CELEX: 31996R2321
Language: en
Date: 1996-12-04 00:00:00
Title: COMMISSION REGULATION (EC) No 2321/96 of 4 December 1996 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

5 . 12. 96              EN                 Official Journal of the European Communities                                No L 316/ 5
                                           COMMISSION REGULATION (EC) No 2321 /96
                                                          of 4 December 1996
                     fixing the export refunds on white sugar and raw sugar exported in its unaltered
                                                                   state
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              Whereas, in special cases, the amount of the refund may
                                                                           be fixed by other legal instruments;
  Having regard to the Treaty establishing the European
  Community,
                                                                           Whereas Council Regulation (EEC) No 990/93 (6), as
                                                                           amended by Regulation (EC) No 1380/95 Q, prohibits
  Having regard to Council Regulation (EEC) No 1785/81                     trade between the European Community and the Federal
  of 1 June 1981 on the common organization of the                         Republic of Yugoslavia (Serbia and Montenegro); whereas
  markets in the sugar sector ('), as last amended by Regula­              this prohibition does not apply in certain situations as
  tion (EC) No 1599/96 (2), and in particular point (a) of the             comprehensively listed in Articles 2, 4, 5 and 7 thereof
  first subparagraph of Article 19 (4) thereof,                            and in Council Regulation (EC) No 462/96 (8); whereas
                                                                          account should be taken of this fact when fixing the
                                                                           refunds;
 Whereas Article 19 of Regulation (EEC) No 1785/81
  provides that the difference between quotations or prices
 on the world market for the products listed in Article 1                 Whereas the representative market rates defined in Article
 ( 1 ) (a) of that Regulation and prices for those products                1 of Council Regulation (EEC) No 3813/92 (9), as last
 within the Community may be covered by an export                         amended by Regulation (EC) No 150/95 (l0), are used to
 refund;
                                                                          convert amounts expressed in third country currencies
                                                                          and are used as the basis for determining the agricultural
 Whereas Regulation (EEC) No 1785/81 provides that                        conversion rates of the Member States' currencies; whereas
 when refunds on white and raw sugar, undenatured and                     detailed rules on the application and determination of
 exported in its unaltered state, are being fixed account                 these conversions were set by Commission Regulation
 must be taken of the situation on the Community and                      (EEC) No 1068/93 ("), as last amended by Regulation (EC)
 world markets in sugar and in particular of the price and                No 1482/96 (,2);
 cost factors set out in Article 17a of that Regulation;
 whereas the same Article provides that the economic
 aspect of the proposed exports should also be taken into                 Whereas the refund must be fixed every two weeks;
 account;                                                                 whereas it may be altered in the intervening period;
 Whereas the refund on raw sugar must be fixed in respect                 Whereas it follows from applying the rules set out above
 of the standard quality; whereas the latter is defined in                to the present situation on the market in sugar and in
 Article 1 of Council Regulation (EEC) No 431 /68 of 9                    particular to quotations or prices for sugar within the
 April 1968 determining the standard quality for raw sugar                Community and on the world market that the refund
 and fixing the Community frontier crossing point for                     should be as set out in the Annex hereto;
 calculating cif prices for sugar (3), as amended by Regula­
 tion (EC) No 3290/94 (4); whereas, furthermore, this
 refund should be fixed in accordance with Article 17a (4)               Whereas, in the light of the amendment introduced by
 of Regulation (EEC) No 1785/81 ; whereas candy sugar is                  Commission Regulation (EC) No 1222/96 (u), the figure 9
 defined in Commission Regulation (EC) No 2135/95 of 7                   after the first eight digits corresponding to the combined
 September 1995 laying down detailed rules of application                nomenclature subheadings should be regarded as forming
 for the grant of export refunds in the sugar sector ^;                   part of the refund nomenclature code from 1 January
whereas the refund thus calculated for sugar containing                   1997;
 added flavouring or colouring matter must apply to their
 sucrose content and, accordingly, be fixed per 1 % of the
said content;                                                            Whereas the measures provided for in this Regulation are
                                                                         in accordance with the opinion of the Management
Whereas the world market situation or the specific requi­                Committee for Sugar,
rements of certain markets may make it necessary to vary
the refund for sugar according to destination;                           (6) OJ No L 102, 28 . 4. 1993, p. 14.
                                                                        O OJ No L 138 , 21 . 6. 1995, p. 1 .
                                                                        (8) OJ No L 65, 15. 3 . 1996, p. 1 .
(')   OJ  No  L 177, 1 . 7. 1981 , p. 4.                                O OJ     No  L 387, 31 . 12. 1992, p. 1 .
(2)   OJ  No  L 206, 16. 8 . 1996, p. 43.                               ( 10) OJ  No  L 22, 31 . 1 . 1995, p. 1 .
(3)   OJ  No  L 89, 10 . 4. 1968 , p. 3.                                (") OJ    No  L 108 , 1 . 5. 1993, p. 106.
(4)   OJ  No  L 349, 31 . 12. 1994, p. 105.                             (12) OJ   No  L 188 , 27. 7. 1996, p. 22.
0     OJ  No  L 214, 8 . 9 . 1995, p. 16 .                              ( 13) OJ  No  L 161 , 29 . 6. 1996, p . 62.
 ---pagebreak--- No L 316/6   I EN |                Official Journal of the European Communities                              5 . 12. 96
           HAS ADOPTED THIS REGULATION :
                                                            Article 1
           The export refunds on the products listed in Article 1 ( 1 ) (a) of Regulation (EEC) No
           1785/81 , undenatured and exported in the natural state, are hereby fixed to the amounts
           shown in the Annex hereto .
                                                            Article 2
           This Regulation shall enter into force on 5 December 1996.
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 4 December 1996 .
                                                                                  For the Commission
                                                                                     Franz FISCHLER
                                                                            Member of the Commission
                                                             ANNEX
           to the Commission Regulation of 4 December 1996 fixing the export refunds on white
                                 sugar and raw sugar exported in its unaltered state
                                      Product code                        Amount of refund (3)
                                                                           — ECU/ 1 00 kg —
                                     1701 11 90 100                            40,19     (')
                                     1701 11 90 910                            38,92     (')
                                     1701 11 90 950                                      0
                                     1701 12 90 100                            40,19     (')
                                     1701 12 90 910                            38,92     (')
                                     1701 12 90 950                                      (2)
                                                                 — ECU/ 1 % of sucrose x 100 kg —
                                     1701 91 00 000                              0,4369
                                                                           — ECU/ 1 00 kg —
                                     1701 99 10 100                            43,69
                                     1701 99 10 910                            43,58
                                     1701 99 10 950                            43,58
                                                                 — ECU/ 1 % of sucrose x 100 kg —
                                     1701 99 90 100                              0,4369
                        (') 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 17a (4) of Regulation (EEC) No 1785/81 .
                        (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).
                        (3) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and
                            Montenegro) may be granted only where the conditions laid down in amended
                            Regulation (EEC) No 990/93 and Regulation (EC) No 462/96 are observed .