CELEX: 31996R1545
Language: en
Date: 1996-07-31 00:00:00
Title: COMMISSION REGULATION (EC) No 1545/96 of 31 July 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

No L 191 /40             I EN ]             Official Journal of the European Communities                                     1 . 8 . 96
                                          COMMISSION REGULATION (EC) No 1545/96
                                                             of 31 July 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 1126/96 (2) and in particular Article 17 (5) (a) and ( 15),         the production refund applicable, pursuant to Council
                                                                        Regulation (EEC) No 1010/86 0, 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 f5) 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
and Article 11 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
export refund for a product contained in a good may not                 1222/94 and listed in Article 1 ( 1 ) and (2) of Regulation
exceed the refund applicable to that product when                      (EEC) No 1785/81 , exported in the form of goods listed
                                                                       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
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 August 1 996.
(') OJ No L 177, 1 . 7. 1981 , p. 4.                                   0   OJ  No  L  94, 9. 4. 1986, p. 9.
I1) OJ No L 150, 25. 6. 1996, p. 3.                                    (6) 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 .
b) OJ No L 30, 8. 2. 1996, p. 24.                                      (8) OJ  No  L  65, 15. 3. 1996, p. 1 .
 ---pagebreak--- 1 . 8 . 96            EN                   Official Journal of the European Communities                                                 No L 191 /41
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 31 July 1996.
                                                                                           For the Commission
                                                                                           Martin BANGEMANN
                                                                                    Member of the Commission
                                                                     ANNEX
           to the Commission Regulation of 31 July 1996 fixing the rates of the refunds
           applicable to certain products in the sugar sector exported in die 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)                            3,52                            6,52
                 No 1222/94
           — in all other cases                                                        35,72                            38,72
           Raw sugan
           — pursuant to Article 4 (5) (b) of Regulation (EC)                           3,24                             6,00
                 No 1222/94
           — in all other cases                                                        32,86                            35,62
           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)                     3,52 C) x S 0)                   6,52 f4) x S (')
                 No 1222/94                                                             100                              100
           — in all other cases                                                  35,72 n x S (')                 38 ,72 n x s n
                                                                                        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)                           3,52 (3)                         6,52 0
                 No 1222/94
           — in all other cases                                                        35,72 0                         38,72 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).