Commission Regulation (EC) No 389/2003 of 27 February 2003 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: 2003-02-27
Institutions: European Commission
Subjects: common organisation of markets, export refund, white sugar

L 55/40

EN

Official Journal of the European Union

1.3.2003

COMMISSION REGULATION (EC) No 389/2003

of 27 February 2003

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 European
Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19
June 2001 on the common organisation of the market in
sugar (1), as amended by Commission Regulation (EC) No 680/
2002 (2), and in particular Article 27(5)(a) and (15),

Whereas:

(1)

(2)

(3)

(f),

(d),

Article 27(1) and (2) of Regulation (EEC) No 1260/2001
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), as last amended by Regulation (EC) No 1052/
2002 (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
Annex I to Regulation (EC) No 1260/2001.

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 27(3) of Regulation (EC) No 1260/2001 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.

(4)

(5)

(6)

(7)

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

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 jeopardised by the fixing in advance
of high refund rates. It is therefore necessary to take
in such situations without,
precautionary measures
however, preventing
long-term
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

the

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
the Management
accordance with the opinion of
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 1260/2001,
exported in the form of goods listed in Annex V to Regulation
(EC) No 1260/2001, are fixed as shown in the Annex hereto.

(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 104, 20.4.2002, p. 26.
(3) OJ L 177, 15.7.2000, p. 1.
(4) OJ L 160, 18.6.2002, p. 16.

Article 2

This Regulation shall enter into force on 1 March 2003.

1.3.2003

EN

Official Journal of the European Union

L 55/41

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

Done at Brussels, 27 February 2003.

For the Commission

Erkki LIIKANEN

Member of the Commission

to the Commission Regulation of 27 February 2003 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

ANNEX

Product

White sugar:

Rate of refund in EUR/100 kg

In case of advance fixing of
refunds

43,75

Other

43,75