No L 321 /28 Official Journal of the European Communities 30 . 11 . 85
COMMISSION REGULATION (EEC) No 3358/85
of 29 November 1985
fixing the rates of the refunds applicable from 1 December 1985 to certain milk
products exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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
provides that, when the rate of the refund is being fixed,
account should be taken, where necessary, of production
refunds, aids or other measures having equivalent effect
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 ;
Having regard to Council Regulation (EEC) No 804/68 of
27 June 1968 on the common organization of the market
in milk and milk products ('), as last amended by Regula
tion (EEC) No 1298/85 (2), and in particular Article 17 (5)
thereof,
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
casein manufactured from it fulfil certain conditions set
out in Article 1 of Council Regulation (EEC) No 987/68
of 15 July 1968 laying down general rules for granting aid
for skimmed milk processed into casein or caseinates (*),
as last amended by the Act of Accession (*) ;
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
Council Regulation (EEC) No 3035/80 of 11 November
1980 laying down general rules for granting export
refunds on certain agricultural products exported in the
form of goods not covered by Annex II to the Treaty, and
criteria for fixing the amount of such refunds (3), as last
amended by Regulation (EEC) No 1982/85 (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
804/68 :
Whereas, in accordance with the first subparagraph of
Article 4 ( 1 ) of Regulation (EEC) No 3035/80 , the rate of
the, refund per 100 kilograms for each of the basic
products in question must be fixed for each month ;
Whereas Commission Regulation (EEC) No 262/79 of 12
February 1979 on the sale of butter at reduced prices for
use in the manufacture of pastry products, ice-cream and
other foodstuffs ("), as last amended by Regulation (EEC)
No 2072/85 (8), Commission Regulation (EEC) No 442/84
of 21 February 1984 on the granting of aid for butter
from private storage for use in the manufacture of pastry
products, ice-cream and other foodstuffs and amending
Regulation (EEC) No 1245/83 (9) and Commission Regu
lation (EEC) No 1932/81 of 13 July 1981 on the granting
of aid for butter and concentrated butter for use in the
manufacture of pastry products, ice-cream and other food
stuffs (10), as last amended by Regulation (EEC) No 453/
85 (u ), lay down that butter 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
obtaining supplies of the basic products in question
on the Community market and the prices ruling on
the world markets ;
(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 ;
(c) the need to ensure equality of competition for the
industries which use Community products and those
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management
Committee for Milk and Milk Products,
0 OJ No L 169, 18 . 7 . 1968 , p . 6.
(«) OJ No L 73, 27. 3 . 1972, p. 14.
0 OJ No L 41 , 16 . 2. 1979, p. 1 .
(8) OJ No L 196, 26 . 7. 1985, p . 22.
0 OJ No L 52, 23 . 2. 1984, p . 12.
H OJ No L 191 , 14. 7. 1981 , p . 6 .
('■) OJ No L 52, 22. 2. 1985, p . 40.
(') OJ No L 148 , 28 . 6 . 1968 , p. 13 .
0 OJ No L 137, 27 . 5 . 1985, p. 5 .
(3) OJ No L 323, 29 . 11 . 1980, p . 27 .
(4) OJ No L 186, 19 . 7 . 1985, p. 8 .
30 . 11 . 85 Official Journal of the European Communities No L 321 /29
HAS ADOPTED THIS REGULATION : 804/68 , are hereby fixed as shown in the Annex to this
Regulation.
2. No rates of refund are fixed for any of the products
referred to in the preceding paragraph which are not
listed in the Annex to this Regulation .
Article 2
This Regulation shall enter into force on 1 December
1985.
Article 1
1 . The rates of the refunds applicable from 1
December 1985 to the basic products appearing in Annex
A to Regulation (EEC) No 3035/80 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
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels, 29 November 1985 .
For the Commission
COCKFIELD
Vice-President
No L 321 /30 Official Journal of the European Communities 30 . 11 . 85
ANNEX
to the Commission Regulation of 29 November 1985 fixing the rates of the refunds
applicable from 1 December 1985 to certain milk products exported in the form of goods
not covered by Annex II to the Treaty
(ECU/100 kg)
CCT
heading
No
Description
Rate of
refund
ex 04.02 A II 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 CCT heading No 35.01
b) On exportation of other goods 85,86
ex 04.02 A II 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) 116,10
ex 04.02 A III Concentrated milk, with a fat content by weight of 7,5 % and
a content by weight in dry matter equal to 25 % (PG 4) 30,65
ex 04.03 Butter, with a fat content by weight of 82 % (PG 6) :
a) On exportation of goods containing reduced-price butter
and manufactured under the conditions laid down in
Regulations (EEC) No 262/79, (EEC) No 442/84 and
(EEC) No 1932/81
b) On exportation of goods of CCT subheadings 21.07 G VII
to IX
c) On exportation of other goods
194,45 (')
181,45
(') Rate applicable only in the cases indicated in Article 7 of Regulation (EEC) No 1760/83 .
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