CELEX: 31995R2302
Language: en
Date: 1995-09-29 00:00:00
Title: COMMISSION REGULATION (EC) No 2302/95 of 29 September 1995 fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex II to the Treaty

No L 233/40                EN                Official Journal of the European Communities                                 30 . 9. 95
                                             COMMISSION REGULATION (EC) No 2302/95
                                                             of 29 September 1995
                           fixing the rates of refunds applicable to certain products from the sugar sector
                                exported in the form of goods not covered by Annex II to the Treaty
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              Whereas the commitments entered into with regard to
                                                                            refunds which may be granted for the export of agricul­
                                                                            tural products contained in goods not covered by Annex
   Having regard to the Treaty establishing the European                    II to the Treaty may be jeopardized by the fixing in
   Community,                                                               advance of high refund rates ; whereas it is therefore
                                                                            necessary to take precautionary measures in such situa­
                                                                            tions without, however, preventing the conclusion of
                                                                            long-term contracts ; whereas the fixing of a specific
   Having regard to Council Regulation (EEC) No 1785/81                     refund rate for the advance fixing of refunds is a measure
   of 30 June 1981 on the common organization of the                       which enables these various objectives to be met ;
   market in sugar ('), as last amended by Regulation (EC)
   No 1 101 /95 (2) and in particular Article 17 (5) (a) and ( 15),
                                                                           Whereas Council Regulation (EEC) No 990/93(0 as
                                                                           amended by Regulation (EC) No 1380/95 f"), prohibits
                                                                           trade between the European Community and the Federal
   Whereas Article 17 ( 1 ) and (2) of Regulation (EEC) No                 Republic of Yugoslavia (Serbia and Montenegro) ; whereas
   1785/81 provides that the differences between the prices                this prohibition does not apply in certain situations as
   in international trade for the products listed in Article 1             comprehensively listed in Articles 2, 4, 5 and 7 thereof ;
   (1 ) (a), (c), (d), (f), (g) and (h) of that Regulation and prices      whereas account should be taken of this when fixing the
  within the Community may be covered by an export                         funds ;
   refund where these products are exported in the form of
  goods listed in the Annex to that Regulation ; whereas
   Commission Regulation (EC) No 1222/94 of 30 May 1994                    Whereas the measures provided for in this Regulation are
  laying down common implementing rules for granting                       in accordance with the opinion of the Management
  export refunds on certain agricultural products exported                 Committee for Sugar,
  in the form of goods not covered by Annex II to the
  Treaty and the criteria for fixing the amount of such
  refunds (3) as last amended by Regulation (EC) No
   1 149/95 (4) specifies the products for which a rate of
  refund should be fixed, to be applied where these                        HAS ADOPTED THIS REGULATION :
  products are exported in the form of goods listed in
  Annex I to Regulation (EEC) No 1785/81 ;
                                                                                                    Article 1
  Whereas, in accordance with Article 4 (1 ) of Regulation
  (EC) No 1222/94, the rate of the refund per 100 kilo­                    1 . The rates of the refunds applicable to the basic
  grams for each of the basic products in question must be                 products appearing in Annex A to Regulation (EC) No
  fixed for each month :
                                                                           1222/94 and listed in Article 1 ( 1 ) and (2) of Regulation
                                                                           (EEC) No 1785/81 , exported in the form of goods listed
                                                                           in Annex I to Regulation (EEC) No 1785/81 , are fixed as
  Whereas Article 17 (3) of Regulation (EEC) No 1785/81                    shown in the Annex hereto .
  and Article 1 1 of the Agreement on Agriculture
I concluded under the Uruguay Round lay down that the                      2. Refunds on exports to the Federal Republic of
  export refund for a product contained in a good may not                  Yugoslavia (Serbia and Montenegro) may be granted only
  exceed the refund applicable to that product when                        where the conditions laid down in Regulation (EEC) No
  exported without further processing ;                                    990/93 are observed.
  Whereas the refunds fixed under this Regulation may be
  fixed in advance ; whereas the market situation over the                                          Article 2
  next few months cannot be established at the moment ;
                                                                           This Regulation shall enter into force on 1 October 1995.
  (') OJ No L 177, 1 . 7. 1981 , p. 4.
  (2) OJ No L 110, 17. 5. 1995, p. 1 .
  (3) OJ No L 136, 31 . 5. 1994, p. 5.                                     0 OJ No L 102, 28. 4. 1993, p. 14.
  H OJ No L 116, 23. 5. 1995, p. 1 .                                        « OJ No L 138, 21 . 6. 1995, p. 1 .
 ---pagebreak--- 30 . 9 . 95            EN                   Official Journal of the European Communities                                                 No L 233/41
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 29 September 1995.
                                                                                            For the Commission
                                                                                            Martin BANGEMANN
                                                                                      Member of the Commission
                                                                      ANNEX
            to the Commission Regulation of 29 September 1995 fixing the rates of the refunds
            applicable to certain products in the sugar sector exported in the form of goods not covered by
                                                           Annex II to the Treaty
                                                                                           Rate of refund in ECU/100 kg
                                         Product                                     In case of
                                                                                   advance fixing                        Other
                                                                                     of refunds
            White sugar                                                                 39,74                            42,74
            Raw sugar                                                                   36,56                            39,32
            Syrups of beet sugar or cane sugar, other than the                    39,74 (4) x S (')               42,74 Π x S (')
            syrups obtained by dissolving white or raw sugar in                          100                              100
            the solid state, containing, in the dry state, 85 % or
            more by weight of sucrose (including invert sugar
            expressed as sucrose)
            For syrups obtained by dissolving white or raw sugar            the rate fixed above for 1 00 kg of white or raw sugar
            in the solid state, whether or not the dissolving is            used for the dissolution
            followed by inversion
            Molasses                                                                      —                               —
            Isoglucose (2)                                                              39,74 (3)                      42,74 C)
            (') 'S represents in 100 kilograms of syrup
                — the sucrose content (including invert sugar expressed as sucrose) of the syrup in question, where the latter is not less
                     than 98 % pure,
                — the extractable sugar content of the syrup in question, where the latter is not less than 85 %, but less than 98 % pure.
            (2) Products obtained by isomerization of glucose, which have a content by weight in the dry state of at least 41 % fructose
                and of which the total content by weight in the dry state of polysaccharides and oligosaccharides, including the di- or
                trisaccharides content, does not exceed 8,5 % .
            (3) Amount of refund per 100 kilograms of dry matter.
            (4) The basic amount is not applicable to the product defined under point 2 of the Annex to Commission Regulation (EEC)
                No 3513/92 (OJ No L 355, 5. 12. 1992, p. 12).