Commission Regulation (EC) No 404/2004 of 4 March 2004 fixing the export refunds on white sugar and raw sugar exported in its unaltered state
Date: 2004-03-04
Institutions: European Commission
Subjects: export refund, raw sugar, white sugar

5.3.2004

EN

Official Journal of the European Union

L 67/7

COMMISSION REGULATION (EC) No 404/2004

of 4 March 2004

fixing the export refunds on white sugar and raw sugar exported in its unaltered state

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 markets in the
sugar sector (1), and in particular the second subparagraph of
Article 27(5) thereof,

Whereas:

Article 27 of Regulation (EC) No 1260/2001 provides
that the difference between quotations or prices on the
world market for the products listed in Article 1(1)(a) of
that Regulation and prices for those products within the
Community may be covered by an export refund.

Regulation (EC) No 1260/2001 provides that when
refunds on white and raw sugar, undenatured and
exported in its unaltered state, are being fixed account
must be taken of the situation on the Community and
world markets in sugar and in particular of the price and
cost factors set out in Article 28 of that Regulation. The
same Article provides that the economic aspect of the
proposed exports should also be taken into account.

The refund on raw sugar must be fixed in respect of the
standard quality. The latter is defined in Annex I, point
II, to Regulation (EC) No 1260/2001. Furthermore, this
refund should be fixed in accordance with Article 28(4)
of that Regulation. Candy sugar is defined in Commis-
sion Regulation (EC) No 2135/95 of 7 September 1995
laying down detailed rules of application for the grant of
export refunds in the sugar sector (2). The refund thus
calculated for sugar containing added flavouring or
colouring matter must apply to their sucrose content
and, accordingly, be fixed per 1 % of the said content.

(7)

(8)

(9)

(10)

(11)

The significant and rapid increase in preferential imports
of sugar from the western Balkan countries since the
start of 2001 and in exports of sugar to those countries
from the Community seems to be highly artificial.

To prevent any abuse through the re-import into the
Community of sugar products in receipt of an export
refund, no refund should be set for all the countries of
the western Balkans for the products covered by this
Regulation.

Import duties and export refunds still apply to certain
sugar products traded between the Community, of the
one part, and the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia, hereinafter referred to as ‘new Member States’,
of the other part, and the level of export refunds is
appreciably greater than the level of import duties. In
view of the accession of these countries to the Com-
munity on 1 May 2004, the appreciable gap between
the level of import duties and the level of export refunds
granted for the products in question may result in specu-
lative trade flows.

To prevent any abuse through the re-import or re-intro-
duction into the Community of sugar products in receipt
of an export refund, no refund or levy should be set for
all the new Member States for the products covered by
this Regulation.

In view of the above and of the present situation on the
market in sugar, and in particular of the quotations or
prices for sugar within the Community and on the
world market, refunds should be set at the appropriate
amounts.

(12)

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

In special cases, the amount of the refund may be fixed
by other legal instruments.

HAS ADOPTED THIS REGULATION:

The refund must be fixed every two weeks. It may be
altered in the intervening period.

Article 1

The first subparagraph of Article 27(5) of Regulation
(EC) No 1260/2001 provides
refunds on the
products referred to in Article 1 of that Regulation may
vary according to destination, where the world market
situation or the specific requirements of certain markets
make this necessary.

that

The export refunds on the products listed in Article 1(1)(a) of
Regulation (EC) No 1260/2001, undenatured and exported in
the natural state, are hereby fixed to the amounts shown in the
Annex hereto.

(1) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commis-

sion Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2) OJ L 214, 8.9.1995, p. 16.

Article 2

This Regulation shall enter into force on 5 March 2004.

(1)

(2)

(3)

(4)

(5)

(6)

L 67/8

EN

Official Journal of the European Union

5.3.2004

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

Done at Brussels, 4 March 2004.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

REFUNDS ON WHITE SUGAR AND RAW SUGAR EXPORTED WITHOUT FURTHER PROCESSING
APPLICABLE FROM 5 MARCH 2004

Product code

Destination

Unit of measurement

Amount of refund

1701 11 90 9100

1701 11 90 9910

1701 12 90 9100

1701 12 90 9910

1701 91 00 9000

1701 99 10 9100

1701 99 10 9910

1701 99 10 9950

1701 99 90 9100

S00

S00

S00

S00

S00

S00

S00

S00

S00

EUR/100 kg

EUR/100 kg

EUR/100 kg

EUR/100 kg

45,19 (1)

43,99 (1)

45,19 (1)

43,99 (1)

EUR/1 % of sucrose × 100 kg product net

0,4913

EUR/100 kg

EUR/100 kg

EUR/100 kg

EUR/1 % of sucrose × 100 kg of net
product

49,13

47,83

47,83

0,4913

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366,

24.12.1987, p. 1).
The numeric destination codes are set out in Commission Regulation (EC) No 1779/2002 (OJ L 269, 5.10.2002, p. 6).

The other destinations are:
S00: all destinations (third countries, other territories, victualling and destinations treated as exports from the Community) with the
exception of Albania, Croatia, Bosnia and Herzegovina, Serbia and Montenegro (including Kosovo, as defined in UN Security
Council Resolution 1244 of 10 June 1999), the former Yugoslav Republic of Macedonia, the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, save for sugar incorporated in the products referred to in
Article 1(2)(b) of Council Regulation (EC) No 2201/96 (OJ L 297, 21.11.1996, p. 29).

(1) This amount is applicable to raw sugar with a yield of 92 %. Where the yield for exported raw sugar differs from 92 %, the refund

amount applicable shall be calculated in accordance with Article 28(4) of Regulation (EC) No 1260/2001.