CELEX: 31990R1089
Language: en
Date: 1990-05-01 00:00:00
Title: Commission Regulation (EEC) No 1089/90 of 30 April 1990 fixing the export refunds on syrups and certain other sugar products exported in the natural state

1 . 5. 90                                    Official Journal of the European Communities                                No L 111 /7
                                         COMMISSION REGULATION (EEC) No 1089/90
                                                            of 30 April 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 Q, 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 1 785/8 1 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 (6);                             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,
0    OJ   No  L  114, 27. 4. 1989, p. 1 .                               refunds should be calculated on the following basis :
(')  OJ   No  L  143, 25. 6. 1968, p. 6.
(4)  OJ   No  L  167, 26. 6. 1976, p. 13 .
O    OJ   No   L 50, 4. 3 . 1970, p. 1 .                                0 OJ No L 170, 27. 6. 1978, p. 9 .
(•)  OJ   No  L  152, 18 . 6 . 1988, p. 23 .                            (8) OJ No L 162, 1 . 7. 1977, p. 9.
 ---pagebreak--- No L 111 /8                            Official Journal of the European Communities                                1 . 5. 90
— in the case of currencies which are maintained in rela­        prices no refund should be fixed in the case of exports to
    tion to each other at any given moment within a band         Portugal ;
    of 2,25 % , a rate of exchange based on their central
    rate, multiplied by the corrective factor provided for in    Whereas the measures provided for in this Regulation are
    the last subparagraph of Article 3 ( 1 ) of Council Regu­    in accordance with the opinion of the Management
    lation (EEC) No 1676/85 0, as last amended by Regu­          Committee for Sugar,
    lation (EEC) No 1636/87 (2),
— for other currencies, an exchange rate based on the
    arithmetic mean of the spot market rates of each of
                                                                 HAS ADOPTED THIS REGULATION :
    these currencies recorded over a given period in rela­
    tion to the Community currencies referred to in the
    previous indent, and the aforesaid coefficient ;
                                                                                           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 as set out in the Annex
Whereas application of these quotas results in fixing            hereto.
refunds for the products in question at the levels given in
the Annex to this Regulation ;
Whereas, pursuant to Article 275 of the Act of Accession,                                  Article 2
refunds may be granted in the case of exports to Portugal ;
whereas, in the light of the situation and the level of          This Regulation shall enter into force on 1 May 1 990.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 30 April 1990.
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
(') OJ Nó L 164, 24. 6; 1985, p. 1 .
 2 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 1 . 5 . 90                           Official Journal of the European Communities                                       No L 111 /9
                                                               ANNEX
           to the Commission Regulation of 30 April 1990 fixing the export refunds on syrups and
                              certain other sugar products exported in the natural state
                                                                                                                 (ECU)
                                                   Basic amount per percentage point
                                                        of sucrose content and          Amount of refund per 100 kg
                        Product code
                                                    per 100 kg net of the product             of dry matter ^)
                                                             in question (')
                      1702 40 10 100                                                               25,92
                      1702 60 10 000                                                               25,92
                      1702 60 90 000                            0,2592
                      1702 90 30 000                                                               25,92
                      1702 90 60 000                            0,2592
                      1702 90 71 000                            0,2592
                      1702 90 90 900                            0,2592
                      2106 90 30 000                                                               25,92
                      2106 90 59 000                            0,2592
           (') 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 ).