Commission Regulation (EC) No 438/2005 of 17 March 2005 fixing the export refunds on white sugar and raw sugar exported in its unaltered state
Date: 2005-03-17
Institutions: European Commission
Subjects: export refund, raw sugar, white sugar

L 72/8

EN

Official Journal of the European Union

18.3.2005

COMMISSION REGULATION (EC) No 438/2005

of 17 March 2005

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
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)

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.

that Regulation. Candy

The refund on raw sugar must be fixed in respect of the
standard quality. The latter is defined in Annex I, point II,
this
to Regulation (EC) No 1260/2001. Furthermore,
refund should be fixed in accordance with Article 28(4)
of
in
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). 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.

defined

sugar

is

(5)

(6)

(7)

(8)

(9)

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

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
according to destination, where
the world market
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
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.

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
appropriate
market,
amounts.

should be

refunds

the

set

at

(10)

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)(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.

Article 2

(4)

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

This Regulation shall enter into force on 18 March 2005.

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

Done at Brussels, 17 March 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(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 214, 8.9.1995, p. 16.

18.3.2005

EN

Official Journal of the European Union

L 72/9

ANNEX

REFUNDS ON WHITE SUGAR AND RAW SUGAR EXPORTED WITHOUT FURTHER PROCESSING
APPLICABLE FROM 18 MARCH 2005 (1)

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

EUR/1 % of sucrose × 100 kg product net

EUR/100 kg

EUR/100 kg

EUR/100 kg

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

33,80 (2)

32,43 (2)

33,80 (2)

32,43 (2)

0,3675

36,75

35,26

35,26

0,3675

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:
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, 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).

The amounts set out in this Annex are not applicable with effect from 1 February 2005 pusrsuant to Council Decision 2005/45/EC
of 22 December 2004 concerning the conclusion and the provisional application of
the Agreement between the European
Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss
Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products (OJ L 23, 26.1.2005, p. 17).
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.

(1)

(2)