EN Official Journal of the European Communities 1.9.2000 L 221/21
COMMISSION REGULATION (EC) No 1864/2000
of 31 August 2000
fixing the rates of refunds applicable to certain products from the sugar sector exported in the
form of goods not covered by Annex I to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EC) No 2038/1999 of 13
September 1999 on the common organisation of the market insugar (
1), as amended by Commission Regulation (EC) No
1527/2000 (2), and in particular Article 18(5)(a) and (15),
Whereas:
(1)Article 18(1) and (2) of Regulation (EEC) No 1785/81
provides that the differences between the prices in inter-national trade for the products listed in Article 1(1)(a),(c), (d), (f), (g) and (h) of that Regulation and priceswithin the Community may be covered by an exportrefund where these products are exported in the form ofgoods listed in the Annex to that Regulation. Commis-sion Regulation (EC) No 1520/2000 of 13 July 2000laying down common implementing rules for grantingexport refunds on certain agricultural products exportedin the form of goods not covered by Annex I to theTreaty and the criteria for fixing the amount of suchrefunds (
3) specifies the products for which a rate of
refund should be fixed, to be applied where these prod-ucts are exported in the form of goods listed in Annex Ito Regulation (EC) No 2038/1999.
(2)In accordance with Article 4(1) of Regulation (EC) No1520/2000, the rate of the refund per 100 kilograms foreach of the basic products in question must be fixed foreach month.
(3)Article 18(3) of Regulation (EC) No 2038/1999 andArticle 11 of the Agreement on Agriculture concludedunder the Uruguay Round lay down that the exportrefund for a product contained in a good may notexceed the refund applicable to that product whenexported without further processing.
(4)The refunds fixed under this Regulation may be fixed inadvance as the market situation over the next fewmonths cannot be established at the moment.(5)The commitments entered into with regard to refundswhich may be granted for the export of agriculturalproducts contained in goods not covered by Annex I tothe Treaty may be jeopardized by the fixing in advanceof high refund rates. It is therefore necessary to takeprecautionary measures in such situations without,however, preventing the conclusion of long-termcontracts. The fixing of a specific refund rate for theadvance fixing of refunds is a measure which enablesthese various objectives to be met.
(6)Pursuant to Article 4(3) of Regulation (EC) No 1520/2000 a reduced rate of export refund has to be fixed,taking account of the amount of the production refundapplicable, pursuant to Council Regulation (EEC) No1010/86 (
4), as last amended by Commission Regulation
(EC) No 1148/98 (5), for the basic product in question,
used during the assumed period of manufacture of thegoods.
(7)It is necessary to ensure continuity of strict managementtaking account of expenditure forecasts and funds avail-able in the budget.
(8)The measures provided for in this Regulation are inaccordance with the opinion of the ManagementCommittee for Sugar,
HASADOPTED THISREGULATION:
Article 1
The rates of the refunds applicable to the basic products
appearing in Annex A to Regulation (EC) No 1520/2000 andlisted in Article 1(1) and (2) of Regulation (EC) No 2038/1999,exported in the form of goods listed in Annex I to Regulation(EC) No 2038/1999, are fixed as shown in the Annex hereto.
Article 2
Where a refund certificate issued before 15 July 2000 is used,
and with regard to the goods listed in the Annex to Regulation(EEC) No 1010/86, a reduced rate of refund which takesaccount of the amount of the production refund shall apply.
(1) OJ L 252, 25.9.1999, p. 1.
(2) OJ L 175, 14.7.2000, p. 59. (4) OJ L 94, 9.4.1986, p. 9.
(3) OJ L 177, 15.7.2000, p. 1. (5) OJ L 265, 30.9.1998, p. 8.
EN Official Journal of the European Communities 1.9.2000 L 221/22
However, if, at the time the export declaration is accepted and, in support of his application for payment ofthe export refund, the operator provides proof that, with regard to the basic products used to manufacturethe goods to be exported, the production refund provided for under Regulation (EEC) No 1010/86 has notbeen and will not be applied for, the rate of refund which does not take account of the amount of theproduction refund shall apply.The proof referred to in the previous paragraph shall consist of the presentation by the exporter of adeclaration by the processor of the basic product in question which attests that, with regard to this product,the production refund provided for under Regulation (EEC) No 1010/86 has not been and will not beapplied for. This declaration shall be verified in accordance with Article 16(1) of Regulation (EC) No1520/2000.
Article 3
This Regulation shall enter into force on 1 September 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 31 August 2000.
For the Commission
Erkki LIIKANEN
Member of the Commission
ANNEX
to the CommissionRegulationof 31 August 2000 fixin g the rates of the refun ds applicable to certainproducts in
the sugar sector exported in the form of goods not covered by Annex I to the Treaty
Rate of refund in EUR/100 kg
Product In case of
advance fixing of
refundsOther
White sugar:
— where the first paragraph of Article 2 applies ——
— in all other cases 36,69 36,69