CELEX: 31988R2441
Language: en
Date: 1988-08-04
Title: Commission Regulation (EEC) No 2441/88 of 3 August 1988 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

No L 211 /8                                Official Journal of the European Communities                                     4. 8 . 88
                                          COMMISSION REGULATION (EEC) No 2441/88
                                                          of 3 August 1988
                    fixing the export refunds on white sugar and raw sugar exported in its unaltered
                                                                  state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                             calculating cif prices for sugar (*) ; whereas, furthermore,
                                                                        this refund should be fixed in accordance with Article 5
                                                                        (2) of Regulation (EEC) No 766/68 ; whereas candy sugar
                                                                        is defined in Commission Regulation (EEC) No 394/70 of
Having regard to the Treaty establishing the European                   2 March 1970 on detailed rules for granting export
Economic Community,                                                     refunds on sugar (*), as amended by Regulation (EEC) No
                                                                         1714/88 Q ; whereas the refund thus calculated for sugar
                                                                        containing added flavouring or colouring matter must
Having regard to the Act of Accession of Spain and                      apply to their sucrose content and, accordingly, be fixed
Portugal,                                                               per 1 % of the said content ;
Having regard to Council Regulation (EEC) No 1785/81                     whereas the world market situation or the specific
of 30 June 1981 on the common organization of the                       requirements of certain markets may make it necessary to
markets in the sugar sector ('), as last amended by Regula­             vary the refund for sugar according to destination ;
tion (EEC) No . 2306/8.8. (*), and in particular point (a) ' of
the first subparagraph of Article 19 (4) and Article 19(7)
thereof,
                                                                        whereas, in special cases, the amount of the refund may
                                                                        be fixed by other legal instruments ;
Having regard to the opinion of the Monetary Committee,
                                                                        Whereas, if the refund system is to operate normally,
Whereas Article 19 of Regulation (EEC) No 1785/81                       refunds should be calculated on the following basis :
provides that the difference between quotations or prices
on the world market for the products listed in Article 1                — in the case of currencies which are maintained in rela­
(1 ) (a) of that Regulation and prices for those products
within the Community may be covered by an export                             tion to each other at any given moment within a band
refund :                                                                     of 2,25 % , a rate of exchange based on their central
                                                                             rate, multiplied by the corrective factor provided for in
                                                                             the last paragraph of Article 3 (1 ) of Council Regula­
                                                                             tion (EEC) No 1676/85 (8), as last amended by Regula­
Whereas Council Regulation (EEC) No 766/68 of 18 June                        tion (EEC) No 1 636/87 (»),
1968 laying down general rules for granting export
refunds on sugar (3), as last amended by Regulation (EEC)               — for other currencies, an exchange rate based on the
No 1489/76 (4), provides that when refunds on white and                      arithmetic mean of the spot market rates of each of
raw sugar, undenatured and exported in its unaltered state                   these currencies recorded over a given period in rela­
are being fixed account must be taken of the situation on                    tion to the Community currencies referred to in the
the Community and world markets in sugar and in parti­                       previous indent, and the aforesaid coefficient ;
cular of the price and cost factors set out in Article 3 of
that Regulation ; whereas the same Article provides that
the economic aspect of the proposed exports should also
be taken into account :                                                 Whereas the refund must be fixed every two weeks ;
                                                                        whereas it may be altered in the intervening period ;
Whereas the refund on raw sugar must be fixed in respect
of the standard quality ; whereas the latter is defined in              Whereas it follows from applying the rules set out above
Article 1 of Council Regulation (EEC) No 431 /68 of 9                   to the present situation on the market in sugar and in
April 1968 determining the standard quality for raw sugar               particular to quotations or prices for sugar within the
and fixing the Community frontier crossing point for
                                                                        0   OJ  No  L  89, 10 . 4. 1968 , p. 3.
(') OJ   No L  177,   1 . 7. 1981 , p. 4.                               («) OJ  No  L  50, 4. 3. 1970, p. 1 .
(2) OJ   No L  201 , 27. 7. 1988 , p. 65.                               0   OJ  No  L  152, 18 . 6. 1988, p. 23.
(3) OJ   No L  143,  25. 6. 1968, p. 6.                                 (8) OJ  No  L  164, 24. 6. 1985, p. 1 .
(4) OJ   No L  167,  26. 6. 1976, p. 13.                                0   OJ  No  L  153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 4. 8 . 88                              Official Journal of the European Communities                           No L 211 /9
                                                                 HAS ADOPTED THIS REGULATION :
Community and on the world market that the refund
should be as set out in the Annex hereto ;
                                                                                            Article 1
Whereas, following the introduction of the combined
nomenclature by Council Regulation (EEC) No                      1 . The export refunds on the products listed in Article
2658/87 ('), the nomenclature applicable from 1 January          1 (1 ) (a) of Regulation (EEC) No 1785/81 undenatured and
1988 to export refunds for agricultural products was intro­      exported in their unaltered state shall be as set out in
                                                                 Annex I hereto.
duced by Regulation (EEC) No 3846/87 (2), as corrected
by Regulation (EEC) No 1561 /88 (3) ; whereas that               2.      The agricultural product nomenclature for export
nomenclature must be amended to adjust the fixing of             refunds in section 15 of the Annex to Regulation (EEC)
refunds to market requirements, in particular having             No 3846/87 is hereby amended in accordance with that
regard to the current erratic variations of quotations of the    set out in Annex II hereto.
world sugar market ;
Whereas the measures provided for in this Regulation are                                    Article 2
in accordance with the opinion of the Management
Committee for Sugar,                                             This Regulation shall enter into force on 4 August 1988.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 3 August 1988 .
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
 (>) OJ No L 256, 7. 9. 1987, p. 1 .
 0 OJ No L 366, 24. 12. 1987, p. 1 .
 V) OJ No L 144, 10. 6. 1988, p. 1 .
 ---pagebreak--- No L 211 / 10                         Official Journal of the European Communities                            4. 8 . 88
                                                              ANNEX I
              to the Commission Regulation of 3 August 1988 fixing the export refunds on white sugar
                                       and raw sugar exported in its unaltered state
                                                                                                        (ECU)
                                                                              Amount of refund
                                        Product : code                             per percentage point of
                                                                                     sucrose content and
                                                                   per 100 kg
                                                                                    per 100 kg net of the
                                                                                    product in question
                                      1701 11 90 100                33,35 (')
                                      1701 11 90 910                28,91 (■)
                                      1701 11 90 950                   0
                                      1701 12 90 100                33,35 (>)
                                      1701 12 90 910                28,91 (')
                                      1701 12 90 950                   0
                                      1701 91 00 000                                       0,3625
                                      1701 99 10 100                36,25
                                      1701 99 10 910                36,88 (3)
                                      1701 99 10 950                32,38
                                      1701 99 90 100                                       0,3625
                         (') 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) Applicable under the conditions laid down in particular in Article 9 (5) of
                             Regulation (EEC) No 2630/81 .
 ---pagebreak--- 4. 8 . 88                    Official Journal of the European Communities                               No L 211 / 11
                                                  ANNEX II
                              15. White and raw sugar without further processing
               CN code                             Description                            Product code
             1701        Cane or beet sugar and chemically pure sucrose, in solid form :
                         — Raw sugar not containing added flavouring or colouring
                           matter :
          ex 1701 11     — — Cane sugar :
             1701 11 90        — Other :
                                  — Candy sugar                                          1701 11 90 100
                                  — Other raw sugar :
                                     — In immediate packings not exceeding 5 kg net of
                                        product                                          1701 11 90 910
                                     — Other                                             1701 11 90 950
          ex 1701 12     — — Beet sugar :
             1701 12 90  — — — Other :
                                  — Candy sugar                                          1701 12 90 100
                                  — Other raw sugar :
                                     — In immediate packings not exceeding 5 kg net of
                                        product                                          1701 12 90 910
                                     — Other                                             1701 12 90 950
                         — Other :
             1701 91 00  — — Containing added flavouring or colouring matter             1701 91 00 000
          ex 1701 99     — — Other :
             1701 99 10  — — — White sugar :
                                  — Candy sugar                                          1701 99 10 100
                                  — Other :
                                     — Of a total quantity not exceeding 10 tonnes       1701 99 10 910
                                     — Other                                             1701 99 10 950
              1701 99 90  — — — Other :
                                  — Containing added substances other than flavouring
                                     or colouring matter                                 1701 99 90 100
                                  — Other                                                1701 99 90 900