CELEX: 31996R0188
Language: en
Date: 1996-01-31 00:00:00
Title: COMMISSION REGULATION (EC) No 188/96 of 31 January 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 . 2. 96                 I EN               Official Journal of the European Communities                               No L 25/53
                                              COMMISSION REGULATION (EC) No 188 /96
                                                             of 31 January 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 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 (6) as
 refund where these products are exported in the form of                 amended by Regulation (EC) No 1380/95 Q, 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 21 85/95 (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
 2915/95 (4) specifies the products for which a rate of                  Whereas the measures provided for in this Regulation are
 refund should be fixed, to be applied where these                       in accordance with the opinion of the Management
 products are exported in the form of goods listed in                    Committee for Sugar,
 Annex I to Regulation (EEC) No 1785/81 ;
 Whereas, in accordance with Article 4 ( 1 ) of Regulation
 (EC) No 1222/94, the rate of the refund per 100 kilo­                   HAS ADOPTED THIS REGULATION :
 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
 and Article 1 1 of the Agreement on Agriculture                         1 . The rates of the refunds applicable to the basic
 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 2815/95 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 February 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 .                           (j 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 .
(<)  OJ   No    L 305,    19. 12. 1995, p. 33.                          (8) OJ No L 297, 9. 12. 1995, p. 1 .
 ---pagebreak--- No L 25/54          lENl                   Official Journal of the European Communities                                                    1 . 2. 96
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 31 January 1996.
                                                                                           For the Commission
                                                                                           Martin BANGEMANN
                                                                                    Member of the Commission
                                                                     ANNEX
            to the Commission Regulation of 31 January 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)                             0                                1,98
                 No 1222/94
           — in all other cases                                                        36,64                             39,64
            Raw sugar :
           — pursuant to Article 4 (5) (b) of Regulation (EC)                             0                                1,82
                 No 1222/94
           — in all other cases                                                        33,71                             36,47
           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)                         on x s o                      1 >98 (4) x S (')
                 No 1222/94                                                             100                               100
           — in all other cases                                                  36,64 Π x S (')                  39,64 (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(3)                          1 >98 0
                 No 1222/94
           — in all other cases                                                        36,64 (3)                         39,64 (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.
          (*) 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).