CELEX: 31997R0980
Language: en
Date: 1997-05-30 00:00:00
Title: COMMISSION REGULATION (EC) No 980/97 of 30 May 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

No L 141 /34                 EN               Official Journal of the European Communities                                   31 . 5 . 97
                                            COMMISSION REGULATION (EC) No 980/97
                                                              of 30 May 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
                                                                        advance of high refund rates; whereas it is therefore
Community,
                                                                        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 1 599/96 (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
                                                                        Article 4 (5) (a) of that Regulation, a reduced rate of export
Whereas Article 17 ( 1 ) and (2) of Regulation (EEC) No                 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             Regulation (EEC) No 1010/86 (5), as last amended by
( 1 ) (a), (c), (d), (f), (g) and (h) of that Regulation and prices     Commission Regulation (EC) No 11 26/96 (6), 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 (3) as last amended by Regulation (EC) No
229/96 (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 Regu­
lation (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
 concluded under the Uruguay Round lay down that the                     1785/81 , exported in the form of goods listed in Annex I
 export refund for a product contained in a good may not                 to Regulation (EEC) No 1785/81 , are fixed as shown in
 exceed the refund applicable to that product when                       the Annex hereto .
 exported without further processing;
 Whereas the refunds fixed under this Regulation may be                                             Article 2
 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 June 1997.
 (') OJ No L 1 //, 1 . /. 1 "o 1 , p. 4.
 P) OJ No L 206, 16. 8 . 1996, p. 43.
 n OJ No L 136, 31 . 5. 1994, p. 5.                                      (5) OJ No L 94, 9. 4. 1986, p. 9.
 (") OJ No L 30, 8 . 2. 1996, p. 24.                                     (") OJ No L 150, 25. 6. 1996, p. 3.
 ---pagebreak--- 31 . 5. 97           ΓΕΝΙ                   Official Journal of the European Communities                                                   No L 141 /35
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 30 May 1997.
                                                                                            For the Commission
                                                                                            Martin BANGEMANN
                                                                                      Member of the Commission
                                                                     ANNEX
             to the Commission Regulation of 30 May 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)                           3,26                              3,26
                 No 1222/94
            — in all other cases                                                       39,87                             39,87
            Raw sugar:
            — pursuant to Article 4 (5) (b) of Regulation (EC)                           2,99                             2,99
                 No 1222/94
            — in all other cases                                                       36,68                             36,68
            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)                     3,26 (4) x S (')                  3,26 (4) x S (')
                 No 1222/94                                                             100                               100
           — in all other cases                                                  39,87 (4) x S (')                 39,87 (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)                           3,26 (3)                          3,26 (3)
                 No 1222/94
           — in all other cases                                                        39,87 (3)                        39,87 (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 % .
           (') 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).