CELEX: 31990R3163
Language: en
Date: 1990-11-01 00:00:00
Title: Commission Regulation (EEC) No 3163/90 of 31 October 1990 fixing the export refunds on syrups and certain other sugar products exported in the natural state

1 . 11 . 90                                Official Journal of the European Communities                               No L 304/21
                                         COMMISSION REGULATION (EEC) No 3163/90
                                                         of 31 October 1990
                    fixing the export refunds on syrups and certain other sugar products exported in
                                                          the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           tion refund applicable, pursuant to Council Regulation
                                                                      (EEC) No 1400/78 of 20 June 1978 laying down general
                                                                      rules for the production refund on sugar used in the
Having regard to the Treaty establishing the European                 chemical industry f), to the products listed in the Annex
Economic Community,                                                   to the last mentioned Regulation ;
Having regard to the Act of Accession of Spain and
Portugal,                                                             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 1069/89 (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 goods for export to third
 Having regard to the opinion of the Monetary Committee,              countries and the use of third country products brought
                                                                       in under inward processing arrangements ;
Whereas Article 19 of Regulation (EEC) No 1785/81
 provides that the difference between quotations or prices
 on the world market for the products listed in Article 1
 (1 ) (d) of that Regulation and prices for those products             Whereas the application of the basic amount may be
 within the Community may be covered by an export                      limited to some of the products listed in Article 1 (1 ) (d)
 refund ;                                                              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              Whereas Article 19 of Regulation (EEC) No 1785/81
 Regulation (EEC) No 1489/76 (4), provides that the export             makes provision for setting refunds for export in the
 refund on 100 kilograms of the products listed in Article             natural state of products referred to in Article 1 (1 ) (f) and
  1 (1 ) (d) of Regulation (EEC) No 1785/81 is equal to the            (g) of that Regulation ; whereas the refund must be fixed
 basic amount multiplied by the sucrose content, includ­               per 100 kilograms of dry matter, taking account of the
 ing, where appropriate, other sugars expressed as sucrose ;           export refund for products falling within CN code
 whereas the sucrose content of the product in question is             1702 30 91 and for products referred to in Article 1 (1 ) (d)
 determined in accordance with Article 13 of Commission                of Regulation (EEC) No 1785/81 and of the economic
 Regulation (EEC) No 394/70 of 2 March 1970 on detailed                aspects of the intended exports ; whereas the refund is to
 rules for granting export refunds on sugar (^ as last                 be granted only for products complying with the condi­
 amended by Regulation (EEC) No 1714/88 (*);                           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
                                                                       amending Regulation (EEC) No 192/75 (8), as amended by
 Whereas Article 7 of Regulation (EEC) No 766/68                       Regulation (EEC) No 1714/88 ;
 provides that the basic amount of the refund on sorbose
 exported in the natural state must be equal to the basic
 amount of the refund less one-hundredth of the produc­
 (>) OJ    No  L 177, 1 . 7. 1981 , p. 4.                              Whereas, if the refund system is to operate normally,
 (2) OJ    No  L 114, 27. 4. 1989, p. 1 .                              refunds should be calculated on the following basis :
 (3) OJ    No  L 143, 25. 6. 1968, p. 6.
 (4) OJ    No  L 167, 26. 6. 1976, p. 13.
 0   OJ    No  L 50, 4. 3 . 1970, p. 1 .                               0 OJ No L 170, 27. 6. 1978 , p. 9 .
 M OJ No L 152, 18. 6. 1988, p. 23.                                    (8) OJ No L 162, 1 . 7. 1977, p. 9.
 ---pagebreak--- No L 304/22                            Official Journal of the European Communities                                  1 . 11 . 90
— in the case of currencies which are maintained in rela­        whereas, in the light of the situation and the level of
    tion to each other at any given moment within a band         prices no refund should be fixed in the case of exports to
    of 2,25 %, a rate of exchange based on their central         Portugal ;
    rate, multiplied by the corrective factor provided for in
    the last subparagraph of Article 3 (1 ) of Council Regu­     Whereas the measures provided for in this Regulation are
    lation (EEC) No 1676/85 ('), as last amended by Regu­        in accordance with the opinion of the Management
    lation (EEC) No 2205/90 0,                                   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           HAS ADOPTED THIS REGULATION :
    a period to be determined, multiplied by the coeffi­
    cient referred to ,in the preceding indent ;                                             Article 1
Whereas the refunds referred to above must be fixed every
month ; whereas they may be altered in the intervening           The export refunds on the products listed in Article 1 ( 1 )
period ;                                                         (d), (f) and (g) of Regulation (EEC) No 1785/81 , exported
                                                                  in the natural state, shall be set our in the Annex hereto.
Whereas application of these quotas results in fixing
refunds for the products in question at the levels given in
                                                                                             Article 2
the Annex to this Regulation ;
Whereas, pursuant to Article 275 of the Act of Accession,        This Regulation shall enter into force on 1 November
refunds may be granted in the case of exports to Portugal ;       1990 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 31 October 1990.
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
(>) OJ No L 164, 24. 6. 1985, p. 1 .
(2) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 1 . 11 . 90                           Official Journal of the European Communities                                       No L 304/23
                                                                ANNEX
            to the Commission Regulation of 31 October 1990 fixing the export refunds on syrups and
                               certain other sugar products exported in the 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)
                                                              in question (')
                       1702 40 10 100                                                               37,84
                       1702 60 10 000                                                               37,84
                       1702 60 90 000                            0,3784
                       1702 90 30 000                                                               37,84
                       1702 90 60 000                            0,3784
                       1702 90 71 000                            0,3784
                       1702 90 90 900                            0,3784
                       2106 90 30 000                                                          "    37,84
                       2106 90 59 000                            0,3784
            (') 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.
            NB : The product codes and the footnotes are defined in amended Commission Regulation (EEC)
                   No 3846/87 (OJ No L 366, 24. 12. 1987, p. 1 ).