CELEX: 31985R1687
Language: en
Date: 1985-06-21 00:00:00
Title: Commission Regulation (EEC) No 1687/85 of 20 June 1985 on the adjustment of certain export refunds fixed in advance in the sugar sector

21 . 6 . 85                             Official Journal of the European Communities                         No L 162/ 15
                                     COMMISSION REGULATION (EEC) No 1687/85
                                                        of 20 June 1985
                on the adjustment of certain export refunds fixed in advance in the sugar sector
THE COMMISSION OF THE EUROPEAN                                     advance before 1 July 1985, with completion of the
 COMMUNITIES,                                                      customs export formalities on or after that date ;
                                                                   Whereas Article 5 (2) of Regulation (EEC) No 3035/80
 Having regard to the Treaty establishing the European             provides that the rate of refund under the system of
 Economic Community,
                                                                   advance fixing is to be adjusted according to the same
                                                                   rules applying to the advance fixing of refunds on
                                                                   basic products exported in the natural state ; whereas
 Having regard to Council Regulation (EEC) No                      this adjustment will therefore be made on the basis of
 1785/81 of 30 June 1981 on the common organization                the difference between the intervention price for the
of the markets in the sugar sector ('), as last amended            sugar in question applicable for the 1984/85 mar­
by Regulation (EEC) No 1482/85 (2), and in particular              keting year and that applicable to the same sugar for
Article 19 (3) and (7) thereof,                                    the 1985/86 marketing year ; whereas, by reason of the
                                                                   trend in the volume of trade in the products listed in
                                                                   Article 1 (1 ) (d) of Regulation (EEC) No 1785/81 and
                                                                   in white and raw candy sugar, the provision for adjus­
Whereas Article 12 of Council Regulation (EEC) No                  ting the refunds should be applied to those products
766/68 of 18 June 1968 laying down general rules for               under the same conditions and, to ensure equal treat­
granting export refunds on sugar (3), as last amended              ment, should also be extended to isoglocose where the
by Regulation (EEC) No 1489/76 (4), provides that if,              products in question are exported in the natural state
between the date on which an application for an                    or in the form of processed goods listed in the
export licence with advance fixing of the refunds is               Annexes to Regulation (EEC) No 3035/80 ;
lodged and the date of export, there is an alteration in
the prices for sugar sector, an adjustment may be made
to the refund ;                                                    Whereas the measures provided for in this Regulation
                                                                   are in accordance with the opinion of the Management
                                                                   Committee for Sugar,
Whereas the Community sugar prices fixed for the
1985/86 marketing year with effect from 1 July are
higher than prices for 1984/85 ; whereas, for white
sugar and raw sugar exported in the natural state from
I July 1985 with advance fixing of the refunds as
determined by tender under Commission Regulations
                                                                   HAS ADOPTED THIS REGULATION :
(EEC) No 2384/84 0 and (EEC) No 2385/84 («) respec­
tively, provision has been made for adjusting the
refund at the request of the recipient ; whereas use
should also be made of this provision to adjust the
refunds in the case of white sugar and raw sugar
exported in the form of the goods listed in the                                            Article 1
Annexes to Council Regulation (EEC) No 3035/80 of
II November 1980 laying down general rules for
granting export refunds on certain agricultural                    1.    Provided that the conditions set out in Article 12
products exported in the form of goods not covered by              of Regulation (EEC) No 766/68 are satisfied, export
Annex II to the Treaty and the criteria for fixing the             refunds fixed in advance before 1 July 1985 for the
amount of such refunds Q, as last amended by Regula­               products listed in Annex I and exported on or after
tion (EEC) No 1028/83 (8), such refunds being fixed in             that date shall be adjusted, at the request of the export
                                                                   licence holders concerned, in accordance with the
                                                                   conditions set out below.
(') OJ    No L 177,  1 . 7. 1981 , p. 4.
(2) OJ    No L 151 , 10. 6. 1985, p. 1 .
(3) OJ   No  L 143,  25. 6. 1968, p. 6.
0   OJ    No L 167,  26. 6. 1976, p. 13.                           2. Paragraph 1 shall also apply to products listed in
O   OJ   No  L 221 , 18 . 8 . 1984, p. 16.                         Annex II which are exported in the form of the goods
(«) OJ   No  L 221 , 18 . 8 . 1984, p. 21 .
0   OJ    No L 323,  29 . 11 . 1980, p. 27.                        listed in the Annexes to Regulation (EEC) No
0   OJ   No  L 116,  27. 4. 1983, p. 9.                            3035/80 .
 ---pagebreak--- No L 162/ 16                       Official Journal of the European Communities                             21 . 6. 85
3. Applications for adjustment must be submitted                  tion ; the amount shall be equal to one-hundredth
by the export licence holders concerned, before                   of the difference established in accordance with
completion of the customs export formalities relating             the said Article ;
to the quantities concerned, to the competent auth­          (b) subheadings 17.02 D I and 21.07 F III of the
ority of the Member State which has issued the                    Common Customs Tariff, the adjustment deter­
licence.
                                                                  mined in accordance with Article 2 shall apply per
Tha authority shall insert the relevant adjustment in             100 kilograms of dry matter contained in the
section 18 (a) of the export licence and shall place its          product in question.
stamp thereon.
                                                                                      Article 4
                         Article 2
                                                              1 . For raw sugar falling within subheading 17.01 B
For white sugar falling within subheading 17.01        of    of the Common Customs Tariff, the adjustment
the Common Customs Tariff, the adjustment referred           referred to in Article 1 shall be made by increasing the
to in Article 1 shall be obtained by increasing the          export refund by the difference, expressed in ECU per
export refund by the difference, expressed in ECU per         100 kilograms of sugar, between the intervention price
100 kilograms of sugar, between the intervention price       for raw sugar applicable with effect from 1 July 1985
for white sugar in the non-deficit areas applicable with     and the corresponding intervention price applicable
effect from 1 July 1985 and the corresponding inter­         on 30 June 1985.
vention price applicable on 30 June 1985.                    2. Where the yield of the raw sugar differs from
                                                             that of the standard quality as defined irv Council
                         Article 3                           Regulation (EEC) No 431 /68 ('), the amount of the
For the products listed in the Annexes falling within :      adjustment determined in accordance with paragraph
                                                              1 shall be adapted in accordance with Article 2 of
(a) subheadings ex 17.01 A (flavoured or coloured            Commission Regulation (EEC) No 837/68 (2).
    sugars), 17.02 D II, E and F I and 21.07 F IV of the
    Common Customs Tariff, the adjustment deter­                                      Article 5
    mined in accordance with Article 2 shall apply per
    1 % of sucrose contained in the product in ques­         This Regulation shall enter into force on 1 July 1985.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 20 June 1985.
                                                                        For the Commission
                                                                         Frans ANDRIESSEN
                                                                            Vice-President
                                                             (') OJ No L 89, 10 . 4. 1968, p. 3 .
                                                             b) OJ No L 151 , 30. 6. 1968, p. 42.
 ---pagebreak--- 21 . 6. 85                        Official Journal of the European Communities                            No L 162/ 17
                                                      ANNEX I
                 CCT
               heading                                       Description
                  No
           17.01         Beet sugar and cane sugar, in solid form :
                         A. White sugar ; flavoured or coloured sugar :
                              (I) White candy sugar
                             (II) Flavoured or coloured sugar
                         B. Raw sugar :
                             II . Other :
                                  — Candy sugar
           17.02         Other sugars in solid form ; sugar syrups, not containing added flavouring or
                         colouring matter ; artificial honey, whether or not mixed with natural honey ;
                         caramel :
                         D. Other sugars and syrups (other than lactose, glucose and malto-dextrine) :
                                   I. Isoglucose
                             ex II. Other, excluding sorbose
                         E. Artificial honey, whether or not mixed with natural honey
                         F. I. Caramelized sugar and molasses containing, in the dry state, 50 % or more by
                                  weight of sucrose
           21.07         Food preparations not elsewhere specified or included :
                         F. Flavoured or coloured sugar syrups :
                             III. Isoglucose
                             IV. Other (other than lactose, glucose and malto-dextrine syrups)
                                                      ANNEX II
                 CCT
               heading                                       Description
                  No
           ex 17.01 A    White sugar
               17.01 B   Raw sugar
               17.02 D I Isoglucose
           ex 17.02 D II Beet syrup and cane syrup containing, in the dry state, 98 % or more by weight of
                         sucrose (including invert sugar calculated in terms of sucrose)