Commission Regulation (EC) No 95/2005 of 20 January 2005 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: 2005-01-20
Institutions: European Commission
Subjects: export refund, white sugar

L 19/42

EN

Official Journal of the European Union

21.1.2005

COMMISSION REGULATION (EC) No 95/2005

of 20 January 2005

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,

(5)

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
in
sugar (1), and in particular Article 27(5)(a) and (15),

the market

Whereas:

(6)

(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 (2) specifies 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.

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
in such situations
to take precautionary measures
without, however, preventing the conclusion of
long-
term 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.

of

24

2004

September

In accordance with Council Regulation (EC) No
1676/2004
adopting
autonomous and transitional measures concerning the
importation of certain processed agricultural products
originating in Bulgaria and the exportation of certain
to Bulgaria (3) with
processed agricultural products
effect
from 1 October 2004, processed agricultural
products not listed in Annex I to the Treaty which are
exported to Bulgaria are not eligible for export refunds.

(7)

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

In accordance with Article 4(1) of Regulation (EC) No
1520/2000, the rate of the refund per 100 kg for each of
the basic products in question must be fixed for each
month.

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, and 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 27(3) of Regulation (EC) No 1260/2001 lays
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.

The refunds fixed under this Regulation may be fixed in
advance as the market situation over
few
months cannot be established at the moment.

the next

Article 2

By way of derogation from Article 1 and with effect from 1
October 2004, the rates set out in the Annex shall not be
applicable to goods not covered by Annex I to the Treaty
when exported to Bulgaria.

(1) OJ L 178, 30.6.2001, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004,
p. 16).

(2) OJ L 177, 15.7.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 886/2004 (OJ L 168, 1.5.2004, p. 14).

Article 3

This Regulation shall enter into force on 21 January 2005.

(3) OJ L 301, 28.9.2004, p. 1.

(1)

(2)

(3)

(4)

21.1.2005

EN

Official Journal of the European Union

L 19/43

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

Done at Brussels, 20 January 2005.

For the Commission

Günter VERHEUGEN
Vice-President

L 19/44

EN

Official Journal of the European Union

21.1.2005

ANNEX

Rates of refunds applicable from 21 January 2005 to certain products from the sugar sector exported in the
form of goods not covered by Annex I to the Treaty

CN code

Description

Rate of refund in EUR/100 kg

In case of advance fixing of
refunds

1701 99 10

white sugar

39,76

Other

39,76