31994R0209

No L 27/32 Official Journal of the European Communities 1 . 2 . 94

COMMISSION REGULATION (EC) No 209/94 of 31 January 1994 fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex II to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES, which are manufactured under similar conditions ; and

Having regard to the Treaty establishing the European (c) the need to ensure equality of competition for the Community, industries which use Community products and those which use third-country products under inward processing arrangements ;

Having regard to Council Regulation (EEC) No 2771 /75 of 29 October 1975 on the common organization of the Whereas a specific rate of refund should be fixed for eggs market in eggs ('), as last amended by Regulation (EEC) in shell, exported in the form of egg albumin, taking into No 1 574/93 (2), and in particular the first sentence of the account the difference between the prices of such eggs on fifth subparagraph of Article 9 (2) thereof, the Community market and on the world market ;

Whereas Council Regulation (EEC) No 990/93 (*) prohi­ Whereas Article 9 (1 ) of Regulation (EEC) No 2771 /75 bits trade between the European Community and the provides that the difference between prices on the world Federal Republic of Yugoslavia (Serbia and Montenegro) ; market for the products listed in Article 1 ( 1 ) of that whereas this prohibition does not apply in certain situa­ Regulation and prices within the Community may be tions as comprehensively listed in Articles 2, 4, 5 and 7 covered by an export refund ; whereas Council Regulation thereof ; whereas account should be taken of this fact (EEC) No 3035/80 of 11 November 1980 laying down when fixing the refunds ; general rules for granting export refunds on certain agri­ cultural products exported in the form of goods not Whereas the measures provided for in this Regulation are covered by Annex II to the Treaty, and the criteria for in accordance with the opinion of the Management fixing the amount of such refunds (3), as last amended by Committee for Poultrymeat and Eggs, 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 2771 /75 ;

HAS ADOPTED THIS REGULATION : Whereas, in accordance with the second subparagraph of Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of the refund per 100 kilograms for each of the basic Article 1 products in question must be fixed for a period of the same duration as that for which refunds are fixed for the same products exported unprocessed ; 1 . The rates of the refunds applicable to the products appearing in Annex A to Regulation (EEC) No 3035/80 and listed in Article 1 (1 ) of Regulation (EEC) No 2771 /75, exported in the form of goods listed in the Whereas, in accordance with paragraph 2 of that Article, Annex to Regulation (EEC) No 2771 /75, are hereby fixed when that rate is being determined particular account as shown in the Annex hereto. should be taken of :

2. Refunds on exports to the Federal Republic of (a) the average costs incurred by processing industries in Yugoslavia (Serbia and Montenegro) may be granted only obtaining supplies of the basic products in question where the conditions laid down in Regulation (EEC) No on the Community market and the prices ruling on 990/93 are observed. the world market ;

(b) the level of the refunds on exports of processed agri­ cultural products covered by Annex II to the Treaty Article 2

(<) OJ No L 282, 1 . 11 . 1975, p. 49 . This Regulation shall enter into force on 1 February 1994. (2) OJ No L 152, 24. 6. 1993, p. 1 . (3) OJ No L 323, 29. 11 . 1980, p. 27. (4) OJ No L 327, 27. 11 . 1990, p. 4. 0 OJ No L 102, 28 . 4. 1993, p. 14.

1 . 2. 94 Official Journal of the European Communities No L 27/33

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

Done at Brussels, 31 January 1994.

For the Commission Martin BANGEMANN Vice-President

ANNEX

to the Commission Regulation of 31 January 1994 fixing the rates of die refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex II to the Treaty

(ECU / 100 kg) Rate CN Description of code refund

0407 00 Birds' eggs, in shell, fresh, preserved or cooked : — Of poultry : 0407 00 30 Other : a) On exportation of ovalbumin of CN code 3502 10 20,00 b) On exportation of other goods 12,00 0408 Birds' eggs, not in shell and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter : — Egg yolks : 0408 11 — — Dried : ex 0408 1 1 80 — — — Suitable for human consumption : not sweetened 60,00 0408 19 Other : — — — Suitable for human consumption : ex 0408 19 81 — — — — Liquid : not sweetened 26,00 ex 0408 19 89 Frozen : not sweetened 28,00 — Other : 0408 91 Dried : ex 0408 91 80 — — — Suitable for human consumption : not sweetened 58,00 0408 99 Other : ex 0408 99 80 — — — Suitable for human consumption : not sweetened 10,00