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
Date: 2000-08-31
Institutions: European Commission
Subjects: export refund, production refund, sugar product, white sugar

1.9.2000

EN

Official Journal of the European Communities

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,

(5)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2038/1999 of 13
September 1999 on the common organisation of the market in
sugar (1), as amended by Commission Regulation (EC) No
1527/2000 (2), and in particular Article 18(5)(a) and (15),

Whereas:

(1)

(2)

(3)

(f),

(d),

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),
(g) and (h) of that Regulation and prices
within the Community may be covered by an export
refund where these products are exported in the form of
goods listed in the Annex to that Regulation. Commis-
sion Regulation (EC) No 1520/2000 of 13 July 2000
laying down common implementing rules for granting
export refunds on certain agricultural products exported
in the form of goods not covered by Annex I to the
Treaty and the criteria for fixing the amount of such
refunds (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 I
to Regulation (EC) No 2038/1999.

In accordance with Article 4(1) of Regulation (EC) No
1520/2000, the rate of the refund per 100 kilograms for
each of the basic products in question must be fixed for
each month.

Article 18(3) of Regulation (EC) No 2038/1999 and
Article 11 of the Agreement on Agriculture concluded
under the Uruguay Round lay down that the export
refund for a product contained in a good may not
exceed the refund applicable to that product when
exported without further processing.

The commitments entered into with regard to refunds
which may be granted for the export of agricultural
products contained in goods not covered by Annex I to
the Treaty may be jeopardized by the fixing in advance
of high refund rates. It is therefore necessary to take
in such situations without,
precautionary measures
long-term
however, preventing the
contracts. The fixing of a specific refund rate for the
advance fixing of refunds is a measure which enables
these various objectives to be met.

conclusion of

(6)

(7)

(8)

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 refund
applicable, pursuant
to Council Regulation (EEC) No
1010/86 (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 the
goods.

It is necessary to ensure continuity of strict management
taking account of expenditure forecasts and funds avail-
able in the budget.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Sugar,

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 and
listed 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

(4)

The refunds fixed under this Regulation may be fixed in
few
advance as the market situation over the next
months cannot be established at the moment.

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 takes
account 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.
(3) OJ L 177, 15.7.2000, p. 1.

(4) OJ L 94, 9.4.1986, p. 9.
(5) OJ L 265, 30.9.1998, p. 8.

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Official Journal of the European Communities

1.9.2000

However, if, at the time the export declaration is accepted and, in support of his application for payment of
the export refund, the operator provides proof that, with regard to the basic products used to manufacture
the goods to be exported, the production refund provided for under Regulation (EEC) No 1010/86 has not
been and will not be applied for, the rate of refund which does not take account of the amount of the
production refund shall apply.

The proof referred to in the previous paragraph shall consist of the presentation by the exporter of a
declaration 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 be
applied for. This declaration shall be verified in accordance with Article 16(1) of Regulation (EC) No
1520/2000.

This Regulation shall enter into force on 1 September 2000.

Article 3

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

to the Commission Regulation of 31 August 2000 fixing 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

ANNEX

Product

Rate of refund in EUR/100 kg

In case of
advance fixing of
refunds

White sugar:

— where the first paragraph of Article 2 applies

— in all other cases

—

36,69

Other

—

36,69