CELEX: 31995R2338
Language: en
Date: 1995-10-04 00:00:00
Title: COMMISSION REGULATION (EC) No 2338/95 of 4 October 1995 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

No L 236/4         PEN !                Official Journal of the European Communities                                 5. 10. 95
                                      COMMISSION REGULATION (EC) No 2338/95
                                                      of 4 October 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), as
                                                                    amended by Regulation (EC) No 1380/95 (9), prohibits
Having regard to Council Regulation (EEC) No 1785/81                trade between the European Community and the Federal
of 30 June 1981 on the common organization of the                   Republic of Yugoslavia (Serbia and Montenegro) ; whereas
markets in the sugar sector ('), as last amended by Regula­         this prohibition does not apply in certain situations as
tion (EC) No 1101 /95 (2), and in particular point (a) of the       comprehensively listed in Articles 2, 4, 5 and 7 thereof ;
first subparagraph of Article 19 (4) thereof,                       whereas account should be taken of this fact when fixing
                                                                    the refunds ;
Whereas Article 19 of Regulation (EEC) No 1785/81
provides that the difference between quotations or prices           Whereas the representative market rates defined in Article
on the world market for the products listed in Article 1            1 of Council Regulation (EEC) No 3813/92 (I0), as last
(1 ) (a) of that Regulation and prices for those products           amended by Regulation (EC) No 150/95 (n), are used to
within the Community may be covered by an export                    convert amounts expressed in third country currencies
refund ;                                                            and are used as the basis for determining the agricultural
                                                                    conversion rates of the Member States' currencies ;
Whereas Council Regulation (EEC) No 766/68 of 18 June               whereas detailed rules on the application and determina­
1968 laying down general rules for granting export                  tion of these conversions were set by Commission Regu­
refunds on sugar (3), as last amended by Regulation (EEC)           lation (EEC) No 1068/93 (12), as last amended by Regula­
No 1489/76 (4), provides that when refunds on white and             tion (EC) No 1053/95 (13);
raw sugar, undenatured and exported in its unaltered state
are being fixed account must be taken of the situation on           Whereas the refund must be fixed every two weeks ;
the Community and world markets in sugar and in parti­              whereas it may be altered in the intervening period ;
cular of the price and cost factors set out in Article 3 of
that Regulation ; whereas the same Article provides that            Whereas it follows from applying the rules set out above
the economic aspect of the proposed exports should also             to the present situation on the market in sugar and in
be taken into account ;                                             particular to quotations or prices for sugar within the
                                                                    Community and on the world market that the refund
Whereas the refund on raw sugar must be fixed in respect            should be as set out in the Annex hereto ;
of the standard quality ; whereas the latter is defined in
Article 1 of Council Regulation (EEC) No 431 /68 of 9               Whereas the measures provided for in this Regulation are
April 1968 determining the standard quality for raw sugar           in accordance with the opinion of the Management
and fixing the Community frontier crossing point for                 Committee for Sugar,
calculating cif prices for sugar 0, as amended by Regula­
tion (EC) No 3290/94 (6) ; whereas, furthermore, this
refund should be fixed in accordance with Article 5 (2) of           HAS ADOPTED THIS REGULATION :
Regulation (EEC) No 766/68 ; whereas candy sugar is
defined in Commission Regulation (EC) No 2135/95 of 7
September 1995 laying down detailed rules of application                                       Article 1
for the grant of export refunds in the sugar sector Q ;
whereas the refund thus calculated for sugar containing             The export refunds on the products listed in Article 1 (1 )
added flavouring or colouring matter must apply to their            (a) of Regulation (EEC) No 1785/81 , undenatured and
sucrose content and, accordingly, be fixed per 1 % of the            exported in the natural state, are hereby fixed to the
said content ;                                                       amounts shown in the Annex hereto .
Whereas the world market situation or the specific
 requirements of certain markets may make it necessary to                                      Article 2
vary the refund for sugar according to destination ;
                                                                     This Regulation shall enter into force on 5 October 1995.
 (') OJ No L 177, 1 . 7. 1981 , p. 4.
 (2) OJ No L 110, 17. 5. 1995, p. 1 .                                (8) OJ No L 102, 28. 4. 1993 , p. 14.
 I3) OJ No L 143, 25. 6. 1968, p. 6.                                 (») OJ No L 138, 21 . 6. 1995, p. 1 .
 b) OJ No L 167, 26. 6. 1976, p. 13.                                 H OJ No L 387, 31 . 12. 1992, p. 1 .
 0 OJ No L 89, 10. 4. 1968, p. 3.                                    (") OJ No L 22, 31 . 1 . 1995, p. 1 .
 («) OJ No L 349, 31 . 12. 1994, p. 105.                             H OJ No L 108, 1 . 5. 1993, p. 106.
 (A or No L 214. 8 . 9 . 1995. D . 16 .                               13 OJ No L 107, 12. 5. 1995, p. 4.
 ---pagebreak--- 5. 10 . 95    I EN I                Official Journal of the European Communities                           No L 236/5
           This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 4 October 1995.
                                                                                 For the Commission
                                                                                    Franz FISCHLER
                                                                            Member of the Commission
                                                            ANNEX
           to the Commission Regulation of 4 October 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                            40,24    (')
                                    1701 11 90 910                            39,85     (')
                                    1701 11 90 950                                      0
                                    1701 12 90 100                            40,24     (')
                                    1701 12 90 910                            39,85     (')
                                    1701 12 90 950                                      0
                                                                — ECU/ 1 % of sucrose x 100 kg —
                                    1701 91 00 000                             0,4374
                                                                          — ECU/ 1 00 kg —
                                    1701 99 10 100                            43,74
                                    1701 99 10 910                            43,32
                                    1701 99 10 950                            43,32
                                                                — ECU/ 1 % of sucrose x 100 kg —
                                    1701 99 90 100                             0,4374
                       (') 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 17a (4) of Regulation (EEC) No 1785/81 .
                       (*) 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).
                       (3) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and
                           Montenegro) may be granted only where the conditions laid down in amended
                           Regulation (EEC) No 990/93 are observed.