31992R3930

31 . 12. 92 Official Journal of the European Communities No L 398 / 1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EEC) No 3930/92 of 30 December 1992 fixing die 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, (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 ; Having regard to the Treaty establishing the European Economic Community, (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 ; Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market (c) the need to ensure equality of competition for the in milk and milk products ('), as last amended by Regula­ industries which use Community products and those tion (EEC) No 2071 /92 (2), and in particular Article 17 (4) which use third-country products under inward­ thereof, processing arrangements ;

Whereas Article 17 (1 ) of Regulation (EEC) No 804/68 provides that the difference between prices in interna­ whereas Article 4 (3) of Regulation (EEC) No 3035/80 tional trade for the products listed in Article 1 (a), (b), (c) provides that, when the rate of the refund is being fixed, and (e) of that Regulation and prices within the Commu­ account should be taken, where necessary, of production nity may be covered by an export refund ; whereas refunds, aids or other measures having equivalent effect Council Regulation (EEC) No 3035/80 of 11 November applicable in all Member States in accordance with the 1980 laying down general rules for granting export Regulation on the common organization of the njarket in refunds on certain agricultural products exported in the the product in question to the basic products listed in form of goods not covered by Annex II to the Treaty, and Annex A to that Regulation or to assimilated products ; 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 be applied where these products are exported in the form of goods listed in the Annex to Regulation (EEC) No Whereas Article 11 ( 1 ) of Regulation (EEC) No 804/68 804/ 68 ; 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 out in Article 1 of Council Regulation (EEC) No 987/68 Whereas, in accordance with the first subparagraph of of 15 July 1968 laying down general rules for granting aid Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of for skimmed milk processed into casein or caseinates Q, the refund per 100 kilograms for each of the basic as last amended by Regulation (EEC) No 1435/90 (6); products in question must be fixed for each month ;

Whereas, in accordance with paragraph 2 of that Article, Whereas Commission Regulation (EEC) No 570/88 of 16 that rate must be determined with particular reference to : February 1988 on the sale of butter at reduced prices and the granting of aid for butter and concentrated butter for (■) OJ No L 148, 28 . 6. 1968 , p. 13 . 0 OJ No L 215, 30. 7. 1992, p. 64. (J) OJ No L 323, 29. 11 . 1980, p. 27. O OJ No L 169, 18. 7. 1968, p. 6. (4) OJ No L 327, 27. 11 . 1990, p. 4. (6) OJ No L 138 , 31 . 5. 1990, p. 8 .

No L 398/2 31 . 12. 92 Official Journal of the European Communities

use in the manufacture of pastry products, ice-cream and 3035/80 and listed in Article 1 of Regulation (EEC) No other foodstuffs ('), as last amended by Regulation (EEC) 804/68, exported in the form of goods listed in the Annex No 1 24/92 (2), lay down that butter and cream at reduced to Regulation (EEC) No 804/68, are hereby fixed as prices should be made available to industries which shown in the Annex to this Regulation. manufacture certain goods ; 2. No rates of refund are fixed for any of the products Whereas Council Regulation (EEC) No 1432/92 (3), as referred to in the preceding paragraph which are not amended by Regulation (EEC) No 2015/92 (4), prohibits listed in the Annex to this Regulation. 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 Article 2 enumeration laid down in Articles 2 and 3 ; whereas this should be taken into account when refunds are fixed ; Where Article 8 (2) of Regulation (EEC) No 3035/80 is applied to exports of one of the . goods referred to in Whereas the Management Committee for Milk and Milk Article 4 (1 ), (2) or (3) of Regulation (EEC) No 570/88, the Products has not delivered an opinion within the time rate of the refund on milk products shall be that appli­ limit set by its chairman, cable to te use of reduced price butter, unless the exporter provides proof that the product does not contain redu­ HAS ADOPTED THIS REGULATION : ced-price butter.

Article 1 Article 3 1 . The rates of the refunds applicable to the basic products appearing in Annex A to Regulation (EEC) No This Regulation shall enter into force on 1 Januajy 1993.

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

Done at Brussels, 30 December 1992.

For the Commission Martin BANGEMANN Vice-President

(') OJ No L 55, 1 . 3 . 1988, p. 31 . (2) OJ No L 14, 21 . 1 . 1992, p. 28 . (J) OJ No L 151 , 3. 6. 1992, p. 4. 0 OJ No L 205, 22. 7. 1992, p. 2.

31 . 12 . 92 Official Journal of the European Communities No L 398 /3

ANNEX

to ' the Commission Regulation of 30 December 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 56,34 b) On exportation of other goods 1 1 5,00 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.