Commission Regulation (EC) No 1037/2004 of 27 May 2004 fixing the export refunds on syrups and certain other sugar products exported in the natural state
Date: 2004-05-27
Institutions: European Commission
Subjects: export refund, sugar product, syrup

L 190/22

EN

Official Journal of the European Union

28.5.2004

COMMISSION REGULATION (EC) No 1037/2004

of 27 May 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
Community,

establishing the European

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.

that

the export

Article 3 of Commission Regulation (EC) No 2135/95 of
7 September 1995 laying down detailed rules of appli-
cation for the grant of export refunds in the sugar
sector (2), provides
refund on 100
the products listed in Article 1(1)(d) of
kilograms of
to the basic
Regulation (EC) No 1260/2001 is equal
amount multiplied by the sucrose content,
including,
where appropriate, other sugars expressed as sucrose;
in question is
the sucrose content of
determined in accordance with Article 3 of Commission
Regulation (EC) No 2135/95.

the product

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 the one hand, of the difference between

(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.

for

sugar

for white

intervention price

the
the
for the month for
Community areas without deficit
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.

(5)

(6)

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

the application of

refund for products

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
falling within CN code
1702 30 91 and for products referred to in Article 1(1)
the
(d) of Regulation (EC) No 1260/2001 and of
economic aspects of the intended exports;
in the case
of the products referred to in the said Article (1)(f) and
the refund is to be granted only for products
(g),
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 that refunds on the products
that Regulation may vary
referred to in Article 1 of
the world market
according to destination, where
situation or the specific requirements of certain markets
make this necessary.

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
in nature.
the Community seems to be highly artificial

28.5.2004

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Official Journal of the European Union

L 190/23

(10)

(11)

(12)

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.

In view of
question should be fixed at the appropriate amounts.

refunds for

the above,

the products in

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 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
Regulation.

Article 2

This Regulation shall enter into force on 28 May 2004.

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

Done at Brussels, 27 May 2004.

For the Commission

Franz FISCHLER
Member of the Commission

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Official Journal of the European Union

28.5.2004

ANNEX

EXPORT REFUNDS ON SYRUPS AND CERTAIN OTHER SUGAR PRODUCTS EXPORTED WITHOUT
FURTHER PROCESSING APPLICABLE FROM 28 MAY 2004

Product code

Destination

Unit of measurement

Amount of refund

1702 40 10 91 00

1702 60 10 90 00

1702 60 80 91 00

1702 60 95 90 00

1702 90 30 90 00

1702 90 60 90 00

1702 90 71 90 00

1702 90 99 99 00

2106 90 30 90 00

2106 90 59 90 00

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

46,81 (1)

46,81 (1)

88,94 (2)

0,4681 (3)

46,81 (1)

0,4681 (3)

0,4681 (3)

EUR/1 % sucrose × net 100 kg of product

0,4681 (3) (4)

EUR/100 kg dry matter

EUR/1 % sucrose × net 100 kg of product

46,81 (1)

0,4681 (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
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, 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).

in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003,

(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

determined 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).