EN OfficialJournaloftheEuropeanCommunities 1.8.2000 L195/32
COMMISSION REGULATION (EC) No 1707/2000
of 31 July 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,
HavingregardtoCouncilRegulation(EC)No2038/1999of13
September1999onthecommonorganisationofthemarketinsugar(
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
providesthatthedifferencesbetweenthepricesininter-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 exportrefundwheretheseproductsareexportedintheformofgoods listed in the Annex to that Regulation. Commis-sion Regulation (EC) No 1520/2000 of 13 July 2000laying down common implementing rules for grantingexportrefundsoncertainagriculturalproductsexportedin 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-uctsareexportedintheformofgoodslistedinAnnexIto Regulation (EC) No 2038/1999.
(2)In accordance with Article 4(1) of Regulation (EC) No1520/2000,therateoftherefundper100kilogramsforeachofthebasicproductsinquestionmustbefixedforeach 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)TherefundsfixedunderthisRegulationmaybefixedinadvance 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),aslastamendedbyCommissionRegulation
(EC) No 1148/98(5), for the basic product in question,
used during the assumed period of manufacture of thegoods.
(7)Itisnecessarytoensurecontinuityofstrictmanagementtaking 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 Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Article 1
The rates of the refunds applicable to the basic products
appearing in Annex A to Regulation (EC) No 1520/2000 andlistedinArticle1(1)and(2)ofRegulation(EC)No2038/1999,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,
andwithregardtothegoodslistedintheAnnextoRegulation(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 OfficialJournaloftheEuropeanCommunities 1.8.2000 L195/33
However,if,atthetimetheexportdeclarationisacceptedand,insupportofhisapplicationforpaymentoftheexportrefund,theoperatorprovidesproofthat,withregardtothebasicproductsusedtomanufacturethegoodstobeexported,theproductionrefundprovidedforunderRegulation(EEC)No1010/86hasnotbeen 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 adeclarationbytheprocessorofthebasicproductinquestionwhichatteststhat,withregardtothisproduct,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 August 2000.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 31 July 2000.
For the Commission
Erkki LIIKANEN
Member of the Commission
White sugar:RateofrefundinEUR/100 kgANNEX
to the Commission Regulation of 31 July 2000 amending the rates of the refunds applicable to certain products
in the sugar sector exported in the form of goods not covered by Annex I to the Treaty
39,20—— — where the first paragraph of Article 2 applies
39,20 — in all other casesIncaseof
advancefixingof
refundsProduct
Other