31993R2123

31 . 7 . 93 Official Journal of the European Communities No L 191 /59

COMMISSION REGULATION (EEC) No 2123/93 of 30 July 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 27 June 1968 on the common organization of the market provides that, when the rate of the refund is being fixed, in milk and milk products ('), as last amended by Regula­ account should be taken, where necessary, of production tion (EEC) No 2071 /92 (2), and in particular Article 17 (4) refunds, aids or other measures having equivalent effect thereof, 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 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 Council Regulation (EEC) No 3035/80 of 11 November provides for the payment of aid for Community-produced 1980 laying down general rules for granting export skimmed milk processed into casein if such milk and the refunds on certain agricultural products exported in the casein manufactured from it fulfil certain conditions set 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 amended by Regulation (EEC) No 3381 /90 (4), specifies for skimmed milk processed into casein or caseinates (5), the products for which a rate of refund should be fixed, to as last amended by Regulation (EEC) No 1435/90 (6) ; 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 181 3/93 (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 :

(a) the average costs incurred by processing industries in Whereas Council Regulation (EEC) No 990/93 (9) prohi­ obtaining supplies of the basic products in question bits trade between the European Economic Community on the Community market and the prices ruling on and the Federal Republic of Yugoslavia (Serbia and the world markets ; Montenegro) ; whereas this prohibition does not apply in certain situations as comprehensively listed in Articles 2, (b) the level of the refunds on exports of processed agri­ 4, 5 and 7 thereof ; whereas account should be taken of cultural products covered by Annex II to the Treaty this fact when fixing the refunds ; which are manufactured under similar conditions :

f) OJ No L 169 , 18 . 7. 1968, p. 6. (') OJ No L 148 , 28 . 6. 1968, p. 13 . (6) OJ No L 138 , 31 . 5. 1990, p. 8 . (2) OJ No L 215, 30 . 7. 1992, p. 64. O OJ No L 55, 1 . 3 . 1988, p. 31 . 0 OJ No L 323 , 29 . 11 . 1980, p . 27. (8) OJ No L 166, 8 . 7. 1993, p. 16. (4) OJ No L 327, 27. 11 . 1990, p . 4. O OJ No L 102, 28 . 4. 1993, p. 14.

No L 191 /60 Official Journal of the European Communities 31 . 7 . 93

Whereas the measures provided for in this Regulation are 2. No rates of refund are fixed for any of the products in accordance with the opinion of the Management referred to in the preceding paragraph which are not Committee for Milk and Milk Products, 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 August 1993 .

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

Done at Brussels, 30 July 1993 .

For the Commission Martin BANGEMANN Member of the Commission

31 . 7 . 93 Official Journal of the European Communities No L 191 / 61

ANNEX

to the Commission Regulation of 30 July 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 52,64 b) On exportation of other goods 1 1 0,00 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 26,00 b) On exportation of goods of CN code 2106 90 99 contai­ ning 40 % or more by weight of milk fat 166,00 c) On exportation of other goods 160,00

(*) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where the conditions laid down in Regulation (EEC) No 990/93 are observed .