CELEX: 31996R0977
Language: en
Date: 1996-05-31 00:00:00
Title: COMMISSION REGULATION (EC) No 977/96 of 31 May 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 131 /28                EN                Official Journal of the European Communities                                     1 . 6. 96
                                             COMMISSION REGULATION (EC) No 977/96
                                                               of 31 May 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;
 Having regard to Council Regulation (EEC) No 1785/81
                                                                           Whereas Article 4 (5) (b) of Regulation (EC) No 1222/94
 of 30 June 1981 on the common organization of the                         provides that in the absence of the proof referred to in
 market in sugar ('), as last amended by Regulation (EC)                   Article 4 (5) (a) of that Regulation, a reduced rate of export
                                                                           refund has to be fixed, taking account of the amount of
 No 1101 /95 (2) and in particular Article 17 (5) (a) and ( 15),
                                                                           the production refund applicable, pursuant to Council
                                                                           Regulation (EEC) No 1010/86 (*), as last amended by
 Whereas Article 17 (1 ) and (2) of Regulation (EEC) No                    Regulation (EC) No 1101 /95, 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 (*) 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
 (EC) No 1222/94, the rate of the refund per 100 kilo­                     HAS ADOPTED THIS REGULATION:
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
exported without further processing,                                       in Annex I to Regulation (EEC) No 1785/81 , are fixed as
                                                                          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 June 1996.
(') OJ No L 177, 1 . 7. 1981 , p. 4.                                      0   OJ  No  L  94, 9. 4. 1986, p. 9.
0 OJ No L 110, 17. 5. 1995, p. 1 .                                        (6) OJ  No  L  102, 28. 4. 1993, p. 14.
j3) 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--- 1 . 6 . 96            EN                   Official Journal of the European Communities                                                 No L 131 /29
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 31 May 1996.
                                                                                           For the Commission
                                                                                           Martin BANGEMANN
                                                                                     Member of the Commission
                                                                     ANNEX
            to the Commission Regulation of 31 May 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 sugan
           — pursuant to Article 4 (5) (b) of Regulation (EC)                            0,00                            2,35
                 No 1222/94
           — in all other cases                                                        35,48                            38,48
            Raw sugan
           — pursuant to Article 4 (5) (b) of Regulation (EC)                            0,00                            2,16
                 No 1222/94
           — in all other cases                                                        32,64                            35,40
            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)                     0,00 (4) x S f')                 2,35 («) x S n
                 No 1222/94                                                             100                              100
           — in all other cases                                                  35,48 f4) x S 0)                 38,48 f4) x S Π
                                                                                        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)                           0,00 (3)                         2,35 (3)
                 No 1222/94
           — in all other cases                                                        35,48 0                          38,48 (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).