CELEX: 31996R0565
Language: en
Date: 1996-03-29
Title: COMMISSION REGULATION (EC) No 565/96 of 29 March 1996 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 80/42                 EN                Official Journal of the European Communities                                    30 . 3 . 96
                                             COMMISSION REGULATION (EC) No 565/96
                                                              of 29 March 1 996
                          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,                              tions without, however, preventing the conclusion of
                                                                           long-term contracts; whereas the fixing of a specific
   Having regard to the Treaty establishing the European                   refund rate for the advance fixing of refunds is a measure
  Community,                                                               which enables these various objectives to be met;
                                                                           Whereas Article 4 (5) (b) of Regulation (EC) No 1222/94
  Having regard to Council Regulation (EEC) No 1785/81                     provides that in the absence of the proof referred to in
  of 30 June 1981 on the common organization of the                        Article 4 (5) (a) of that Regulation, a reduced rate of export
  market in sugar ('), as last amended by Regulation (EC)                  refund has to be fixed, taking account of the amount of
  No 1101 /95 (2) and in particular Article 17 (5) (a) and ( 15),          the production refund applicable, pursuant to Council
                                                                           Regulation (EEC) No 1010/86 (*), as last amended by
  Whereas Article 17 (1 ) and (2) of Regulation (EEC) No                   Regulation (EC) No 1101 /95, for the basic product in
  1785/81 provides that the differences between the prices                 question, used during the assumed period of manufacture
  in international trade for the products listed in Article 1              of the goods;
  (1 ) (a), (c), (d), (f), (g) and (h) of that Regulation and prices
  within the Community may be covered by an export                         Whereas Council Regulation (EEC) No 990/93 (*) as
  refund where these products are exported in the form of                  amended by Regulation (EC) No 1380/95 fl, prohibits
  goods listed in the Annex to that Regulation; whereas                    trade between the European Community and the Federal
  Commission Regulation (EC) No 1222/94 of 30 May 1994                     Republic of Yugoslavia (Serbia and Montenegro); whereas
  laying down common implementing rules for granting                       this prohibition does not apply in certain situations as
  export refunds on certain agricultural products exported                 comprehensively listed in Articles 2, 4, 5 and 7 thereof
  in the form of goods not covered by Annex II to the                      and in Council Regulation (EC) No 462/95 (8); whereas
 Treaty and the criteria for fixing the amount of such                     account should be taken of this when fixing the funds;
  refunds (3) as last amended by Regulation (EC) No
  229/96 (4) specifies the products for which a rate of refund            Whereas the measures provided for in this Regulation are
 should be fixed, to be applied where these products are                  in accordance with the opinion of the Management
 exported in the form of goods listed in Annex I to Regu­                 Committee for Sugar,
 lation (EEC) No 1785/81 ;
 Whereas, in accordance with Article 4 (1 ) of Regulation
                                                                          HAS ADOPTED THIS REGULATION :
 (EC) No 1222/94, the rate of the refund per 100 kilo­
 grams for each of the basic products in question must be
 fixed for each month;
                                                                                                      Article 1
 Whereas Article 17 (3) of Regulation (EEC) No 1785/81
                                                                          1 . The rates of the refunds applicable to the basic
 and Article 1 1 of the Agreement on Agriculture
 concluded under the Uruguay Round lay down that the                      products appearing in Annex A to Regulation (EC) No
                                                                          1222/94 and listed in Article 1 ( 1 ) and (2) of Regulation
 export refund for a product contained in a good may not                  (EEC) No 1785/81 , exported in the form of goods listed
 exceed the refund applicable to that product when
                                                                          in Annex I to Regulation (EEC) No 1785/81 , are fixed as
 exported without further processing;                                     shown in the Annex hereto .
 Whereas the refunds fixed under this Regulation may be                   2. Refunds on exports to the Federal Republic of
 fixed in advance; whereas the market situation over the                 Yugoslavia (Serbia and Montenegro) may be granted only
 next few months cannot be established at the moment;                    where the conditions laid down in Regulation (EEC) No
                                                                         990/93 as amended by Regulation (EC) No 462/96 are
Whereas the commitments entered into with regard to                      observed .
 refunds which may be granted for the export of agricul­
tural products contained in goods not covered by Annex
 II to the Treaty may be jeopardized by the fixing in                                                 Article 2
advance of high refund rates; whereas it is therefore
necessary to take precautionary measures in such situa­                  This Regulation shall enter into force on 1 April 1996.
(')  OJ    No   L  177, 1 . 7. 1981 , p. 4.                              0 OJ No L 94, 9. 4. 1986, p. 9.
(2)  OJ    No   L  110, 17. 5. 1995, p. 1 .                              if) OJ No L 102, 28. 4. 1993, p. 14.
(3)  OJ    No   L  136, 31 . 5. 1994, p. 5.                              0 OJ No L 138, 21 . 6. 1995, p. 1 .
(4   OJ    No   L  30, 8 . 2. 1996, p. 24.                               (8) OJ No L 65, 15. 3. 1996, p. 1 .
 ---pagebreak--- 30 . 3 . 96               EN                   Official Journal of the European Communities                                                 No L 80/43
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels, 29 March 1996.
                                                                                              For the Commission
                                                                                              Martin BANGEMANN
                                                                                        Member of the Commission
                                                                       ANNEX
               to the Commission Regulation of 29 March 1996 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:
              — pursuant to Article 4 (5) (b) of Regulation (EC)                           0,85                             3,85
                    No 1222/94
              — in all other cases                                                       36,98                            39,98
              Raw sugar:
              — pursuant to Article 4 (5) (b) of Regulation (EC)                           0,78                            3,54
                    No 1222/94
             — in all other cases                                                        34,02                            36,78
              Syrups of beet sugar or cane sugar, other than the
             syrups obtained by dissolving white or raw sugar in
             the solid state, containing, in the dry state, 85 % or
             more by weight of sucrose (including invert sugar
             expressed as sucrose):
             — pursuant to Article 4 (5) (b) of Regulation (EC)                     0,85 (4) x S f')                3,85 (4) x S (')
                   No 1222/94                                                             100                              100
             — in all other cases                                                 36,98 n x S n                    39,98 (4) x S (')
                                                                                          100                              100
             For syrups obtained by dissolving white or raw sugar            the rate fixed above for 100 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):
             — pursuant to Article 4 (5) (b) of Regulation (EC)                           0,85 (3)                         3,85 0
                   No 1222/94
            — in all other cases                                                        36,98 (3)                        39,98 (3)
            (') '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).