31992R1718

1 . 7. 92 Official Journal of the European Communities No L 179/73

COMMISSION REGULATION (EEC) No 1718/92 of 30 June 1992 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, account should be taken, where necessary, of production refunds, aids or other measures having equivalent effect applicable in all Member States in accordance with the Having regard to the Treaty establishing the European Regulation on the common organization of the market in Economic Community, the product in question to the basic products listed in Annex A to that Regulation or to assimilated products ; Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68 in milk and milk products (!), as last amended by Regula­ provides for the payment of aid for Community-produced tion (EEC) No 81 6/92 (2), and in particular Article 17 (4) skimmed milk processed into casein if such milk and the thereof, casein manufactured from it fulfil certain conditions set out in Article 1 of Council Regulation (EEC) No 987/68 Whereas Article 17 (1 ) of Regulation (EEC) No 804/68 of 15 July 1968 laying down general rules for granting aid provides that the difference between prices in interna­ for skimmed milk processed into casein or caseinates (*), tional trade for the products listed in Article 1 (a), (b), (c) as last amended by Regulation (EEC) No 1435/90 (6) ; and (e) of that Regulation and prices within the Commu­ nity may be covered by an export refund ; whereas Whereas Commission Regulation (EEC) No 570/88 of 16 Council Regulation (EEC) No 3035/80 of 11 November February 1988 on the sale of butter at reduced prices and 1980 laying down general rules for granting export the granting of aid for butter and concentrated butter for refunds on certain agricultural products exported in the use in the manufacture of pastry products, ice-cream and form of goods not covered by Annex II to the Treaty, and other foodstuffs Q, as last amended by Regulation (EEC) criteria for fixing the amount of such refunds (3), as last No 124/92 (8), lay down that butter and cream at reduced amended by Regulation (EEC) No 3381 /90 (4), specifies prices should be made available to industries which the products for which a rate of refund should be fixed, to manufacture certain goods ; be applied where these products are exported in the form of goods listed in the Annex to Regulation (EEC) No Whereas by its Regulation (EEC) No 1432/92 (9) the 804/68 ; Council prohibited trade between the Community and the Republics of Serbia and of Montenegro ; that it is Whereas, in accordance with the first subparagraph of important to take account of it at the time of the fixing of Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of the refunds ; the refund per 100 kilograms for each of the basic products in question must be fixed for each month ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Whereas, in accordance with paragraph 2 of that Article, Committee for Milk and Milk Products, 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 on the Community market and the prices ruling on HAS ADOPTED THIS REGULATION : the world markets ; (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 ; Article 1

(c) the need to ensure equality of competition for the 1 . The rates of the refunds applicable to the basic industries which use Community products and those products appearing in Annex A to Regulation (EEC) No which use third-country products under inward­ 3035/80 and listed in Article 1 of Regulation (EEC) No processing arrangements ; 804/68, exported in the form of goods listed in the Annex to Regulation (EEC) No 804/68 , are hereby fixed as Whereas Article 4 (3) of Regulation (EEC) No 3035/80 shown in the Annex to this Regulation. provides that, when the rate of the refund is being fixed,

O OJ No L 169, 18. 7. 1968, p. 6. (') OJ No L 148 , 28 . 6. 1968, p. 13. («) OJ No L 138 , 31 . 5. 1990, p. 8 . (2) OJ No L 146, 28 . 5. 1992, p. 83 . o OJ No L 55, 1 . 3. 1988 , p. 31 . 0 OJ No L 323, 29 . 11 . 1980, p. 27. (») OJ No L 14, 21 . 1 . 1992, p. 28 . (4) OJ No L 327, 27. 11 . 1990, p. 4. (') OJ No L 151 , 3. 6. 1992, p. 4.

No L 179/74 1 . 7. 92 Official Journal of the European Communities

2. No rates of refund are fixed for any of the products rate of the refund on milk products shall be that appli­ referred to in the preceding paragraph which are not cable to te use of reduced price butter, unless the exporter listed in the Annex to this Regulation. provides proof that the product does not contain redu­ ced-price butter. 3. Export refunds towards the Republics of Montenegro and Serbia are not fixed.

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 Article 4 (1 ), (2) or (3) of Regulation (EEC) No 570/88, the This Regulation shall enter into force on 1 July 1992.

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

Done at Brussels, 30 June 1992.

For the Commission

Martin BANGEMANN Vice-President

ANNEX

to the Commission Regulation of 30 June 1992 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 65,00

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 or cream which have been manufactured in accordance with the conditions provided for in Regulation (EEC) No 570/88 are exported 52,86 b) On exportation of other goods 112,00 ex 0405 00 10 Butter, with a fat content by weight of 82 % (PG 6) : a) Where goods containing reduced-price butter or cream which have been manufactured in accordance with the conditions provided for in Regulation (EEC) No 570/88 are exported 15,00 b) On exportation of goods of CN code 2106 90 99 contai­ ning 40 % or more by weight of milk fat 174,00

c) On exportation of other goods 168,00