CELEX: 31995R0308
Language: en
Date: 1995-02-15 00:00:00
Title: COMMISSION REGULATION (EC) No 308/95 of 15 February 1995 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

No L 36/ 14           EN                Official Journal of the European Communities                                  16 . 2. 95
                                        COMMISSION REGULATION (EC) No 308/95
                                                       of IS February 1995
                    fixing the export refunds on white sugar and raw sugar exported in its unaltered
                                                                state
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas, in special cases, the amount of the refund may
                                                                       be fixed by other legal instruments ;
  Having regard to the Treaty establishing the European
  Community,                                                          Whereas Council Regulation (EEC) No 990/93 (8) prohi­
                                                                       bits trade between the European Community and the
  Having regard to Council Regulation (EEC) No 1785/81                 Federal Republic of Yugoslavia (Serbia and Montenegro) ;
  of 30 June 1981 on the common organization of the                   whereas this prohibition < does not apply in certain situa­
  markets in the sugar sector ('), as last amended by the Act          tions as comprehensively listed in Articles 2, 4, 5 and 7
 of Accession of Austria, Finland and Sweden to the Euro­              thereof ; whereas account should be taken of this fact
 pean Union (2), and in particular point (a) of the first             when fixing the refunds ;
 subparagraph of Article 19 (4) thereof,
                                                                      Whereas the representative market rates defined in Article
 Whereas Article 19 of Regulation (EEC) No 1785/81                     1 of Council Regulation (EEC) No 3813/92 (9), as last
 provides that the difference between quotations or prices             amended by Regulation (EC) No 1 50/95 (10), are used to
 on the world market for the products listed in Article 1              convert amounts expressed in third country currencies
 (1 ) (a) of that Regulation and prices for those products             and are used as the basis for determining the agricultural
 within the Community may be covered by an export                      conversion rates of the Member States' currencies ;
 refund ;                                                             whereas detailed rules on the application and determina­
                                                                       tion of these conversions were set by Commission Regu­
 Whereas Council Regulation (EEC) No 766/68 of 1 8 June                lation (EEC) No 1068/93 ("), as last amended by Regula­
  1968 laying down general rules for granting export                   tion (EC) No 157/95 (12);
 refunds on sugar (3), as last amended by Regulation (EEC)
 No 1489/76 (4), provides that when refunds on white and              Whereas the refund must be fixed every two weeks ;
 raw sugar, undenatured and exported in its unaltered state           whereas it may be altered in the intervening period ;
 are being fixed account must be taken of the situation on
 the Community and world markets in sugar and in parti­               Whereas it follows from applying the rules set out above
 cular of the price and cost factors set out in Article 3 of          to the present situation on the market in sugar and in
 that Regulation ; whereas the same Article provides that              particular to quotations or prices for sugar within the
 the economic aspect of the proposed exports should also               Community and on the world market that the refund
 be taken into account ;                                              should be as set out in the Annex hereto ;
Whereas the refund on raw sugar must be fixed in respect              Whereas the measures provided for in this Regulation are
 of the standard quality ; whereas the latter is defined in           in accordance with the opinion of the Management
Article 1 of Council Regulation (EEC) No 431 /68 of 9                 Committee for Sugar,
April 1968 determining the standard quality for raw sugar
 and fixing the Community frontier crossing point for
calculating cif prices for sugar (*); whereas, furthermore,
 this refund should be fixed in accordance with Article 5             HAS ADOPTED THIS REGULATION :
(2) of Regulation (EEC) No 766/68 ; whereas candy sugar
 is defined in Commission Regulation (EEC) No 394/70 of
                                                                                                 Article 1
2 March 1970 on detailed rules for granting export
refunds on sugar (*), as last amended by Regulation (EC)
 No 2529/94 f) ; whereas the refund thus calculated for               The export refunds on the products listed in Article 1 (1 )
sugar containing added flavouring or colouring matter                 (a) of Regulation (EEC) No 1785/81 , undenatured and
must apply to their sucrose content and, accordingly, be              exported in the natural state, are hereby fixed to the
                                                                      amounts shown in the Annex hereto.
fixed per 1 % of the said content ;
Whereas the world market situation or the specific
                                                                                                 Article 2
requirements of certain markets may make it necessary to
vary the refund for sugar according to destination ;
                                                                      This Regulation shall enter into force ori 16 February
                                                                      1995.
(')  OJ  No  L 177, 1 . 7. 1981 , p. 4.
(2)  OJ  No  C 241 , 29. 8. 1994, p. 21 .
O    OJ  No  L 143, 25. 6. 1968, p. 6.                                (s) OJ No L 102, 28 . 4. 1993, p. 14.
(4)  OJ  No  L 167, 26. 6. 1976, p. 13.                               0 OJ No L 387, 31 . 12. 1992, p. 1 .
0    OJ  No  L 89, 10. 4. 1968, p. 3.                                 (10) OJ No L 22, 31 . 1 . 1995, p. 1 .
(6)  OJ  No  L 50, 4. 3. 1970, p. 1 .                                 (") OJ No L 108, 1 . 5. 1993, p. 106.
O    OJ  No  L 269, 20. 10. 1994, p. 14.                              H OJ No L 24, 1 . 2. 1995, p. 1 .
 ---pagebreak--- 16. 2. 95   PEN                    Official Journal of the European Communities                           No L 36/ 15
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 15 February 1995.
                                                                                For the Commission
                                                                                   Franz FISCHLER
                                                                          Member of the Commission
                                                            ANNEX
          to the Commission Regulation of 15 February 1995 fixing the export refunds on white
                               sugar and raw sugar exported in its unaltered state
                                     Product code                        Amount of refund (3)
                                                                         — ECU/ 100 kg —
                                   1701 11 90 100                            33,83     (■)
                                   1701 11 90 910                            32,44     (»)
                                   1701 11 90 950                                      0
                                   1701 12 90 100                            33,83     (')
                                   1701 12 90 910                            32,44     (')
                                   1701 12 90 950                                      e)
                                                               — ECU/ 1 % of sucrose x 100 kg —
                                   1701 91 00 000                             0,3678
                                                                         — ECU/ 100 kg —
                                   1701 99 10 100                            36,78
                                   1701 99 10 910                            37,22
                                   1701 99 10 950                            37,22
                                                               — ECU/ 1 % of sucrose x 100 kg —
                                   1701 99 90 100                             0,3678
                      (') Applicable to raw sugar with a yield of 92 % ; if the yield is other than 92 %,
                          the refund applicable is calculated in accordance with the provisions of
                          Article 5 (3) of Regulation (EEC) No 766/68 .
                      (2) Fixing suspended by Commission Regulation (EEC) No 2689/85 (OJ No L 255,
                          26. 9. 1985, p. 12), as amended by Regulation (EEC) No 3251 /85 (OJ No L 309,
                          21 . 11 . 1985, p. 14).
                      (') Refunds on exports to the Federal Republic of Yugoslavia (Serbia and
                          Montenegro) may be granted only where the conditions laid down in
                          Regulation (EEC) No 990/93 are observed.