31991R0780

No L 81 /88 28 . 3 . 91 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 780/91 of 27 March 1991 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 3641 /90 (2), and in particular Article 17 (4) 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 1 5 July 1 968 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 (s), 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 Whereas Commission Regulation (EEC) No 570/88 of 16 refunds on certain agricultural products exported in the February 1988 on the sale of butter at reduced prices and form of goods not covered by Annex II to the Treaty, and the granting of aid for butter and concentrated butter 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 3381 /90 (4), specifies other foodstuffs Q, as last amended by Regulation (EEC) the products for which a rate of refund should be fixed, to No 1048/89 (8), lay down that butter at reduced prices be applied where these products are exported in the form should be made available to industries which manufacture of goods listed in the Annex to Regulation (EEC) No certain goods ; 804/68 ;

Whereas the measures provided for in this Regulation are Whereas, in accordance with the first subparagraph of in accordance with the opinion of the Management Committee for Milk and Milk Products, Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month ;

Whereas, in accordance with paragraph 2 of that Article, that rate must be determined with particular reference to : HAS ADOPTED THIS REGULATION : (a) the average costs incurred by processing industries in obtaining supplies of the basic products in question on the Community market and the prices ruling on the world markets ; Article 1 (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 ; 1 . The rates of the refunds applicable to the basic products appearing in Annex A to Regulation (EEC) No (c) the need to ensure equality of competition for the 3035/80 and listed in Article 1 of Regulation (EEC) No industries which use Community products and those 804/68, exported in the form of goods listed in the Annex which use third-country products under inward­ to Regulation (EEC) No . 804/68, are hereby fixed as processing arrangements ; shown in the Annex to this Regulation .

(') OJ No L 148 , 28 . 6. 1968 , p. 13. 0 OJ No L 169, 18 . 7. 1968, p. 6. (J) OJ No L 362, 27. 12. 1990, p. 5. (6) OJ No L 138 , 31 . 5. 1990, p. 8 . 0 OJ No L 323, 29 . 11 . 1980, p. 27. O OJ No L 55, 1 . 3 . 1988 , p. 31 . (<) OJ No L 327, 27. 11 . 1990, p. 4. 8) OJ No L 111 , 22. 4. 1989 , p. 24.

28 . 3 . 91 Official Journal of the European Communities No L 81 /89

2. No rates of refund are fixed for any of the products Article 4 (1 ), (2) or (3) of Regulation (EEC) No 570/88, the referred to in the preceding paragraph which are not rate of the refund on milk products shall be that appli­ listed in the Annex to this Regulation . cable to te use of reduced price butter, unless the exporter provides proof that the product does not contain redu­ ced-price butter. Article 2 Article 3 Where Article 8 (2) of Regulation (EEC) No 3035/80 is applied to exports of one of the goods referred to in This Regulation shall enter into force on 1 April 1991 .

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

Done at Brussels, 27 March 1991 .

For the Commission Martin BANGEMANN Vice-President

No L 81 /90 Official Journal of the European Communities 28 . 3 . 91

ANNEX

to the Commission Regulation of 27 March 1991 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) Rate of CN code 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) Where goods containing reduced-price butter which have been manufactured in accordance with the conditions provided for in Regulation (EEC) No 570/88 are exported 57,00. b) On exportation of other goods 115,00 ex 0405 00 10 Butter, with a fat content by weight of 82 % (PG 6) : a) Where goods containing reduced-price butter which have been manufactured in accordance with the conditions provided for in Regulation (EEC) No 570/88 are exported 16,40 b) On exportation of goods of CN code 2106 90 99 contai­ ning 40 % or more by weight of milk fat 176,00

c) On exportation of other goods 170,00