CELEX: 31992R3120
Language: en
Date: 1992-10-29
Title: Commission Regulation (EEC) No 3120/92 of 28 October 1992 fixing the export refunds on syrups and certain other sugar products exported in the natural state

No L 312/26                               Official Journal of the European Communities                                  29 . 10. 92
                                       COMMISSION REGULATION (EEC) No 3120/92
                                                        of 28 October 1992
                   fixing the export refunds on syrups and certain other sugar products exported in
                                                         the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          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
Economic Community,
                                                                     Whereas the basic amount of the refund on the other
                                                                     products listed in Article 1 (1 ) (d) of Regulation (EEC) No
                                                                     1785/81 exported in the natural state must be equal to
Having regard to Council Regulation (EEC) No 1785/81                 one-hundredth of an amount which takes account, on the
of 30 June 1981 on the common organization of the                    one hand, of the difference between the intervention
markets in the sugar sector ('), as last amended by Regula­          price for white sugar for the Community areas without
tion (EEC) No 61 /92 (2), and in particular Article 19 (4)           deficit for the month for which the basic amount is fixed
thereof,                                                             and quotations or prices for white sugar on the world
                                                                     market and, on the other, of the need to establish a
                                                                     balance between the use of Community basic products in
                                                                     the manufacture of processed v goods for export to third
Whereas Article 19 of Regulation (EEC) No 1785/81                    countries and the use of third country products brought
provides that the difference between quotations or prices            in under inward processing arrangements ;
on the world market for the products listed in Article 1
(1 ) (d) of that Regulation and prices for those products
within the Community may be covered by an export
refund ;
                                                                     Whereas the application of the basic amount may be
                                                                      limited to some of the products listed in Article 1 (1) (d)
                                                                     of Regulation (EEC) No 1785/81 ;
Whereas Article 8 of Council Regulation (EEC) No
766/68 of 18 June 1968 laying down general rules for
granting export refunds on sugar (3), as last amended by
Regulation (EEC) No 1489/76 (4), provides that the export
refund on 100 kilograms of the products listed in Article            Whereas Article 19 of Regulation (EEC) No 1785/81
 1 (1 ) (d) of Regulation (EEC) No 1785/81 is equal to the            makes provision for setting refunds for export in the
basic amount multiplied by the sucrose content, includ­               natural state of products referred to in Article 1 (1 ) (f) and
ing, where appropriate, other sugars expressed as sucrose ;          (g) of that Regulation ; whereas the refund must be fixed
whereas the sucrose content of the product in question is             per 100 kilograms of dry matter, taking account of the
determined in accordance with Article 13 of Commission                export refund for products falling within CN code
Regulation (EEC) No 394/70 of 2 March 1970 on detailed                1702 30 91 and for products referred to in Article 1 (1 ) (d)
rules for granting export refunds on sugar Q, as last                 of Regulation (EEC) No 1 785/81 and of the economic
amended by Regulation (EEC) No 1684/92 (*);                           aspects of the intended exports ; whereas the refund is to
                                                                      be granted only for products complying with the condi­
                                                                      tions in Article 3 of Commission Regulation (EEC) No
                                                                      1469/77 of 30 June 1977 laying down rules for applying
                                                                      the levy and the refund in respect of isoglucose and
Whereas Article 7 of Regulation (EEC) No 766/68                       amending Regulation (EEC) No 192/75 (8), as amended by
provides that the basic amount of the refund on sorbose               Regulation (EEC) No 1714/88 H ;
exported in the natural state must be equal to the basic
amount of the refund less one-hundredth of the produc­
 tion refund applicable, pursuant to Council Regulation
(EEC) No 1400/78 of 20 June 1978 laying down general
                                                                      Whereas, if the refund system is to operate normally,
(')  OJ   No  L 177, 1 . 7. 1981 , p. 4.                              refunds should be calculated on the following basis :
(2)  OJ   No  L 6, 11 . 1 . 1992, p. 19.
 (3) 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.
 0   OJ   No  L 50, 4. 3. 1970, p. 1 .                                (•) OJ No L 162, 1 . 7. 1977, p. 9.
 («) OJ   No  L 176, 30. 6. 1992, p. 31 .                             O OJ No L 152, 18 . 6. 1988, p. 23.
 ---pagebreak--- 29. 10 . 92                             Official Journal of the European Communities                              No L 312/27
— in the case of currencies which are maintained in rela­         Serbia and Montenegro ; whereas this prohibition does
    tion to each other at any given moment within a band          not apply to certain situations as given in the limitative
    of 2,25 % , a rate of exchange based on their central         enumeration laid down in Articles 2 and 3 ; whereas this
    rate, multiplied by the corrective factor provided for in     should be taken into account when refunds are fixed ;
    the last subparagraph of Article 3 (1 ) of Council Regu­
    lation (EEC) No 1 676/85 ('), as last amended by Regu­        Whereas the measures provided for in this Regulation are
    lation (EEC) No 2205/90 (2),                                  in accordance with the opinion of the Management
                                                                  Committee for Sugar,
— for the other currencies, an exchange rate based on an
    average of the ecu rates published in the Official
    Journal of the European Communities, C series, over
    a period to be determined, multiplied by the coeffi­           HAS ADOPTED THIS REGULATION :
    cient referred to in the preceding indent ;
Whereas the refunds referred to above must be fixed every                                     Article 1
month ; whereas they may be altered in the intervening
period ;                                                          The export refunds on the products listed in Article 1 (1)
                                                                  (d), (f) and (g) of Regulation (EEC) No 1785/81 , exported
Whereas application of these quotas results in fixing              in the natural state, shall be set our in the Annex hereto.
refunds for the products in question at the levels given in
the Annex to this Regulation ;
                                                                                              Article 2
Whereas Council Regulation (EEC) No 1432/92 (3), as
amended by Regulation (EEC) No 201 5/92 (4), prohibits            This Regulation shall enter into force on 1 November
trade between the Community and the Republics of                   1992.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                   Done at Brussels, 28 October 1992.
                                                                             For the Commission
                                                                              Ray MAC SHARRY
                                                                         Member of the Commission
(') OJ  No  L  164, 24. 6. 1985, p. 1 .
0   OJ  No  L 201 , 31 . 7. 1990, p. 9.
(3) OJ  No  L 151 , 3. 6. 1992, p. 4.
O   OJ  No  L 205,  22. 7. 1992, p. 2.
 ---pagebreak--- No L 312/28                             Official Journal of the European Communities                                                29 . 10. 92
                                                                   ANNEX
            to the Commission Regulation of 28 October 1992 fixing the export refunds on syrups and
                                certain other sugar products exported in die natural state
                                                                                                                             (ECU)
                                                      Basic amount per percentage point
                          Product code
                                                             of sucrose content and           Amount of refund per 100 kg
                                                       per 100 kg net of the product                  of dry matter (2) (3)
                                                                 in question (') (3)
                        1702 40 10 100                                                                       39,89
                        1702 60 10 000                                                                       39,89
                        1702 60 90 000                               0,3989
                        1702 90 30 000                                                                       39,89      1
                        1702 90 60 000                               0,3989
                        1702 90 71 000                               0,3989
                        1702 90 90 900                               0,3989
                        2106 90 30 000                                                                       39,89
                        2106 90 59 000                                0,3989
            (') 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.
             (3) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid
                 supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council
                 Regulation (EEC) No 1432/92.
             NB : The product codes and the footnotes are defined in amended Commission Regulation (EEC)
                    No 3846/87.