CELEX: 31994R2139
Language: en
Date: 1994-09-01 00:00:00
Title: Commission Regulation (EC) No 2139/94 of 31 August 1994 fixing the export refunds on syrups and certain other sugar products exported in the natural state

1 . 9. 94                                  Official Journal of the European Communities                                 No L 228/7
                                          COMMISSION REGULATION (EC) No 2139/94
                                                          of 31 August 1994
                     fixing the export refunds on syrups and certain other sugar products exported in
                                                           the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           (EEC) No 1400/78 of 20 June 1978 laying down general
                                                                      rules for the production refund on sugar used in the
                                                                      chemical industry Q, to the products listed in the Annex
                                                                      to the last mentioned Regulation ;
 Having regard to the Treaty establishing the European
Community,
                                                                      Whereas the basic amount of the refund on the other
Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of the                     products listed in Article 1 ( 1 ) (d) of Regulation (EEC) No
markets in the sugar sector ('), as last amended by Regula­           1785/81 exported in the natural state must be equal to
                                                                      one-hundredth of an amount which takes account, on the
tion (EC) No 1 33/94 (2), and in particular Article 19 (4)
thereof,                                                              one hand, of the difference between the intervention
                                                                      price for white sugar for the Community areas without
                                                                      deficit for the month for which the basic amount is fixed
                                                                      and quotations or prices for white sugar on the world
                                                                      market and, on the other, of the need to establish a
Whereas Article 19 of Regulation (EEC) No                1785/81      balance between the use of Community basic products in
provides that the difference between quotations         or prices     the manufacture of processed goods for export to third
on the world market for the products listed in          Article 1     countries and the use of third country products brought
( 1 ) (d) of that Regulation and prices for those        products     in under inward processing arrangements ;
within the Community may be covered by an export
refund ;
Whereas Article 8 of Council Regulation (EEC) No                      Whereas the application of the basic amount may be
766/68 of 18 June 1968 laying down general rules for                  limited to some of the products listed in Article 1 ( 1 ) (d)
granting export refunds on sugar (3), as last amended by              of Regulation (EEC) No 1785/81 ;
Regulation (EEC) No 1489/76 (4), provides that the export
refund on 100 kilograms of the products listed in Article
 1 ( 1 ) (d) of Regulation (EEC) No 1785/81 is equal to the
basic amount multiplied by the sucrose content, includ­
ing, where appropriate, other sugars expressed as sucrose ;
whereas the sucrose content of the product in question is
determined in accordance with Article 1 3 of Commission               Whereas Article 19 of Regulation (EEC) No 1785/81
Regulation (EEC) No 394/70 of 2 March 1970 on detailed                makes provision for setting refunds for export in the
rules for granting export refunds on sugar (*), as last               natural state of products referred to in Article 1 ( 1 ) (f) and
amended by Regulation (EC) No 1 555/94 (6) ;                          (g) of that Regulation ; whereas the refund must be fixed
                                                                      per 100 kilograms of dry matter, taking account of the
                                                                      export refund for products falling within CN code
                                                                      1702 30 91 and for products referred to in Article 1 ( 1 ) (d)
                                                                      of Regulation (EEC) No 1785/81 and of the economic
Whereas Article 7 of Regulation (EEC) No 766/68                       aspects of the intended exports ; whereas the refund is to
provides that the basic amount of the refund on sorbose               be granted only for products complying with the condi­
exported in the natural state must be equal to the basic              tions in Article 3 of Commission Regulation (EEC) No
amount of the refund less one-hundredth of the produc­                 1469/77 of 30 June 1977 laying down rules for applying
tion refund applicable, pursuant to Council Regulation                the levy and the refund in respect of isoglucose and
                                                                      amending Regulation (EEC) No 192/75 (8), as amended by
(')  OJ   No   L 177, 1 . 7. 1981 , p. 4.                             Regulation (EEC) No 1 714/88 (9) ;
(2)  OJ   No   L 22, 27. 1 . 1994, p. 7.
0    OJ   No   L 143, 25. 6. 1968 , p. 6.
(4)  OJ   No   L 167, 26 . 6. 1976, p. 13 .                           0 OJ No L 170, 27. 6. 1978 , p. 9 .
0    OJ   No   L 50, 4. 3. 1970, p. 1 .                               (8) OJ No L 162, 1 . 7. 1977, p. 9 .
(j OJ No L 166, 1 . 7. 1994, p. 52.                                   0 OJ No L 152, 18 . 6. 1988 , p. 23 .
 ---pagebreak---  No L 228/8                              Official Journal of the European Communities                                   1 . 9. 94
 Whereas the representative market rates defined in Article        whereas this prohibition does not apply in certain situa­
  1 of Council Regulation (EEC) No 3813/92 ('), as                 tions as comprehensively listed in Articles 2, 4, 5 and 7
 amended by Regulation (EC) No 3528/93 (2), are used to            thereof ; whereas account should be taken of this fact
 convert amounts expressed in third country currencies             when fixing the refunds ;
 and are used as the basis for determining the agricultural
 conversion rates of the Member States' currencies ;               Whereas the measures provided for in this Regulation are
 whereas detailed rules on the application and determina­          in accordance with the opinion of the Management
 tion of these conversions were set by Commission Regu­            Committee for Sugar,
 lation (EEC) No 1068/93 (3), as amended by Regulation
 (EC) No 547/94 (4);                                               HAS ADOPTED THIS REGULATION :
 Whereas the refunds referred to above must be fixed every
 month ; whereas they may be altered in the intervening                                       Article 1
 period ;
                                                                   The export refunds on the products listed in Article 1 (1 )
 Whereas application of these quotas results in fixing             (d), (f) and (g) of Regulation (EEC) No 1785/81 , exported
 refunds for the products in question at the levels given in       in the natural state, shall be set out in the Annex hereto.
 the Annex to this Regulation ;
                                                                                              Article 2
Whereas Council Regulation (EEC) No 990/93 (*) prohi­
bits trade between the European Community and the                  This Regulation shall enter into force on 1 September
 Federal Republic of Yugoslavia (Serbia and Montenegro) ;          1994.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 31 August 1994.
                                                                              For the Commission
                                                                                Rene STEICHEN
                                                                          Member of the Commission
(') OJ  No L  387, 31 . 12. 1992, p. 1 .
(2) OJ No  L  320, 22. 12. 1993, p. 32.
(3) OJ  No L  108, 1 . 5. 1993, p. 106.
(4) OJ No  L  69, 12. 3. 1994, p. 1 .
O   OJ No  L  102, 28. 4. 1993, p. 14.
 ---pagebreak--- 1 . 9 . 94                        Official Journal of the European Communities                           No L 228/9
                                                          ANNEX
           to the Commission Regulation of 31 August 1994 fixing the export refunds on syrups and
                          certain other sugar products exported in the natural state
                                   Product code                         Amount of refund
                                                                  — ECU/ 100 kg dry matter —
                                  1702 40 10 100                          34,87     (2) (3)
                                  1702 60 10 000                          34,87     (2) (3)
                                                                — ECU/ 1 % sucrose X 100 kg —
                                  1702 60 90 900                            0,3487 (')(3)
                                                                  — ECU/ 100 kg dry matter —
                                  1702 90 30 000                          34,87     (2)(3)
                                                                — ECU/ 1 % sucrose x 100 kg —
                                  1702 90 60 000                            0,3487 (') (3)
                                  1702 90 71 000                            0,3487 (>) (3)
                                  1702 90 90 800                            0,3487 (') (3) (4)
                                                                  — ECU/ 100 kg dry matter —
                                  2106 90 30 000                          34,87     (2) (3)
                                                                — ECU/ 1 % sucrose x 100 kg —
                                  2106 90 59 000                            0,3487 (') (3)
                      (') 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 .
                      (') Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Monte­
                          negro) may be granted only where the conditions laid down in Regulation
                          (EEC) No 990/93 are observed .
                      (4) The basic amount is not applicable to the product defined under point 2 of the
                          Annex to Regulation (EEC) No 3513/92 (OJ No L 355, 5. 12. 1992, p. 12).
                       NB : The product codes and the footnotes are defined in Commission
                              Regulation (EEC) No 3846/87 (OJ No L 366, 24. 12. 1987, p. 1 ), as
                              last amended by Regulation (EC) No 607/94 (OJ No L 77,
                              19 . 3. 1994, p. 5).