CELEX: 31995R2036
Language: en
Date: 1995-08-23 00:00:00
Title: COMMISSION REGULATION (EC) No 2036/95 of 23 August 1995 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

24. 8 . 95            EN                Official Journal of the European Communities                             No L 199/43
                                     COMMISSION REGULATION (EC) No 2036/95
                                                      of 23 August 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 1 101 /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
                                                                     Whereas the representative market rates defined in Article
provides that the difference between quotations or prices
on the world market for the products listed in Article 1             1 of Council Regulation (EEC) No 3813/92 (10), as last
(1 ) (a) of that Regulation and prices for those products            amended by Regulation (EC) No 1 50/95 (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 detailed rules on the application and determina­
Whereas Council Regulation (EEC) No 766/68 of 18 June                tion of these conversions were set by Commission Regu­
1968 laying down general rules for granting export                   lation (EEC) No 1068/93 (!2), as last amended by Regula­
refunds on sugar f), as last amended by Regulation (EEC)             tion (EC) No 1053/95 (13);
No 1489/76 (4), provides that when refunds on white and
raw sugar, undenatured and exported in its unaltered state           Whereas the refund must be fixed every two weeks ;
are being fixed account must be taken of the situation on            whereas it may be altered in the intervening period ;
the Community and world markets in sugar and in parti­
cular of the price and cost factors set out in Article 3 of          Whereas it follows from applying the rules set out above
that Regulation ; whereas the same Article provides that             to the present situation on the market in sugar and in
the economic aspect of the proposed exports should also              particular to quotations or prices for sugar within the
be taken into account ;                                              Community and on the world market that the refund
                                                                     should be as set out in the Annex hereto ;
Whereas the refund on raw sugar must be fixed in respect
of the standard quality ; whereas the latter is defined in           Whereas the measures provided for in this Regulation are
Article 1 of Council Regulation (EEC) No 431 /68 of 9                in accordance with the opinion of the Management
April 1968 determining the standard quality for raw sugar            Committee for 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
2 March 1970 on detailed rules for granting export                                                Article 1
refunds on sugar (% as last amended by Regulation (EC)
No 2529/94 Q ; 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
fixed per 1 % of the said content ;                                  amounts shown in the Annex hereto.
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 on 24 August 1995.
 ') OJ No L 177, 1 . 7. 1981 , p. 4.
 2) OJ No L 110, 17. 5. 1995, p. 1 .                                 f) OJ   No L  102, 28 . 4. 1993, p. 14.
 3) OJ No L 143, 25. 6. 1968, p. 6.                                  O OJ    No L  138 , 21 . 6. 1995, p. 1 .
 «) OJ No L 167, 26. 6. 1976, p. 13.                                 (10) OJ No L  387, 31 . 12. 1992, p. 1 .
 5) OJ No L 89, 10. 4. 1968, p. 3.                                   (") OJ  No L  22, 31 . 1 . 1995, p. 1 .
 < OJ No L 50, 4. 3. 1970, p. 1 .                                    (,2) OJ No L   108 , 1 . 5. 1993, p. 106.
n OJ No L 269, 20. 10. 1994, p. 14.                                  (13 OJ  No L   107, 12. 5. 1995, p. 4.
 ---pagebreak--- No L 199/44   ( ENl                 Official Journal of the European Communities                           24. 8. 95
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 23 August 1995.
                                                                                 For the Commission
                                                                                   Karel VAN MIERT
                                                                            Member of the Commission
                                                             ANNEX
            to the Commission Regulation of 23 August 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                         38,82     (')
                                    1701  11 90  910                          38,27     (')
                                    1701  11 90   950                                   (2)
                                    1701  1290    100                         38,82     (')
                                    1701  12 90  910                          38,27     (')
                                    1701  12 90  950                                    (2)
                                                                — ECU/ 1 % of sucrose x 100 kg —
                                    1701 91 00 000                              0,4220
                                                                          — ECU/ 100 kg —
                                    1701 99 10 100                            42,20
                                    1701 99 10 910                            41,60
                                    1701 99 10 950                            41,60
                                                                — ECU/ 1 % of sucrose x 100 kg —
                                    1701 9990 100                              0,4220
                       (') 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).
                       (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.