Commission Regulation (EC) No 105/2004 of 22 January 2004 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: 2004-01-22
Institutions: European Commission
Subjects: export refund, sugar

23.1.2004

EN

Official Journal of the European Union

L 16/23

COMMISSION REGULATION (EC) No 105/2004

of 22 January 2004

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
2196/2003 (2), and in particular Article 27(5)(a) and (15),

Whereas:

(4)

(5)

(6)

(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 Annex V to that Regulation. Commission
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 740/2003 (4), speci-
fies 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.

(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 328, 17.12.2003, p. 17.
(3) OJ L 177, 15.7.2000, p. 1.
(4) OJ L 106, 29.4.2003, p. 12.

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
precautionary measures
in such situations without,
long-term
however, preventing
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

of

the

concerning

importation

In accordance with Council Regulation (EC) No 1039/
2003 of 2 June 2003 adopting autonomous and transi-
tional measures concerning the importation of certain
processed agricultural products originating in Estonia
and the exportation of certain agricultural products to
Estonia (5), Council Regulation (EC) No 1086/2003 of 18
and transitional
June 2003 adopting autonomous
certain
measures
processed agricultural products originating in Slovenia
and the exportation of certain processed agricultural
products to Slovenia (6), Council Regulation (EC) No
1087/2003 of 18 June 2003 adopting autonomous and
transitional measures concerning the importation of
certain processed agricultural products originating in
Latvia and the exportation of certain processed agri-
cultural products to Latvia (7), Council Regulation (EC)
No 1088/2003 of 18 June 2003 adopting autonomous
and transitional measures concerning the importation of
certain processed agricultural products originating in
Lithuania and the exportation of certain processed agri-
cultural products to Lithuania (8), Council Regulation
(EC) No 1089/2003 of 18 June 2003 adopting autono-
mous and transitional measures concerning the importa-
tion of certain processed agricultural products origin-
ating in the Slovak Republic and the exportation of
certain processed agricultural products to the Slovak
Republic (9) and Council Regulation (EC) No 1090/2003
of 18 June 2003 adopting autonomous and transitional
measures
certain
processed agricultural products originating in the Czech
Republic and the exportation of certain processed agri-
cultural products to the Czech Republic (10) with effect
from 1 July 2003, processed agricultural products not
listed in Annex I to the Treaty which are exported to
Estonia, Slovenia, Latvia, Lithuania, Slovakia or
the
Czech Republic are not eligible for export refunds.

importation

concerning

the

of

(5) OJ L 151, 19.6.2003, p. 1.
(6) OJ L 163, 1.7.2003, p. 1.
(7) OJ L 163, 1.7.2003, p. 19.
(8) OJ L 163, 1.7.2003, p. 38.
(9) OJ L 163, 1.7.2003, p. 56.
(10) OJ L 163, 1.7.2003, p. 73.

L 16/24

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Official Journal of the European Union

23.1.2004

(7)

(8)

concerning the

In accordance with Council Regulation (EC) No 999/
2003 of 2 June 2003 adopting autonomous and transi-
tional measures
certain
processed agricultural products originating in Hungary
and the export of certain processed agricultural products
to Hungary (1), with effect from 1 July 2003, the goods
referred to in its Article 1(2) which are exported to
Hungary shall not be eligible for export refunds.

import of

In accordance with Council Regulation (EC) No 1890/
2003 of 27 October 2003 adopting autonomous and
transitional measures concerning the importation of
certain processed agricultural products originating in
Malta and the exportation of certain processed agri-
cultural products
from 1
November 2003, processed agricultural products not
listed in Annex I to the Treaty which are exported to
Malta, are not eligible for export refunds.

to Malta (2) with effect

(10)

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 listed
in Annex A to Regulation (EC) No 1520/2000 and 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 set out in the Annex to this Regulation.

(9)

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

Article 2

This Regulation shall enter into force on 23 January 2004.

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

Done at Brussels, 22 January 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission

(1) OJ L 146, 13.6.2003, p. 10.
(2) OJ L 278, 29.10.2003, p. 1.

23.1.2004

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Official Journal of the European Union

L 16/25

ANNEX

Rates of refunds applicable from 23 January 2004 to certain products from the sugar sector exported in the
form of goods not covered by Annex I to the Treaty

CN code

Description

In case of advance fixing of
refunds

1701 99 10

White sugar

49,95

Other

49,95

Rate of refund in EUR/100 kg (1)

(1) With effect from 1 July 2003 these rates are not applicable to goods not covered by Annex I to the Treaty when exported to Estonia,
Slovenia, Latvia, Lithuania, the Czech Republic or Slovakia and to the goods referred to in Article 1(2) of Regulation (EC) No 999/
2003 when exported to Hungary. With effect from 1 November 2003 these rates are not applicable to goods not covered by Annex I
to the Treaty when exported to Malta.