CELEX: 31997R2173
Language: en
Date: 1997-10-31 00:00:00
Title: COMMISSION REGULATION (EC) No 2173/97 of 31 October 1997 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 . 97               I EN 1             Official Journal of the European Communities                                    L 298 /55
                                              COMMISSION REGULATION (EC) No 2173/97
                                                              of 31 October 1997
                           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 1599/96 (2) and in particular Article 17 (5) (a) and ( 15),
                                                                            Whereas Article 4 (5) (b) of Regulation (EC) No 1222/94
                                                                             provides that in the absence of the proof referred to in
  Whereas Article 17 ( 1 ) and (2) of Regulation (EEC) No
                                                                            Article 4 (5) (a) of that Regulation, a reduced rate of export
                                                                            refund has to be fixed, taking account of the amount of
   1785/81 provides that the differences between the prices                 the production refund applicable, pursuant to Council
  in international trade for the products listed in Article 1
  ( 1 ) (a), (c), (d), (f), (g) and (h) of that Regulation and prices
                                                                            Regulation (EEC) No 1010/86 (5), as last amended by
                                                                            Commission Regulation (EC) No 11 26/96 (% for the basic
  within the Community may be covered by an export                          product in question, used during the assumed period of
  refund where these products are exported in the form of                   manufacture of the goods;
  goods listed in the Annex to that Regulation; whereas
  Commission Regulation (EC) No 1222/94 of 30 May 1994
  laying down common implementing rules for granting                        Whereas the measures provided for in this Regulation are
  export refunds on certain agricultural products exported                  in accordance with the opinion of the Management
  in the form of goods not covered by Annex II to the                       Committee for Sugar,
  Treaty and the criteria for fixing the amount of such
  refunds (*) as last amended by Regulation (EC) No
  1909/97 (4) specifies the products for which a rate of
  refund should be fixed, to be applied where these
  products are exported in the form of goods listed in
  Annex I to Regulation (EEC) No 1785/81 ;
                                                                            HAS ADOPTED THIS REGULATION :
 Whereas, in accordance with Article 4 ( 1 ) of Regulation
 (EC) No 1222/94, the rate of the refund per 100 kilo­
 grams for each of the basic products in question must be                                              Article 1
 fixed for each month ;
                                                                           The rates of the refunds applicable to the basic products
 Whereas Article 17 (3) of Regulation ( EEC) No 1785/81
                                                                           appearing in Annex A to Regulation (EC) No 1222/94
 and Article 1 1 of the Agreement on Agriculture
                                                                           and listed in Article 1 ( 1 ) and (2) of Regulation (EEC) No
                                                                           1785/ 81 , exported in the form of goods listed in Annex I
 concluded under the Uruguay Round lay down that the
                                                                           to Regulation (EEC) No 1785/81 , are fixed as shown in
 export refund for a product contained in a good may not                   the Annex hereto .
 exceed the refund applicable to that product when
 exported without further processing;
                                                                                                       Article 2
Whereas the refunds fixed under this Regulation may be
 fixed in advance ; whereas the market situation over the
next few months cannot be established at the moment;
                                                                          This Regulation shall enter into force on 1 November
                                                                           1997 .
(')   OJ   L   177,  1 . 7. 1981 , p. 4.
(2)   OJ   L  206,   16. 8 . 1996, p. 43 .
0     OJ   L  136,   31 . 5. 1994, p. 5.                                  0 OJ L 94, 9. 4. 1986, p. 9.
 4)   OJ   L  268 ,  1 . 10 . 1997, p. 20 .                               («) OJ L 150 , 25. 6. 1996, p. 3
 ---pagebreak--- L 298/56   | EN             Official Journal of the European Communities                        1 . 11 . 97
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States .
         Done at Brussels, 31 October 1997.
                                                                For the Commission
                                                               Martin BANGEMANN
                                                            Member of the Commission
 ---pagebreak--- I. II . 97           PEN                    Official Journal of the European Communities                                                    L 298 / 57
                                                                      ANNEX
            to the Commission Regulation of 31 October 1997 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)                            8,57                             8,57
                  No 1222/94
            — in all other cases                                                        40,56                             40,56
            Raw sugar:
           — pursuant to Article 4 (5) (b) of Regulation (EC)                             7,89                             7,89
                  No 1222/94
            — in all other cases                                                        37,31                             37,31
            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)                      8,57 (4) x S (')                  8,57 (4) x S (')
                  No 1222/94                                                             100                               100
           — in all other cases                                                   40,56 (4) x S (')                40,56 (4) x S (')
                                                                                         100                               100
            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):
           — pursuant to Article 4 (5) (b) of Regulation (EC)                            8,57 0                            8,57f)
                  No 1222/94
           — in all other cases                                                         40,56 0                          40,56 f)
           (') '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 % .
           (-1) 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).