CELEX: 31996R1714
Language: en
Date: 1996-08-30 00:00:00
Title: COMMISSION REGULATION (EC) No 1714/96 of 30 August 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

31 . 8 . 96                 EN               Official Journal of the European Communities                                No L 221 /39
                                               COMMISSION REGULATION (EC) No 1714/96
                                                                of 30 August 1 996
                            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 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 462/95 (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
  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
 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 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 September
necessary to take precautionary measures in such situa­                     1996 .
(')    OJ   No    L  177, 1 . 7. 1981 , p. 4.                              H     OJ No  L  94, 9 . 4. 1986, p. 9.
(2)   OJ    No    L 206, 16. 8 . 1996, p. 43.                              (")   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 .
 4    OJ    No    L 30, 8 . 2. 1996, p. 24.                                (8)   OJ No  L  65, 15. 3 . 1996, p. 1 .
 ---pagebreak--- No L 221 /40     EN             Official Journal of the European Communities                        31 . 8 . 96
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 30 August 1996.
                                                                   For the Commission
                                                                   Martin BANGEMANN
                                                                Member of the Commission
 ---pagebreak--- 31 . 8 . 96              EN                  Official Journal of the European Communities                                                   No L 221 /41
                                                                       ANNEX
               to the Commission Regulation of 30 August 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/ 100 kg
                                          Product                                      In case of
                                                                                    advance fixing                         Other
                                                                                       of refunds
              White sugar:
              — pursuant to Article 4 (5) (b) of Regulation (EC)                          5,32                              8,318
                   No 1222/94
              — in all other cases                                                      37,518                            40,518
              Raw sugar:
              — pursuant to Article 4 (5) (b) of Regulation (EC)                          4,89                              7,65
                   No 1222/94
              — in all other cases                                                      34,52                             37,28
              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)                    5,32 (4) x S (')                  8,318 (4) x S (')
                   No 1222/94                                                             100                               100
             — in all other cases                                                 37,518 (4) x S (')               40,51 8 (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)                          5,32 (3)                          8,318 (3)
                  No 1222/94
            — in all other cases                                                       37,518 (3)                        40,518 (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.
            (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).