Commission Regulation (EC) No 894/2004 of 29 April 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: 2004-04-29
Institutions: European Commission
Subjects: export refund, white sugar

L 163/20

EN

Official Journal of the European Union

30.4.2004

COMMISSION REGULATION (EC) No 894/2004

of 29 April 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), 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),
(g) and (h) of that Regulation and prices
(c),
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 (2)
specifies the products for which a rate of refund should
to be applied where these products are
be fixed,
exported in the form of goods listed in Annex I to Regu-
lation (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. Regulation as last amended by Commis-
sion Regulation (EC) No 2196/2003 (OJ L 328, 17.12.2003, p. 17).
(2) OJ L 177, 15.7.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 740/2003 (OJ L 106, 29.4.2003, p. 12).

(4)

(5)

(6)

(7)

(8)

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
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

Pursuant to Regulations (EC) No 1039/2003 (3), (EC) No
1086/2003 (4), (EC) No 1087/2003 (5), (EC) No 1088/
2003 (6),
(EC) No 1089/2003 (7) and (EC) No 1090/
2003 (8) the Council adopted autonomous and transi-
tional measures concerning the importation of certain
processed agricultural products originating in Estonia,
Slovenia, Latvia, Lithuania, Slovakia and the Czech
Republic and the exportation of certain processed agri-
cultural products to those countries. Those regulations
provide that, 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, shall not be eligible for export
refunds.

concerning the

In accordance with Council Regulation (EC) No 999/
2003 of 2 June 2003 adopting autonomous and transi-
certain
tional measures
processed agricultural products originating in Hungary
and the export of certain processed agricultural products
to Hungary (9), 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 to Malta (10), 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.

(3) OJ L 151, 19.6.2003, p. 1.
(4) OJ L 163, 1.7.2003, p. 1.
(5) OJ L 163, 1.7.2003, p. 19.
(6) OJ L 163, 1.7.2003, p. 38.
(7) OJ L 163, 1.7.2003, p. 56.
(8) OJ L 163, 1.7.2003, p. 73.
(9) OJ L 146, 13.6.2003, p. 10.
(10) OJ L 278, 29.10.2003, p. 1.

30.4.2004

EN

Official Journal of the European Union

L 163/21

(9) With a view to enlargement of the European Union on
1 May 2004, and in order to prevent any abuse through
the re-import or re-introduction into the Community of
products in receipt of export refunds, the setting of all
remaining export refunds has been discontinued in the
sugar sector, in relation to the products concerned when
exported unprocessed to the acceding States.

(10)

(11)

(12)

Therefore, with effect from 7 April 2004 no refund
should be set for certain products from the sugar sector
exported in the form of goods not covered by Annex I
to the Treaty when exported to Cyprus and Poland and
for the goods which are not referred to in Article 1(2) of
Regulation (EC) No 999/2003 when exported to
Hungary.

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 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.

Article 2

1. Without prejudice to Article 1 and with effect from 1
July 2003 the rates set out in the Annex are not applicable to
goods not covered by Annex I to the Treaty when exported to
the Czech Republic, Estonia, Latvia, Lithuania, Slovakia or
Slovenia nor to the goods referred to in Article 1(2) of Council
Regulation (EC) No 999/2003 when exported to Hungary.

With effect from 1 November 2003 these rates are not applic-
able to goods not covered by Annex I to the Treaty when
exported to Malta.

2. Without prejudice to Article 1 and with effect from 7
April 2004 no rates of refund shall be set in respect of goods
not covered by Annex I to the Treaty when exported to Cyprus
and Poland nor in respect of goods which are not referred to in
Article 1(2) of Regulation (EC) No 999/2003 when exported to
Hungary.

Article 3

This Regulation shall enter into force on 30 April 2004.

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

Done at Brussels, 29 April 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission

L 163/22

EN

Official Journal of the European Union

30.4.2004

Rates of refunds applicable from 30 April 2004 to certain products from the sugar sector exported in the form
of goods not covered by Annex I to the Treaty

ANNEX

CN code

Description

Rate of refund in EUR/100 kg

In case of advance fixing of
refunds

1701 99 10

White sugar

46,02

Other

46,02