CELEX: 31997R0792
Language: en
Date: 1997-04-30 00:00:00
Title: COMMISSION REGULATION (EC) No 792/97 of 30 April 1997 fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex II to the Treaty

*• 5 - 97                 1 EN 1              Official Journal of the European Communities                              No L 114/27
                                            COMMISSION REGULATION (EC) No 792/97
                                                              of 30 April 1997
                         fixing the rates of refunds applicable to certain products from the sugar sector
                              exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              Whereas the commitments entered into with regard to
                                                                         refunds which may be granted for the export of agricul­
                                                                         tural products contained in goods not covered by Annex
Having regard to the Treaty establishing the European                    II to the Treaty may be jeopardized by the fixing in
Community,                                                               advance of high refund rates; whereas it is therefore
                                                                         necessary to take precautionary measures in such situa­
                                                                         tions without, however, preventing the conclusion of
                                                                         long-term contracts; whereas the fixing of a specific
Having regard to Council Regulation (EEC) No 1785/81                     refund rate for the advance fixing of refunds is a measure
of 30 June 1981 on the common organization of the                        which enables these various objectives to be met;
market in sugar ('), as last amended by Regulation (EC)
No 1599/96 (2) and in particular Article 17 (5) (a) and ( 15),
                                                                         Whereas Article 4 (5) (b) of Regulation (EC) No 1222/94
                                                                         provides that in the absence of the proof referred to in
Whereas Article 17 ( 1 ) and (2) of Regulation (EEC) No                  Article 4 (5) (a) of that Regulation, a reduced rate of export
                                                                         refund has to be fixed, taking account of the amount of
 1785/81 provides that the differences between the prices
                                                                         the production refund applicable, pursuant to Council
in international trade for the products listed in Article 1
( 1 ) (a), (c), (d), (f), (g) and (h) of that Regulation and prices      Regulation (EEC) No 1010/86 (5), as last amended by
                                                                         Commission Regulation (EC) No 11 26/96 (% for the basic
within the Community may be covered by an export
                                                                         product in question, used during the assumed period of
refund where these products are exported in the form of
                                                                         manufacture of the goods;
goods listed in the Annex to that Regulation; whereas
Commission Regulation (EC) No 1222/94 of 30 May 1994
laying down common implementing rules for granting                       Whereas the measures provided for in this Regulation are
export refunds on certain agricultural products exported                 in accordance with the opinion of the Management
in the form of goods not covered by Annex II to the                      Committee for Sugar,
Treaty and the criteria for fixing the amount of such
refunds (3) as last amended by Regulation (EC) No
229/96 (4) specifies the products for which a rate of refund
should be fixed, to be applied where these products are
exported in the form of goods listed in Annex I to Regu­
lation (EEC) No 1785/ 81 ;
                                                                         HAS ADOPTED THIS REGULATION :
Whereas, in accordance with Article 4 ( 1 ) of Regulation
(EC) No 1222/94, the rate of the refund per 100 kilo­
grams for each of the basic products in question must be                                            Article 1
fixed for each month ;
                                                                         The rates of the refunds applicable to the basic products
Whereas Article 17 (3) of Regulation (EEC) No 1785/81                    appearing in Annex A to Regulation (EC) No 1222/94
and Article 1 1 of the Agreement on Agriculture                          and listed in Article 1 ( 1 ) and (2) of Regulation (EEC) No
concluded under the Uruguay Round lay down that the                      1785/81 , exported in the form of goods listed in Annex I
export refund for a product contained in a good may not                  to Regulation (EEC) No 1785/81 , are fixed as shown in
exceed the refund applicable to that product when                        the Annex hereto .
exported without further processing;
Whereas the refunds fixed under this Regulation may be                                              Article 2
fixed in advance; whereas the market situation over the
next few months cannot be established at the moment;
                                                                         This Regulation shall enter into force on 1 May 1997.
(') OJ No L 177, 1 . 7. 1981 , p. 4.
(4 OJ No L 206, 16. 8. 1996, p. 43.
0 OJ No L 136, 31 . 5. 1994, p. 5.                                       0 OJ No L 94, 9. 4. 1986, p. 9.
 4 OJ No L 30, 8 . 2. 1996, p. 24.                                       {") OJ No L 150, 25. 6. 1996, p. 3 .
 ---pagebreak--- No L 114/28          EN                   Official Journal of the European Communities                                                   1 . 5. 97
                This   Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 30 April 1997.
                                                                                          For the Commission
                                                                                          Martin BANGEMANN
                                                                                   Member of the Commission
                                                                   ANNEX
           to the Commission Regulation of 30 April 1997 fixing the rates of the refunds
           applicable to certain products in the sugar sector exported in the form of goods not covered by
                                                         Annex II to the Treaty
                                                                                         Rate of refund in ECU/ 100 kg
                                      Product                                      In case of
                                                                                advance fixing                         Other
                                                                                   of refunds
          White sugar:
          — pursuant to Article 4 (5) (b) of Regulation (EC)                           3,45                             3,45
                No 1222/94
          — in all other cases                                                       40,06                            40,06
          Raw sugar:
          — pursuant to Article 4 (5) (b) of Regulation (EC)                           3,17                             3,17
               No 1222/94
          — in all other cases                                                       36,86                            36,86
          Syrups of beet sugar or cane sugar, other than the
          syrups obtained by dissolving white or raw sugar in
          the solid state, containing, in the dry state, 85 % or
          more by weight of sucrose (including invert sugar
          expressed as sucrose):
          — pursuant to Article 4 (5) (b) of Regulation (EC)                    3,45 (4) x S (')                 3,45 (4) x S (')
               No 1222/94                                                             100                              100
          — in all other cases                                                 40,06 (4) x S (')                40,06 (4) x S (')
                                                                                      100                              100
          For syrups obtained by dissolving white or raw sugar            the rate fixed above for 100 kg of white or raw sugar
          in the solid state, whether or not the dissolving is            used for the dissolution
          followed by inversion
          Molasses                                                                     —                               —
          Isoglucose (2):
         — pursuant to Article 4 (5) (b) of Regulation (EC)                           3,45 0                           3,45 0
               No 1222/ 94
         — in all other cases                                                        40,06 f)                        40,06 f)
         (') 'S represents in 100 kilograms of syrup
             — the sucrose content (including invert sugar expressed as sucrose) of the syrup in question, where the latter is not less
                  than 98 % pure,
             — the extractable sugar content of the syrup in question, where the latter is not less than 85 %, but less than 98 % pure .
         (2) Products obtained by isomerization of glucose, which have a content by weight in the dry state of at least 41 % fructose
             and of which the total content by weight in the dry state of polysaccharides and oligosaccharides, including the di - or
             trisaccharides content, does not exceed 8,5 % .
         (') Amount of refund per 100 kilograms of dry matter.
         (4) The basic amount is not applicable to the product defined under point 2 of the Annex to Commission Regulation (EEC)
             No 3513/92 (OJ No L 355, 5. 12. 1992, p. 12).