CELEX: 31996R2408
Language: en
Date: 1996-12-18 00:00:00
Title: COMMISSION REGULATION (EC) No 2408/96 of 18 December 1996 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

19 . 12 . 96           EN                Official Journal of the European Communities                                No L 329/3
                                           COMMISSION REGULATION (EC) No 2408/96
                                                         of 18 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 f7), 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 381 3/92 (9), as last
  within the Community may be covered by an export                       amended by Regulation (EC) No 1 50/95 (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 (12);
 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 (13), 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 Q;                 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.
                                                                       0 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.                              0 OJ     No L  387, 31 . 12. 1992, p. 1 .
(2)   OJ   No  L 206, 16. 8 . 1996, p. 43.                             H OJ     No  L  22, 31 . 1 . 1995, p. 1 .
 1    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.
(5)   OJ   No  L 214, 8 . 9. 1995, p. 16.                              0 3 OJ No    L  161 , 29. 6. 1996, p. 62.
 ---pagebreak--- No L 329/4    I EN I                  Official Journal of the European Communities                          19 . 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 19 December 1996.
           This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 18 December 1996 .
                                                                                   For the Commission
                                                                                      Franz FISCHLER
                                                                              Member of the Commission
                                                               ANNEX
           to the Commission Regulation of 18 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                         38,19    (')
                                     1701   11 90   950                                  0
                                     1701   12 90   100                         40,19    (')
                                     1701   12 90   910                         38,19    (■)
                                     1701   12 90   950                                  (2)
                                                                  — ECU/ 1 % of sucrose x 100 kg —
                                     1701 91 00 000                              0,4369
                                                                            — ECU/ 100 kg —
                                     1701 99 10 100                             43,69
                                     1701 99 10 910                             43,29
                                     1701 99 10 950                             43,29
                                                                  — 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 /o,
                            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 .