Whereas for the calculation of the refund for processed kilograms of the whole product ; whereas, for the other cheese provision must be made where casein or caseinates products containing added sugar falling within codes are added for that quantity not to be taken into account ; 0402 and 0404, that component is calculated by multi plying the basic amount by the milk products content of Whereas Commission Regulation (EEC) No 2870/90 (^ provides for an increase, with effect from 5 October 1990, the product concerned ; whereas that basic amount is equal to the refund to be fixed for one kilogram of milk of the aid granted for skimmed-milk powder as laid down products contained in the whole product ; in Commission Regulation (EEC) No 1634/85 Q ; whereas the refunds for products falling within CN code Whereas the second component is calculated by multi 2309 should therefore be adjusted from the above date ; plying the sucrose content of the product by the basic Whereas it follows from applying the rules set out above amount of the refund valid on the day of exportation for to the present situation on the market in milk and in the products listed in Article 1 (1 ) (d) of Council Regula particular to quotations or prices for milk products within tion (EEC) No 1785/81 of 30 June 1981 on the common the Community and on the world market that the refund organization of the markets in the sugar sector ('), as last should be as set out in the Annex to this Regulation ; amended by Regulation (EEC) No 1069/89 Q ; Whereas, pursuant to Article 275 of the Act of Accession, Whereas, if the refund system is to operate normally, refunds may be granted in the case of exports to Portugal ; refunds should be calculated on the following basis : whereas, in the light of the situation and the level of — in the case of currencies which are maintained in rela prices no refund should be fixed in the case of exports to Portugal, tion to each other at any given moment within a band of 2,25 %, a rate of exchange based on their central HAS ADOPTED THIS REGULATION : rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Council Regula Article 1 tion (EEC) No 1676/85 (3), as last amended by Regula tion (EEC) No 2205/90 (4)> 1 . The export refunds referred to in Article 17 of Regu lation (EEC) No 804/68 on products exported in the — for the other currencies, an exchange rate based on an natural state, as fixed in the Annex to amended Regula average of the ecu rates published in the Official tion (EEC) No 2395/90 are hereby altered, in respect of Journal of the European Communities, C series, over the products set out in the Annex hereto, to the amounts a period to be determined, multiplied by the coeffi set out therein . cient referred to in the preceding indent ; 2. There shall be no refunds for exports to Zone E for Whereas the level of refund for cheeses is calculated for products falling within CN codes 0401 , 0402, 0403, 0404, products intended for direct consumption ; whereas the 0405 and 2309 . cheese rinds and cheese wastes are not products intended 3. There shall be no refunds for exports to Portugal, for this purpose ; whereas, to avoid any confusion in inter including the Azores and Madeira,- for milk and milk pretation, it should be specified that there will be no products listed in Article 1 of Regulation (EEC) No refund for cheeses of a free-at-frontier value less than 804/68 . ECU 140 per 100 kilograms ; Article 2 Whereas Commission Regulation (EEC) No 896/84 (*), as last amended by Regulation (EEC) No 222/88, laid down This Regulation shall enter into force on 6 October 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 October 1990. For the Commission Ray MAC SHARRY Member of the Commission
(') OJ No L 177, 1 . 7. 1981 , p. 4. 0 OJ No L 114, 27. 4. 1989, p. 1 . 0 OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 201 , 31 . 7. 1990, p. 9. O OJ NO L 275, 5. 10. 1990, p. 19 . OJ No L 91 , 1 . 4. 1984, p. 71 . O OJ No L 158, 18. 6. 1985, p. 7.
6. 10 . 90 Official Journal of the European Communities No L 276/23
ANNEX
to the Commission Regulation of 5 October 1990 altering the export refunds on milk and milk products
(in ECU/100 kg net weight unless otherwise indicated)
Product code Destination (") Amount of refund
2309 10 15 010 2309 10 15 100 — \ 2309 10 15 200 — l 2309 10 15 300 — \ 2309 10 15 400 — \ 2309 10 15 500 — 2309 10 15 700 — 2309 10 15 900 — 2309 10 19 010 — l 2309 10 19 100 — \ 2309 10 19 200 — \ 2309 10 19 300 — \ 2309 10 19 400 _ — Il 2309 10 19 500 — 2309 10 19 600 — \ 2309 10 19 700 — \ 2309 10 19 800 — \ 2309 10 19 900 — \ 2309 10 70 010 — 2309 10 70 100 l 21,00 2309 10 70 200 28,00 \ 2309 10 70 300 \ 35,00 2309 10 70 500 42,00 2309 10 70 600 49,00 2309 10 70 700 56,00 2309 10 70 800 61,60 2309 10 70 900 _ Il 2309 90 35 010 " — Il 2309 90 35 100 — Il 2309 90 35 200 _ \ 2309 90 35 300 — 2309 90 35 400 — II 2309 90 35 500 — 2309 90 35 700 — 2309 90 35 900 — Il 2309 90 39 010 — 2309 90 39 100 — 2309 90 39 200 _ 2309 90 39 300 — II 2309 90 39 400 — 2309 90 39 500 — || 2309 90 39 600 — Il 2309 90 39 700 — \\ 2309 90 39 800 — \\ 2309 90 39 900 — li 2309 90 70 010 — 2309 90 70 100 21,00 2309 90 70 200 28,00 \\ 2309 90 70 300 \ 35,00
No L 276/24 Official Journal of the European Communities 6. 10 . 90
(in ECU/100 kg net weight unless otherwise indicated)
Product code Destination Q Amount of refund
2309 90 70 500 42,00 2309 90 70 600 49,00 2309 90 70 700 56,00 I 2309 90 70 800 61,60 \ 2309 90 70 900 —
(*) The code numbers for the destinations are those set out in the Annex to Commission Regulation (EEC) No 420/90 (OJ No L 44, 20. 2. 1990, p. 15). For destinations other than those indicated for each 'product code', the amount of the refund applying is indi cated by ~. Where no destination is indicated, the amount of the refund is applicable for exports to any destination other than those referred to in Article 1 (2) and (3).
NB : The product codes and the footnotes are defined in amended Commission Regulation (EEC) No 3846/87 (OJ No L 366, 24. 12. 1987, p. 1 ).