31994R2373

No L 255/42 Official Journal of the European Communities 1 . 10 . 94

COMMISSION REGULATION (EC) No 2373/94 of 30 September 1994 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, for skimmed milk processed into casein or caseinates (*), as last amended by Regulation (EEC) No 1435/90 (6) ;

Having regard to the Treaty establishing the European Whereas Commission Regulation (EEC) No 570/88 of 16 Community, February 1988 on the sale of butter at reduced prices and the granting of aid for butter and concentrated butter for use in the manufacture of pastry products, ice-cream and Having regard to Council Regulation (EEC) No 804/68 of other foodstuffs Q, as last amended by Regulation (EC) 27 June 1968 on the common organization of the market No 3049/93 (8), lay down that butter and cream at reduced in milk and milk products ('), as last amended by Regula­ prices should be made available to industries which tion (EC) No 1880/94 (2), and in particular Article 17 (4) manufacture certain goods ; thereof, Whereas Council Regulation (EEC) No 990/93 (9) prohi­ bits trade between the European Community and the Whereas Article 17 ( 1 ) of Regulation (EEC) No 804/68 Federal Republic of Yugoslavia (Serbia and Montenegro) ; provides that the difference between prices in interna­ whereas this prohibition does not apply in certain situa­ tional trade for the products listed in Article 1 (a), (b), (c), tions as comprehensively listed in Articles 2, 4, 5 and 7 (d), (e), and (g) of that Regulation and prices within the thereof ; whereas account should be taken of this fact Community may be covered by an export refund ; when fixing the refunds ; whereas Commission Regulation (EC) No 1222/94 of 30 May 1994 laying down common implementing rules for Whereas the measures provided for in this Regulation are granting export refunds on certain agricultural products in accordance with the opinion of the Management exported in the form of goods not covered by Annex II to Committee for Milk and Milk Products, the Treaty, and criteria for fixing the amount of such refunds (3), as last amended by Regulation (EC) No 2296/94 (4), specifies the products for which a rate of refund should be fixed, to be applied where these HAS ADOPTED THIS REGULATION : products are exported in the form of goods listed in the Annex to Regulation (EEC) No 804/68 ;

Article 1 Whereas, in accordance with the first subparagraph of Article 4 ( 1 ) of Regulation (EC) No 1222/94, the rate of 1 . The rates of the refunds applicable to the basic the refund per 100 kilograms for each of the basic products appearing in Annex A to Regulation (EC) No products in question must be fixed for each month ; 1222/94 and listed in Article 1 of Regulation (EEC) No 804/68, exported in the form of goods listed in the Annex to Regulation (EEC) No 804/68, are hereby fixed as Whereas Article 4 (3) of Regulation (EC) No 1222/94 shown in the Annex to this Regulation. provides that, when the rate of the refund is being fixed, account should be taken, where necessary, of production 2. No rates of refund are fixed for any of the products refunds, aids or other measures having equivalent effect referred to in the preceding paragraph which are not applicable in all Member States in accordance with the listed in the Annex to this Regulation. Regulation on the common organization of the market in the product in question to the basic products listed in 3. Refunds on exports to the Federal Republic of Annex A to that Regulation or to assimilated products ; Yugoslavia (Serbia and Montenegro) may be granted only when the conditions laid down in Regulation (EEC) No 990/93 are observed. Whereas Article 11 (1 ) of Regulation (EEC) No 804/68 provides for the payment of aid for Community-produced skimmed milk processed into casein if such milk and the Article 2 casein manufactured from it fulfil certain conditions set out in Article 1 of Council Regulation (EEC) No 987/68 This Regulation shall enter into force on 1 October 1994. of 15 July 1968 laying down general rules for granting aid

0 OJ No L 169 , 18 . 7. 1968 , p. 6. (') OJ No L 148 , 28 . 6. 1968, p. 13 . (*) OJ No L 138 , 31 . 5. 1990, p. 8 . (2) OJ No L 197, 30 . 7. 1994, p. 21 . 0 OJ No L 55, 1 . 3 . 1988, p. 31 . (3) OJ No L 136, 31 . 5. 1994, p. 5. (8) OJ No L 273, 5. 11 . 1993, p. 7. 0 OJ No L 249, 24. 9 . 1994, p. 9. 0 OJ No L 102, 28. 4. 1993, p. 14.

1 . 10 . 94 Official Journal of the European Communities No L 255/43

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

Done at Brussels, 30 September 1994.

For the Commission Martin BANGEMANN Member of the Commission

No L 255/44 Official Journal of the European Communities 1 . 10 . 94

ANNEX

to the Commission Regulation of 30 September 1994 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 55,50 b) On exportation of other goods 104,50 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 35,00 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