Commission Regulation (EC) No 851/2008 of 28 August 2008 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: 2008-08-28
Institutions: European Commission
Subjects: export refund, white sugar

29.8.2008

EN

Official Journal of the European Union

L 231/17

COMMISSION REGULATION (EC) No 851/2008

of 28 August 2008

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
Community,

establishing the European

Having regard to Council Regulation (EC) No 318/2006 of
20 February 2006 on the common organisation of
the
the
market
particular
Article 33(2)(a) and (4) thereof,

sector (1),

sugar

and

in

in

Whereas:

(1)

(2)

(3)

(4)

Article 32(1) and (2) of Regulation (EC) No 318/2006
provides that the differences between the prices in inter­
national trade for the products listed in Article 1(1)(b),
(c), (d) and (g) 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 VII to that Regulation.

(EC) No

1043/2005

Commission Regulation
of
30 June 2005 implementing Council Regulation (EC)
No 3448/93 as regards the system of 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 is to
be fixed, to be applied where these products are exported
in the form of goods listed in Annex VII to Regulation
(EC) No 318/2006.

In accordance with the first paragraph of Article 14 of
Regulation (EC) No 1043/2005, the rate of the refund
per 100 kilograms for each of the basic products in
question is to be fixed each month.

Article 32(4) of Regulation (EC) No 318/2006 lays down
that the export refund for a product contained in goods

(5)

(6)

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

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.

(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

The rates of the refunds applicable to the basic products listed
in Annex I
to Regulation (EC) No 1043/2005 and in
Article 1(1) and in point (1) of Article 2 of Regulation (EC)
No 318/2006, and exported in the form of goods listed in
Annex VII to Regulation (EC) No 318/2006, shall be fixed as
set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 29 August 2008.

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

Done at Brussels, 28 August 2008.

For the Commission

Heinz ZOUREK
Director-General Enterprise and Industry

(1) OJ L 58, 28.2.2006, p. 1. Regulation as

last amended by
Commission Regulation
L 283,
27.10.2007, p. 1). Regulation (EC) No 318/2006 will be replaced
by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as
from 1 October 2008.

(EC) No 1260/2007 (OJ

(2) OJ L 172, 5.7.2005, p. 24. Regulation as last amended by Regu­

lation (EC) No 639/2008 (OJ L 178, 5.7.2008, p. 9).

L 231/18

EN

Official Journal of the European Union

29.8.2008

Rates of refunds applicable from 29 August 2008 to certain products from the sugar sector exported in the form
of goods not covered by Annex I to the Treaty (1)

ANNEX

CN code

Description

Rate of refund in EUR/100 kg

In case of advance fixing of
refunds

1701 99 10

White sugar

14,96

Other

14,96

(1) The rates set out in this Annex are not applicable to exports to

(a) third countries: Andorra, Liechtenstein,

the Holy See (Vatican City State), Croatia, Bosnia-Herzegovina, Serbia, Kosovo (*),
Montenegro, Albania and the former Yugoslav Republic of Macedonia and to the goods listed in Tables I and II of Protocol 2
to the Agreement between the European Community and the Swiss Confederation of 22 July 1972 exported to the Swiss
Confederation.

(b) territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland,
Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, and the areas of the Republic of Cyprus in which the
Government of the Republic of Cyprus does not exercise effective control;

(c) European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the

Community: Gibraltar

(*) As defined by United Nations Security Council Resolution 1244 of 10 June 1999.