CELEX: 31994R2653
Language: en
Date: 1994-11-01 00:00:00
Title: Commission Regulation (EC) No 2653/94 of 31 October 1994 fixing the export refunds on syrups and certain other sugar products exported in the natural state

No L 284/ 12                               Official Journal of the European Communities                                  1 . 11 . 94
                                         COMMISSION REGULATION (EC) No 2653/94
                                                         of 31 October 1994
                   fixing the export refunds on syrups and certain other sugar products exported in
                                                          the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          (EEC) No 1400/78 of 20 June 1978 laying down general
                                                                     rules for the production refund on sugar used in the
                                                                     chemical industry Q, to the products listed in the Annex
                                                                     to the last mentioned Regulation ;
Having regard to the Treaty establishing the European
Community,
                                                                     Whereas the basic amount of the refund on the other
Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of the                    products listed in Article 1 (1 ) (d) of Regulation (EEC) No
markets in the sugar sector (!), as last amended by Regula­           1785/81 exported in the natural state must be equal to
                                                                     one-hundredth of an amount which takes account, on the
tion (EC) No 1 33/94 (2), and in particular Article 19 (4)
thereof,                                                             one hand, of the difference between the intervention
                                                                     price for white sugar for the Community areas without
                                                                     deficit for the month for which the basic amount is fixed
                                                                     and quotations or prices for white sugar on the world
                                                                     market and, on the other, of the need to establish a
Whereas Article 19 of Regulation (EEC) No 1785/81                    balance between the use of Community basic products in
provides that the difference between quotations or prices            the manufacture of processed goods for export to third
on the world market for the products listed in Article 1             countries and the use of third country products brought
( 1 ) (d) of that Regulation and prices for those products           in under inward processing arrangements ;
within the Community may be covered by an export
refund :
Whereas Article 8 of Council Regulation (EEC) No                     Whereas the application of the basic amount may be
766/68 of 18 June 1968 laying down general rules for                 limited to some of the products listed in Article 1 ( 1 ) (d)
granting export refunds on sugar (3), as last amended by             of Regulation (EEC) No 1785/81 ;
Regulation (EEC) No 1489/76 (4), provides that the export
refund on 100 kilograms of the products listed in Article
1 (1 ) (d) of Regulation (EEC) No 1785/81 is equal to the
basic amount multiplied by the sucrose content, includ­
ing, where appropriate, other sugars expressed as sucrose ;
whereas the sucrose content of the product in question is
determined in accordance with Article 13 of Commission               Whereas Article 19 of Regulation (EEC) No 1785/81
Regulation (EEC) No 394/70 of 2 March 1970 on detailed               makes provision for setting refunds for export in the
rules for granting export refunds on sugar (^ as last                natural state of products referred to in Article 1 (1 ) (f) and
amended by Regulation (EC) No 2529/94 (6) ;                          (g) of that Regulation ; whereas the refund must be fixed
                                                                     per 100 kilograms of dry matter, taking account of the
                                                                     export refund for products falling within CN code
                                                                      1702 30 91 and for products referred to in Article 1 (1 ) (d)
                                                                     of Regulation (EEC) No 1785/81 and of the economic
Whereas Article 7 of Regulation (EEC) No 766/68                      aspects of the intended exports ; whereas the refund is to
provides that the basic amount of the refund on sorbose
                                                                     be granted only for products complying with the condi­
exported in the natural state must be equal to the basic             tions in Article 3 of Commission Regulation (EEC) No
amount of the refund less one-hundredth of the produc­                1469/77 of 30 June 1977 laying down rules for applying
tion refund applicable, pursuant to Council Regulation               the levy and the refund in respect of isoglucose and
                                                                     amending Regulation (EEC) No 192/75 (8), as amended by
(«)  OJ   No L  177, 1 . 7. 1981 , p. 4.                             Regulation (EEC) No 1714/88 (9) ;
0    OJ   No L 22, 27. 1 . 1994, p. 7.
0    OJ   No L  143, 25. 6. 1968, p. 6.
(4)  OJ   No L  167, 26. 6. 1976, p. 13.                             0 OJ No L 170, 27. 6. 1978, p. 9.
(*)  OJ   No L 50, 4. 3 . 1970, p. 1 .                               (8) OJ No L 162, 1 . 7. 1977, p. 9 .
(6)  OJ   No L 269, 20. 10 . 1994, p. 14.                            0 OJ No L 152, 18 . 6. 1988, p. 23.
 ---pagebreak---   1 . 11 . 94                              Official Journal of the European Communities                             No L 284/ 13
Whereas the representative market rates defined in Article           whereas this prohibition does not apply in certain situa­
 1 of Council Regulation (EEC) No 3813/92 ('), as                    tions as comprehensively listed in Articles 2, 4, 5 and 7
 amended by Regulation (EC) No 3528/93 (2), are used to              thereof ; whereas account should be taken of this fact
 convert amounts expressed in third country currencies               when fixing the refunds ;
 and are used as the basis for determining the agricultural
 conversion rates of the Member States' currencies ;                 Whereas the measures provided for in this Regulation are
whereas detailed rules on the application and determina­             in accordance with the opinion of the Management
 tion of these conversions were set by Commission Regu­              Committee for Sugar,
 lation (EEC) No 1068/93 (3), as amended by Regulation
(EC) No 547/94 (4) ;                                                 HAS ADOPTED THIS REGULATION :
Whereas the refunds referred to above must be fixed every
 month ; whereas they may be altered in the intervening                                         Article 1
 period ;
                                                                     The export refunds on the products listed in Article 1 ( 1 )
Whereas application of these quotas results in fixing                (d), (f) and (g) of Regulation (EEC) No 1785/81 , exported
 refunds for the products in question at the levels given in         in the natural state, shall be set out in the Annex hereto.
 the Annex to this Regulation ;
                                                                                                Article 2
Whereas Council Regulation (EEC) No 990/93 (*) prohi­
bits trade between the European Community and the                    This Regulation shall enter into force on 1 November
 Federal Republic of Yugoslavia (Serbia and Montenegro) ;            1994.
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels, 31 October 1994.
                                                                                For the Commission
                                                                                  Rene STEICHEN
                                                                           Member of the Commission
(')  OJ   No  L 387, 31 . 12. 1992, p. 1 .
(2)  OJ   No  L 320, 22. 12. 1993, p. 32.
(3)  OJ   No  L 108 , 1 . 5. 1993, p. 106.
(4)   OJ  No  L 69, 12. 3 . 1994, p. 1 .
O    OJ   No  L 102, 28 . 4. 1993, p. 14.
 ---pagebreak--- No L 284/ 14                        Official Journal of the European Communities                           1 . 11 . 94
                                                           ANNEX
             to the Commission Regulation of 31 October 1994 fixing the export refunds on syrups and
                            certain other sugar products exported in the natural state
                                       Product code                       Amount of refund
                                                                    — ECU/ 100 kg dry matter —
                                    1702 40 10 100                          34,56    (2) (3)
                                     1702 60 10 000                         34,56    (2)(3)
                                                                 — ECU/ 1 % sucrose x 100 kg —
                                     1702 60 90 900                           0,3456 (') (3)
                                                                    — ECU/ 100 kg dry matter —
                                     1702 90 30 000                         34,56     (2)(3)
                                                                  — ECU/ 1 % sucrose x 100 kg —
                                     1702 90 60 000                           0,3456 00
                                     1702 90 71 000                           0,3456 C)(3)
                                     1 702 90 90 800                          0,3456 (') 0 0
                                                                    — ECU/ 100 kg dry matter —
                                     2106 90 30 000                         34,56     OH
                                                                  — ECU/ 1 % sucrose x 100 kg —
                                     2106 90 59 000                           0,3456OO
                        (') The basic amount is not applicable to syrups which are less than 85 % pure
                             (Regulation (EEC) No 394/70). Sucrose content is determined in accordance
                             with Article 13 of Regulation (EEC) No 394/70 .
                        (2) Applicable only to products referred to in Article 3 of Regulation (EEC)
                             No 1469/77.
                        (•') Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Monte­
                             negro) may be granted only where the conditions laid down in Regulation
                             (EEC) No 990/93 are observed.
                        (4) The basic amount is not applicable to the product defined under point 2 of the
                             Annex to Regulation (EEC) No 3513/92 (OJ No L 355, 5. 12. 1992, p. 12).
                        NB : The product codes and the footnotes are defined in Commission
                                 Regulation (EEC) No 3846/87 (OJ No L 366, 24. 12. 1987, p. 1 ), as
                                 last amended by Regulation (EC) No 2079/94 (OJ No L 215,
                                 20 . 8 . 1994, p. 2).