CELEX: 31995R0426
Language: en
Date: 1995-02-28 00:00:00
Title: COMMISSION REGULATION (EC) No 426/95 of 28 February 1995 fixing the export refunds on syrups and certain other sugar products exported in the natural state

No L 45/6                EN                 Official Journal of the European Communities                                      1 . 3 . 95
                                            COMMISSION REGULATION (EC) No 426/95
                                                           of 28 February 1995
                      fixing the export refunds on syrups and certain other sugar products exported in
                                                             the natural state
 THE COMMISSION OF THE . EUROPEAN COMMUNITIES,                           lation (EEC) No 464/91 (8), to the products listed in the
                                                                         Annex to the last mentioned Regulation ;
 Having regard to the Treaty establishing the European
  Community,
                                                                        Whereas the basic amount of the refund on the other
                                                                         products listed in Article 1 (1 ) (d) of Regulation (EEC) No
  Having regard to Council Regulation (EEC) No 1785/81                   1785/81 exported in the natural state must be equal to
 of 30 June 1981 on the common organization of the                      one-hundredth of an amount which takes account, on the
 markets in the sugar sector ('), as last amended by Regula­            one hand, of the difference between the intervention
 tion (EC) No 283/95 (2), and in particular Article 19 (4)               price for white sugar for the Community areas without
 thereof,                                                                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
 Whereas Article 19 of Regulation (EEC) No 1785/81                      the manufacture of processed goods for export to third
 provides that the difference between quotations or prices              countries and the use of third country products brought
 on the world market for the products listed in Article 1               in under inward processing arrangements ;
 ( 1 ) (d) of that Regulation and prices for those products
 within the Community may be covered by an export
 refund :
                                                                        Whereas the application of the basic amount may be
 Whereas Article 8 of Council Regulation (EEC) No                       limited to some of the products listed in Article 1 (1 ) (d)
 766/68 of 18 June 1968 laying down general rules for                   of Regulation (EEC) No 1785/81 ;
granting export refunds on sugar (3), as last amended by
 Regulation (EEC) No 1489/76 (4), provides that the export
 refund on 100 kilograms of the products listed in Article
 1 ( 1 ) (d) of Regulation (EEC) No 1785/81 is equal to the
 basic amount multiplied by the sucrose content, includ­
 ing, where appropriate, other sugars expressed as sucrose ;            Whereas Article 19 of Regulation (EEC) No 1785/81
whereas the sucrose content of the product in question is               makes provision for setting refunds for export in the
 determined in accordance with Article 13 of Commission                 natural state of products referred to in Article 1 ( 1 ) (f) and
 Regulation (EEC) No 394/70 of 2 March 1970 on detailed                 (g) and (h) of that Regulation ; whereas the refund must be
 rules for granting export refunds on sugar Q, as last                  fixed per 100 kilograms of dry matter, taking account of
amended by Regulation (EC) No 2529/94 (6) ;                             the export refund for products falling within CN code
                                                                        1702 30 91 and for products referred to in Article 1 (1 ) (d)
                                                                        of Regulation (EEC) No 1785/81 and of the economic
                                                                        aspects of the intended exports ; whereas, in the case of
Whereas Article 7 of Regulation (EEC) No 766/68                         the products referred to in the said Article (1 ) (f) and (g),
provides that the basic amount of the refund on sorbose                 the refund is to be granted only for products complying
exported in the natural state must be equal to the basic                with the conditions in Article 3 of Commission Regula­
amount of the refund less one-hundredth of the produc­                  tion (EEC) No 1469/77 of 30 June 1977 laying down
tion refund applicable, pursuant to Council Regulation                  rules for applying the levy and the refund in respect of
(EEC) No 1010/86 of 25 March 1986 laying down general                   isoglucose and amending Regulation (EEC) No 192/75 (9),
rules for the production refund on sugar used in the                    as amended by Regulation (EEC) No 1 714/88 (I0) ;
chemical industry f), last amended by Commission Regu­                 whereas, for the products referred to in Article 1 (1 ) (h),
                                                                       the refund shall be granted only for products complying
(') OJ No L 177, 1 . 7. 1981 , p. 4.                                   with the conditions in Article 13b of Regulation (EEC)
I1) OJ No L 34, 14. 2. 1995, p. 3.                                      No 394/70 ;
O     OJ  No  L  143, 25.   6. 1968, p. 6.
(«)   OJ  No  L  167, 26.   6. 1976, p. 13.
O     OJ  No  L  50, 4. 3.   1970, p. 1 .                              (8) OJ No L 54, 28. 2. 1991 , p. 22.
(6)   OJ  No  L  269, 20.   10. 1994, p. 14.                           0 OJ No L 25, 31 . 1 . 1975, p. 1 .
O     OJ  No  L 94, 9. 4.   1986, p. 9.                                (I0) OJ No L 152, 18 . 6. 1988, p. 23.
 ---pagebreak---  1 . 3 . 95           | EN                Official Journal of the European Communities                                No L 45/7
Whereas the representative market rates defined in Article          whereas this prohibition does not apply in certain situa­
 1 of Council Regulation (EEC) No 3813/92 ('), as last              tions as comprehensively listed in Articles 2, 4, 5 and 7
 amended by Regulation (EC) No 1 50/95 (2), are used to             thereof ; whereas account should be taken of this fact
convert amounts expressed in third country currencies               when fixing the refunds ;
 and are used as the basis for determining the agricultural
conversion rates of the Member . States' currencies ;               Whereas the measures provided for in this Regulation are
whereas detailed rules on the application and determina­            in accordance with the opinion of the Management
 tion of these conversions were set by Commission Regu­             Committee for Sugar,
lation (EEC) No 1 068/93 (3), as last amended by Regula­
tion (EC) No 1 57/95 (4) ;                                          HAS ADOPTED THIS REGULATION :
Whereas the refunds referred to above must be fixed every
month ; whereas they may be altered in the intervening                                       Article 1
period ;                                                            The export refunds on the products listed in Article 1 (1 )
Whereas application of these quotas results in fixing               (d), (f), (g) and (h) of Regulation (EEC) No 1785/81 ,
refunds for the products in question at the levels given in         exported in the natural state, shall be set out in the Annex
the Annex to this Regulation ;                                      hereto.
Whereas Council Regulation (EEC) No 990/93 (*) prohi­                                        Article 2
bits trade between the European Community and the
Federal Republic of Yugoslavia (Serbia and Montenegro) ;            This Regulation shall enter into force on 1 March 1995.
                   This Regulation shall be binding in its entirety and directly applicable iri all Member
                   States.
                   Done at Brussels, 28 February 1995.
                                                                               For the Commission
                                                                                 Franz FISCHLER
                                                                          Member of the Commission
(■)  OJ   No L 387, 31 . 12. 1992, p. 1 .
(2)  OJ   No L 22, 31 . 1 . 1995, p. 1 .
(3)  OJ   No L 108, 1 . 5. 1993, p. 106.
(4)  OJ   No L 24, 1 . 2. 1995, p. 1 .
O    OJ   No L 102, 28 . 4. 1993, p. 14.
 ---pagebreak--- No L 45/8     EN                 Official Journal of the European Communities                           1 . 3 . 95
                                                          ANNEX
          to the Commission Regulation of 28 February 1995 fixing the export refunds on syrups and
                           certain other sugar products exported in the natural state
                                    Product code                        Amount of refund
                                                                  — ECU/ 10Ó kg dry matter —
                                 1702 40 10 100                           37,34    (2) (3)
                                 1702 60 10 000                           37,34    00
                                 1702 60 90 200                           70,95    00
                                                                — ECU/ 1 % sucrose x 100 kg —
                                 1702 60 90 800                            0,3734 (') 0
                                                                 — ECU/ 1 00 kg dry matter —
                                 1702 90 30 000                           37,34    00
                                                               — ECU/ 1 % sucrose x 100 kg ,—
                                 1702 90 60 000                            0,3734 (') O
                                 1702 90 71 000                            0,3734 O 0
                                 1702 90 99 900                            0,3734 (') O 0
                                                                 — ECU/ 1 00 kg dry matter —
                                 2106 90 30 000                           37,34    00
                                      ,
                                                               — ECU/ 1 % sucrose x 100 kg —
                                 2106 90 59 000                            0,3734 00       ·'
                     (') The basic amount is not applicable to syrups which are less than 85 % pure
                          (Regulation (EEC) No 394/70). Sucrose content is determined in accordance
                          with Article 13 of Regulation (EEC) No 394/70.
                     (2) Applicable only to products referred to in Article 3 of Regulation (EEC)
                          No 1469/77.
                     (•') Refunds on exports to the Federal Republic of Yugoslavia (Serbia and
                          Montenegro) may be granted only where the conditions laid down in
                          Regulation (EEC) No 990/93 are observed.
                     (4) The basic amount is not applicable to the product defined under point 2 of the
                          Annex to Regulation (EEC) No 3513/92 (OJ No L 355, 5. 12. 1992, p. 12).
                     (*) Applicable only to products defined under Article 13 (3) of Regulation (EEC)
                          No 394/70 .
                     NB : The product codes and the footnotes are defined in amended
                              Commission Regulation (EEC) No 3846/87 (OJ No L 366, 24. 12.
                              1987, p. 1 ).