Commission Regulation (EC) No 902/2004 of 29 April 2004 fixing the export refunds on syrups and certain other sugar products exported in the natural state
Date: 2004-04-29
Institutions: European Commission
Subjects: export refund, sugar, syrup

30.4.2004

EN

Official Journal of the European Union

L 163/39

COMMISSION REGULATION (EC) No 902/2004

of 29 April 2004

fixing the export refunds on syrups and certain other sugar products exported in the natural 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:

(1)

(2)

(3)

(4)

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)(d) of
that Regulation and prices for those products within the
Community may be covered by an export refund.

the grant of export

Article 3 of Commission Regulation (EC) No 2135/95 of
7 September 1995 laying down detailed rules of applica-
tion for
refunds in the sugar
sector (2), provides that the export refund on 100 kilo-
grams of the products listed in Article 1(1)(d) of Regu-
lation (EC) No 1260/2001 is equal to the basic amount
including, where
multiplied by the sucrose content,
appropriate, other
the
sucrose;
sucrose content of the product in question is determined
in accordance with Article 3 of Commission Regulation
(EC) No 2135/95.

sugars expressed as

Article 30(3) of Regulation (EC) No 1260/2001 provides
that the basic amount of the refund on sorbose exported
in the natural state must be equal to the basic amount of
the refund less one hundredth of the production refund
applicable, pursuant to Commission Regulation (EC) No
1265/2001 of 27 June 2001 laying down detailed rules
for the application of Council Regulation (EC) No 1260/
2001 as regards granting the production refund on
certain sugar products used in the chemical industry (3)
to the products listed in the Annex to the last mentioned
Regulation;

According to the terms of Article 30(1) of Regulation
(EC) No 1260/2001, the basic amount of the refund on
the other products listed in Article 1(1)(d) of the said
Regulation exported in the natural state must be equal
to one-hundredth of an amount which takes account, on

(1) OJ L 178, 30.6.2001, p. 1. Regulation as amended by Commission
Regulation (EC) No 2196/2003 (OJ L 328, 17.12.2003, p. 17).

(2) OJ L 214, 8.9.1995, p. 16.
(3) OJ L 178, 30.6.2001, p. 63.

(5)

(6)

the one hand, of the difference between the intervention
price for white sugar for the Community areas without
deficit for the month for which the basic amount is
fixed and quotations or prices for white sugar on the
world market and, on the other, of the need to establish
a balance between the use of Community basic products
in the manufacture of processed goods for export to
third countries and the use of third country products
brought in under inward-processing arrangements.

According to the terms of Article 30(4) of Regulation
(EC) No 1260/2001, the application of the basic amount
may be limited to some of the products listed in Article
1(1)(d) of the said Regulation.

Article 27 of Regulation (EC) No 1260/2001 makes
provision for setting refunds for export in the natural
state of products referred to in Article 1(1)(f) and (g) and
(h) of that Regulation; the refund must be fixed per 100
kilograms of dry matter, taking account of the export
refund for products falling within CN code 1702 30 91
and for products referred to in Article 1(1)(d) of Regu-
lation (EC) No 1260/2001 and of the economic aspects
of the intended exports;
in the case of the products
referred to in the said Article (1)(f) and (g), the refund is
to be granted only for products complying with the
conditions in Article 5 of Regulation (EC) No 2135/95;
for the products referred to in Article 1(1)(h), the refund
shall be granted only for products complying with the
conditions in Article 6 of Regulation (EC) No 2135/95.

(7)

The abovementioned refunds must be fixed every
month; they may be altered in the intervening period.

(8)

(9)

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 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
in
from the Community seems to be highly artificial
nature.

L 163/40

EN

Official Journal of the European Union

30.4.2004

(10)

(11)

In order to prevent any abuses associated with the reim-
portation into the Community of sugar sector products
that have qualified for export refunds, refunds for the
products covered by this Regulation should not be fixed
for all the countries of the western Balkans.

(13)

(14)

In view of the above, refunds for the products in ques-
tion should be fixed at the appropriate amounts.

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

Import duties and export refunds still apply to certain
sugar products traded between the Community, on the
one hand, and the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia, hereafter known as the ‘new Member States’,
on the other, and the level of export refunds is appreci-
ably greater than the level of import duties. In view of
the accession of those countries to the Community on 1
May 2004, the appreciable gap between the level of
import duties and the level of export refunds granted on
the products in question may result in speculative trade
movements.

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(1)(d), (f),
(g) and (h) of Regulation (EC) No 1260/2001, exported in the
natural state, shall be set out in the Annex hereto to this Regu-
lation.

(12)

In order to prevent any abuse associated with the re-
import or re-introduction into the Community of sugar
sector products that have qualified for export refunds,
levies and refunds for the products covered by this Regu-
lation should not be set for all the new Member States.

Article 2

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

Franz FISCHLER

Member of the Commission

30.4.2004

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Official Journal of the European Union

L 163/41

ANNEX

EXPORT REFUNDS ON SYRUPS AND CERTAIN OTHER SUGAR PRODUCTS EXPORTED WITHOUT
FURTHER PROCESSING APPLICABLE FROM 30 APRIL 2004

Product code

Destination

Unit of measurement

Amount of refund

1702 40 10 9100

1702 60 10 9000

1702 60 80 9100

1702 60 95 9000

1702 90 30 9000

1702 90 60 9000

1702 90 71 9000

1702 90 99 9900

2106 90 30 9000

2106 90 59 9000

S00

S00

S00

S00

S00

S00

S00

S00

S00

S00

EUR/100 kg dry matter

EUR/100 kg dry matter

EUR/100 kg dry matter

EUR/1 % sucrose × net 100 kg of
product

EUR/100 kg dry matter

EUR/1 % sucrose × net 100 kg of
product

EUR/1 % sucrose × net 100 kg of
product

EUR/1 % sucrose × net 100 kg of
product

EUR/100 kg dry matter

EUR/1 % sucrose × net 100 kg of
product

46,02 (1)

46,02 (1)

87,43 (2)

0,4602 (3)

46,02 (1)

0,4602 (3)

0,4602 (3)

0,4602 (3) (4)

46,02 (1)

0,4602 (3)

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 2081/2003 (OJ L 313, 28.11.2003, p. 11).

The other destinations are defined as follows:
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 by the United
Nations 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, except for sugar incorporated into 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) Applicable only to products referred to in Article 5 of Regulation (EC) No 2135/95.
(2) Applicable only to products referred to in Article 6 of Regulation (EC) No 2135/95.
(3) The basic amount is not applicable to syrups which are less than 85 % pure (Regulation (EC) No 2135/95). Sucrose content is deter-

mined in accordance with Article 3 of Regulation (EC) No 2135/95.

(4) The basic amount is not applicable to the product defined under point 2 of the Annex to Commission Regulation (EEC) No 3513/92

(OJ L 355, 5.12.1992, p. 12).