CELEX: 31988R2164
Language: en
Date: 1988-07-21 00:00:00
Title: Commission Regulation (EEC) No 2164/88 of 20 July 1988 fixing the export refunds on white sugar and raw sugar exported in the natural state

No L 190/ 18                               Official Journal of the European Communities                                    21 . 7. 88
                                         COMMISSION REGULATION (EEC) No 2164/88
                                                         . of 20 July 1988
                    fixing the export refunds on white sugar and raw sugar exported in the natural
                                                                 state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            this refund should be fixed in accordance with Article 5
                                                                       (2) of Regulation (EEC) No 766/68 ; whereas candy sugar
                                                                       is defined in Commission Regulation (EEC) No 394/70 of
Having regard to the Treaty establishing the European                  2 March 1970 on detailed rules for granting export
Economic Community,                                                    refunds on sugar (*), as amended by Regulation (EEC) No
                                                                       1714/88 Q ; whereas the refund thus calculated for aroma­
                                                                       tized sugars or for sugars with colouring added must apply
                                                                       to their sucrose content and, accordingly, be fixed per
Having regard to the Act of Accession of Spain and                     1 % of the said content ;
Portugal,
Having regard to Council Regulation (EEC) No 1785/81                   Whereas the world market situation or the specific
of 30 June 1981 on the common organization of the                      requirements of certain markets may make it necessary to
markets in the sugar sector ('), as last amended by Regula­            vary the refund for sugar according to destination ;
tion (EEC) No 1 107/88 (2), and in particular point (a) of
the first subparagraph of Article 19 (4) and Article 19(7)
thereof,
                                                                       Whereas, in special cases, the amount of the refund may
                                                                       be fixed by other legal instruments ;
Having regard to the opinion of the Monetary Committee,
                                                                       Whereas, if the refund system is to operate normally,
Whereas Article 19 of Regulation (EEC) No 1785/81                      refunds should be calculated on the following basis :
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             — in the case of currencies which are maintained in rela­
within the Community may be covered by an export                            tion to each other at any given moment within a band
refund :                                                                    of 2,25 % , a rate of exchange based on their central
                                                                            rate, multiplied by the corrective factor provided for in
                                                                            the last paragraph of Article 3 ( 1 ) of Council Regula­
                                                                            tion (EEC) No 1676/85 (8), as last amended by Regula­
Whereas Council Regulation (EEC) No 766/68 of 18 June                       tion (EEC) No 1636/87 (9),
 1968 laying down general rules for granting export
refunds on sugar (3), as last amended by Regulation (EEC)              — for other currencies, an exchange rate based on the
No 1489/76 (4), provides that when refunds on white and                     arithmetic mean of the spot market rates of each of
raw sugar, undenatured and exported in the natural state,                   these currencies recorded over a given period in rela­
are being fixed account must be taken of the situation on                   tion to the Community currencies referred to in the
the Community and world markets in sugar and in parti­                      previous indent, and the aforesaid coefficient ;
cular of the price and cost factors set out in Article 3 of
that Regulation ; whereas the same Article provides that
the economic aspect of the proposed exports should also
be taken into account ;                                                Whereas the refund must be fixed every two weeks ;
                                                                       whereas it may be altered in the intervening period ;
Whereas the refund on raw sugar must be fixed in respect
of the standard quality ; whereas the latter is defined in
Article 1 of Council Regulation (EEC) No 431 /68 of 9                  Whereas it follows from applying the rules set out above
April 1968 determining the standard quality for raw sugar              to the present situation on the market in sugar and in
and fixing the Community frontier crossing point for                   particular to quotations or prices for sugar within the
calculating cif prices for sugar (*) ; whereas, furthermore,           Community and on the world market that the refund
                                                                       should be as set out in the Annex to this Regulation ;
(')  OJ   No L  177, 1 . 7. 1981 , p. 4.
(2)  OJ   No L  110, 29. 4. 1988, p. 20.                               m   OJ   No L  50, 4. 3.  1970, p.  1.
0    OJ   No L  143, 25. 6. 1968, p. 6.                                0   OJ   No L  152, 18 . 6. 1988 , p. 23 .
(4)  OJ   No L  167, 26. 6. 1976, p. 13.                               (8) OJ   No L  164, 24.  6. 1985,  p. 1 .
n    OJ   No L  89, 10. 4. 1968, p. 3.                                 0   OJ   No L  153, 13.  6. 1987,  p. 1 .
 ---pagebreak---    21 . 7. 88                            Official Journal of the European Communities                             No L 190/ 19
  Whereas, following the introduction of the combined              HAS ADOPTED THIS REGULATION :
   nomenclature by Council Regulation (EEC) No
   2658/87 ('), the nomenclature applicable from 1 January
                                                                                               Article 1
   1988 to export refunds for agricultural products was intro­
  duced by Regulation (EEC) No 3846/87 (2), as corrected
  by Regulation (EEC) No 1561 /88 (3) ; whereas Council            1 . The export refunds on the products listed in Article
  Regulation (EEC) No 1107/88 amends with effect on 1              1 (1 ) (a) of Regulation (EEC) No 1785/81 undenatured and
                                                                   exported in the natural state, shall be as set out in Annex
  July 1988 the basic Regulation on sugar (EEC) No                 I hereto .
   1785/81 in particular as concerns the definition of white
  sugar and raw sugar by treating sugar containing other           2. The agricultural product nomenclature for export
  added substances in the same way as sugar containing             refunds in section 15 of the Annex to Regulation (EEC)
  added flavouring or colouring matter ; whereas the agri­         No 3846/87 is hereby amended in accordance with that
  cultural product nomenclature in question should be              set out in Annex II hereto.
  adapted accordingly for the fixation of the export refunds
  for sugar ;
  Whereas the measures provided for in this Regulation are                                     Article 2
  in accordance with the opinion of the Management
  Committee for Sugar,                                             This Regulation shall enter into force on 21 July 1988.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                    Done at Brussels, 20 July 1988 .
                                                                               For the Commission
                                                                                Frans ANDRIESSEN
                                                                                   Vice-President
(') OJ No L 256, 7. 9. 1987, p. 1 .
(2) OJ No L 366, 24. 12. 1987, p. 1 .
(3) OJ No L 144, 10. 6. 1988, p. 1 .
 ---pagebreak--- No L 190/20                        Official Journal of the European Communities                             21 . 7 . 88
                                                           ANNEX I
            to the Commission Regulation of 20 July 1988 fixing the export refunds on white sugar and
                                        raw sugar exported in the natural state
                                                                                                     (ECU)
                                                                            Amount of refund
                                     Product code                               per percentage point of
                                                                                  sucrose content and
                                                                 per 100 kg       per 100 kg net of the
                                                                                  product in question
                                    1701 11 90 100                29,05 (')
                                    1701 11 90 910                23,92 (')
                                    1701 11 90 950                   0
                                    1701 12 90 100                29,05 (')
                                    1701 12 90 910                23,92 (»)
                                    1701 12 90 950                    (2)
                                    1701 91 00 000            I.     !                   0,3158
                                    1701 99 10 100                31,58
                                    1701 99 10 900                27,39
                                    1701 99 90 100
                                                              \\                         0,3158
                       (') Applicable to raw sugar with a yield of 92 % ; if the yield is other than 92 %,
                           the refund applicable is calculated in accordance with the provisions of Article
                           5 (3) of Regulation (EEC) No 766/68 .
                       (2) Fixing suspended by Commission Regulation (EEC) No 2689/85 (OJ No L 255,
                           26. 9. 1985, p. 12), as amended by Regulation (EEC) No 3251 /85 (OJ No L 309,
                           21 . 11 . 1985, p. 14).
 ---pagebreak--- 21 . 7. 88                     Official Journal of the European Communities                                 No L 190/21
                                                    ANNEX II
                                1 5. White and raw sugar without further processing
                 CN code                             Description                               Product code
                1701       Cane or beet sugar and chemically pure sucrose, in solid form :
                           — Raw sugar not containing added flavouring or colouring
                             matter :
             ex 1701 11    — — Cane sugar :
                1701 11 90 — — — Other :
                                     — Candy sugar                                           1701 11 90 100
                                     — Other raw sugar :
                                       — In immediate packings not exceeding 5 kg net of
                                          product                                            1701 11 90 910
                                       — Other                                               1701 11 90 950 ,
             ex 1701 12    — — Beet sugar :                                                |
                1701 12 90 — — — Other :
                                     — Candy sugar                                           1701 12 90 100
                                     — Other raw sugar :
                                       — In immediate packings not exceeding 5 kg net of
                                          product                                            1701 12 90 910
           l                           — Other                                               1701 12 90 950
           l               — Other :
                1701 91 00 — — Containing added flavouring or colouring matter               1701 91 00 000
             ex 1701 99    — — Other :
                1701 99 10 — — — White sugar :
           \                         — Candy sugar                                           1701 99 10 100
                                     — Other                                                 1701 99 10 900
                1701 99 90 — — — Other :
           1                         — Containing added substances other than flavouring
           I                           or colouring matter                                   1701 99 90 100
                                     — Other                                                 1701 99 90 900