31993R0778

No L 79/38 Official Journal of the European Communities 1.-4. 93

COMMISSION REGULATION (EEC) No 778/93 of 31 March 1993 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, (c) the need to ensure equality of competition for the industries which use Community products and those 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 Having regard to Council Regulation (EEC) No 804/68 of provides that, when the rate of the refund is being fixed, 27 June 1968 on the common organization of the market account should be taken, where necessary, of production in milk and milk products ('), as last amended by Regula­ refunds, aids or other measures having equivalent effect tion (EEC) No 2071 /92 (2), and in particular Article 17 (4) applicable in all Member States in accordance with the thereof, Regulation on the common organization of the market in the product in question to the basic products listed in 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 tional trade for the products listed in Article 1 (a), (b), (c) and (e) of that Regulation and prices within the Commu­ nity may be covered by an export refund ; whereas Whereas Article 11 (1 ) of Regulation (EEC) No 804/68 provides for the payment of aid for Community-produced Council Regulation (EEC) No 3035/80 of 11 November skimmed milk processed into casein if such milk and the 1980 laying down general rules for granting export casein manufactured from it fulfil certain conditions set refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and out in Article 1 of Council Regulation (EEC) No 987/68 criteria for fixing the amount of such refunds (3), as last of 15 July 1968 laying down general rules for granting aid for skimmed milk processed into casein or caseinates (% amended by Regulation (EEC) No 3381 /90 (4), specifies as last amended by Regulation (EEC) No 1435/90 f); 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 804/68 ; Whereas Commission Regulation (EEC) No 570/88 of 16 February 1988 on the sale of butter at reduced prices and Whereas, in accordance with the first subparagraph of the granting of aid for butter and concentrated butter for Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of use in the manufacture of pastry products, ice-cream and the refund per 100 kilograms for each of the basic other foodstuffs f), as last amended by Regulation (EEC) products in question must be fixed for each month ; No 3774/92 (8), lay down that butter and cream at reduced prices should be made available to industries which manufacture certain goods ;

Whereas, in accordance with paragraph 2 of that Article, that rate must be determined with particular reference to :

Whereas Council Regulation (EEC) No 1432/92 (®), as last (a) the average costs incurred by processing industries in amended by Regulation (EEC) No 3554/92 (I0), prohibits obtaining supplies of the basic products in question trade between the Community and the Republics of on the Community market and the prices ruling on Serbia and Montenegro ; whereas this prohibition does the world markets ; not apply to certain situations as given in the limitative enumeration laid down in Articles 2 and 3 ; whereas this (b) the level of the refunds on exports of processed agri­ should be taken into account when refunds are fixed ; cultural products covered by Annex II to the Treaty which are manufactured under similar conditions ; 0 OJ No L 169, 18 . 7. 1968, p. 6. (é) 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. (8) OJ No L 383 , 29 . 12. 1992, p. 48 . (3) OJ No L 323, 29 . 11 . 1980 , p. 27. 0 OJ No L 151 , 3 . 6. 1992, p. 4. (4) OJ No L 327, 27. 11 . 1990, p. 4. (,0) OJ No L 358, 8 . 12. 1992, p. 16.

1 . 4 . 93 Official Journal of the European Communities No L 79/39

Whereas the Management Committee for Milk and Milk 2. No rates of refund are fixed for any of the products Products has not delivered an opinion within the time referred to in the preceding paragraph which are not limit set by its chairman, listed in the Annex to this Regulation.

Article2¶

HAS ADOPTED THIS REGULATION : 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 Article 1 rate of the refund on milk products shall be that appli­ cable to the use of reduced price butter, unless the 1 . The rates of the refunds applicable to the basic exporter provides proof that the product does not contain products appearing in Annex A to Regulation (EEC) No reduced-price butter. 3035/80 and listed in Article 1 of Regulation (EEC) No 804/68, exported in the form of goods listed in the Annex Article 3 to Regulation (EEC) No 804/68, are hereby fixed as shown in the Annex to this Regulation. This Regulation shall enter into force on 1 April 1993.

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

Done at Brussels, 31 March 1993 . For the Commission Martin BANGEMANN Member of the Commission

No L 79/40 Official Journal of the European Communities 1 . 4 . 93

ANNEX ■

to the Commission Regulation of 31 March 1993 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 60,00

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 51,69 b) On exportation of other goods 112,00 ex 0405 00 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 23,00 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

(*) 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.