31992R3453

No L 350 /36 1 . 12. 92 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3453/92 of 30 November 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, 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, account should be taken, where necessary, of production Having regard to Council Regulation (EEC) No 804/68 of refunds, aids or other measures having equivalent effect 27 June 1968 on the common organization of the market 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 2071 /92 (2), and in particular Article 17 (4) the product in question to the basic products listed in thereof, 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 skimmed milk processed into casein if such milk and the and (e) of that Regulation and prices within the Commu­ casein manufactured from it fulfil certain conditions set nity may be covered by an export refund ; whereas 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 last amended by Regulation (EEC) No 1435/90 (*); criteria for fixing the amount of such refunds (3), as last amended by Regulation (EEC) No 3381 /90 (4), specifies the products for which a rate of refund should be fixed, to Whereas Commission Regulation (EEC) No 570/88 of 16 be applied where these products are exported in the form February 1988 on the sale of butter at reduced prices and of goods listed in the Annex to Regulation (EEC) No the granting of aid for butter and concentrated butter for 804/68 ; use in the manufacture of pastry products, ice-cream and other foodstuffs f), as last amended by Regulation (EEC) No 1 24/92 (8), lay down that butter and cream at reduced Whereas, in accordance with the first subparagraph of prices should be made available to industries which Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of manufacture certain goods ; the refund per 100 kilograms for each of the basic products in question must be fixed for each month ;

Whereas Council Regulation (EEC) No 1432/92 (*), as Whereas, in accordance with paragraph 2 of that Article, amended by Regulation (EEC) No 2015/92 (10), prohibits that rate must be determined with particular reference to : trade between the Community and the Republics of Serbia and Montenegro ; whereas this prohibition does not apply to certain situations as given in the limitative (a) the average costs incurred by processing industries in enumeration laid down in Articles 2 and 3 ; whereas this obtaining supplies of the basic products in question should be taken into account when refunds are fixed : on the Community market and the prices ruling on the world markets ;

(b) the level of the refunds on exports of processed agri­ Whereas the measures provided for in this Regulation are cultural products covered by Annex II to the Treaty in accordance with the opinion of the Management which are manufactured under similar conditions ; Committee for Milk and Milk Products,

(c) the need to ensure equality of competition for the industries which use Community products and those O 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. 0 OJ No L 55, 1 . 3. 1988, p. 31 . (2) OJ No L 215, 30. 7. 1992, p. 64. (") OJ No L 14, 21 . 1 . 1992, p. 28 . (3) OJ No L 323, 29. 11 . 1980, p. 27. O OJ No L 151 , 3 . 6. 1992, p. 4. (4) OJ No L 327, 27. 11 . 1990, p. 4. (l0) OJ No L 205, 22. 7. 1992, p. 2.

1 . 12. 92 Official Journal of the European Communities No L 350/37

HAS ADOPTED THIS REGULATION : Article 2

Where Article 8 (2) of Regulation (EEC) No 3035/80 is Article 1 applied to exports of one of the goods referred to in Article 4 (1 ), (2) or (3) of Regulation (EEC) No 570/88, the 1 . The rates of the refunds applicable to the basic rate of the refund on milk products shall be that appli­ products appearing in Annex A to Regulation (EEC) No cable to te use of reduced price butter, unless the exporter 3035/80 and listed in Article 1 of Regulation (EEC) No provides proof that the product does not contain redu­ 804/68, exported in the form of goods listed in the Annex ced-price butter. to Regulation (EEC) No 804/68, are hereby fixed as shown in the Annex to this Regulation. Article 3 2. No rates of refund are fixed for any of the products referred to in the preceding paragraph which are not This Regulation shall enter into force on 1 December listed in the Annex to this Regulation. 1992.

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

Done at Brussels, 30 November 1992.

For the Commission Martin BANGEMANN Vice-President

No L 350/38 Official Journal of the European Communities 1 . 12. 92

ANNEX

to the Commission Regulation of 30 November 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)

CN code Description refundQ

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 56,34 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 or cream which have been manufactured in accordance with the conditions provided for in Regulation (EEC) No 570/88 are exported 26,00 b) On exportation of goods of CN code 2106 90 99 contai­ ning 40 % or more by weight of milk fat 177,00

c) On exportation of other goods 171,00

(*) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council Regulation (EEC) No 1432/92.