CELEX: 31996R2099
Language: en
Date: 1996-10-31 00:00:00
Title: COMMISSION REGULATION (EC) No 2099/96 of 31 October 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

1 . 11 . 96                I EN               Official Journal of the European Communities                             No L 282/35
                                           COMMISSION REGULATION (EC) No 2099/96
                                                            of 31 October 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
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 1599/96 (2) and in particular Article 17 (5) (a) and ( 15),          the production refund applicable, pursuant to Council
                                                                        Regulation (EEC) No 1010/86 ( 5), as last amended by
Whereas Article 17 ( 1 ) and (2) of Regulation (EEC) No                 Regulation (EC) No 1126/96, 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 (6) as
refund where these products are exported in the form of                 amended by Regulation (EC) No 1380/95 (7), 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 (K); 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 11 of the Agreement on Agriculture                          products appearing in Annex A to Regulation (EC) No
concluded under the Uruguay Round lay down that the                      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
                                                                        shown in the Annex hereto .
exported without further processing;
                                                                        2. Refunds on exports to the Federal Republic of
Whereas the refunds fixed under this Regulation may be
                                                                        Yugoslavia (Serbia and Montenegro) may be granted only
fixed in advance; whereas the market situation over the
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
                                                                        observed .
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                                               Article 2
II to the Treaty may be jeopardized by the fixing in
advance of high refund rates; whereas it is therefore                   This Regulation shall enter into force on 1 November
necessary to take precautionary measures in such situa­                  1996 .
(') OJ No L 177, 1 . 7. 1981 , p. 4.                                    (5) OJ  No  L  94, 9 . 4. 1986, p. 9.
I1) OJ No L 206, 16. 8. 1996, p. 43.                                    (*) OJ  No  L  102, 28 . 4. 1993 , p. 14.
0 OJ No L 136, 31 . 5. 1994, p. 5 .                                     0   OJ  No  L  138 , 21 . 6. 1995, p. 1 .
(j OJ No L 30, 8. 2. 1996, p. 24.                                       (8) OJ  No  L  65, 15. 3. 1996, p. . 1 .
 ---pagebreak--- No L 282/36          EN                   Official Journal of the European Communities                                                    1 . 11 . 96
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 31 October 1996 .
                                                                                          For the Commission
                                                                                         Martin BANGEMANN
                                                                                   Member of the Commission
                                                                    ANNEX
           to the Commission Regulation of 31 October 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/ 1 00 kg
                                       Product                                     In case of
                                                                                 advance fixing                         Other
                                                                                   of refunds
          White sugar:
          — pursuant to Article 4 (5) (b) of Regulation (EC)                            8,49                             8,49
                No 1222/94
          — in all other cases                                                        43,05                             43,05
           Raw sugar:
          — pursuant to Article 4 (5) (b) of Regulation (EC)                            7,81                             7,81
                No 1222/94
          — in all other cases                                                        39,61                             39,61
          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)                     8,49 (4) x S (')                  8,49 (4) x S (')
                No 1222/94                                                             100                               100
          — in all other cases                                                  43,05 (4) x S (')                43,05 (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)                           8,49 (3)                          8,49 0
                No 1222/94
          — in all other cases                                                        43,05 0                          43,05 0
          (') '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).