CELEX: 31992R3878
Language: en
Date: 1992-12-31 00:00:00
Title: Commission Regulation (EEC) No 3878/92 of 30 December 1992 fixing the export refunds on syrups and certain other sugar products exported in the natural state

No L 391 /8                              Official Journal of the European Communities                                  31 . 12. 92
                                      COMMISSION REGULATION (EEC) No 3878/92
                                                     of 30 December 1992
                  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
Economic 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 (EEC) No 3814/92 (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 13 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 0, as last               natural state of products referred to in Article 1 (1 ) (f) and
amended by Regulation (EEC) No 1 684/92 (*) ;                       (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 1714/88 (9) ;
0   OJ   No  L 387, 31 . 12. 1992.
(3) OJ   No  L 143, 25. 6. 1968, p. 6.
O   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.
(0  OJ   No  L 176, 30. 6. 1992, p. 31 .                            O OJ No L 152, 18. 6. 1988, p. 23.
 ---pagebreak--- 31 . 12. 92                               Official Journal of the European Communities                              No L 391 /9
Whereas the representative market rates defined in Article          enumeration laid down in Articles 2 and 3 ; whereas this
1 of Council Regulation (EEC) No 3813/92 (') are used to .          should be taken into account when refunds are fixed ;
convert amounts expressed in third country currencies
and are used as the basis for determining the agricultural          Whereas the measures provided for in this Regulation are
conversion rates of the Member States' currencies ;                 in accordance with the opinion of the Management
whereas detailed rules on the application and determina­            Committee for Sugar,
tion of these conversions were set by Commission Regu­
lation (EEC) No 3819/92 (2) ;
Whereas the refunds referred to above must be fixed every            HAS ADOPTED THIS REGULATION :
month ; whereas they may be altered in the intervening
period ;
                                                                                               Article 1
Whereas application of these quotas results in fixing
refunds for the products in question at the levels given in         The export refunds on the products listed in Article 1 (1 )
the Annex to this Regulation ;                                      (d), (f) and (g) of Regulation (EEC) No 1785/81 , exported
                                                                    in the natural state, shall be set our in the Annex hereto.
Whereas Council Regulation (EEC) No 1432/92 (3), as
amended by Regulation (EEC) No 3534/92 (4), prohibits
trade between the Community and the Republics of                                               Article 2
Serbia and Montenegro ; whereas this prohibition does
not apply to certain situations as given in the limitative          This Regulation shall enter into force on 1 January 1993.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 30 December 1992.
                                                                               For the Commission
                                                                                Ray MAC SHARRY
                                                                           Member of the Commission
 (') OJ No  L 387,  31 . 12. 1992, p. 1 .
 0   OJ No  L 387,  31 . 12. 1992.
 (3) OJ No  L 151 , 3. 6. 1992, p. 4.
(4)  OJ No  L 358,  8. 12. 1992, p. 16.
 ---pagebreak--- No L 391 / 10                       Official Journal of the European Communities                               31 . 12. 92
                                                              ANNEX
              to the Commission Regulation of 30 December 1992 fixing the export refunds on syrups
                         and certain other sugar products exported in the natural state
                                      Product code                            Amount of refund
                                                                             — ECU/ 100 kg —
                                     1702 40 10 100                             40,68    (2)(3)
                                     1702 60 10 000                             40,68    (2)(3)
                                                                     — ECU/ 1 % sucrose x 100 kg —
                                     1702 60 90 000                               0,4068 (>)(3)
                                                                             — ECU/ 100 kg —
                                     1702 90 30 000                             40,68    (2) (3)
                                                                     — ECU/ 1 % sucrose x 100 kg —
                                     1702 90 60 000                               0,4068 (])(3)
                                     1702 90 71 000                               0,4068 (') (3)
                                     1702 90 90 900                               0,4068 (')j3)
                                                                       — ECU/ 100 kg dry matter —
                                     2106 90 30 000                             40,68    (2)(3)
                                                                    — ecus/ 1 % de sucrose x 100 kg —
                                     2106 90 59 000                               0,4068 (') (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 for exports to the Republics of Serbia and Montenegro may only be
                              granted for humanitarian aid supplied by charitable organizations fulfilling the
                              conditions laid down in Article 2 (a) and Article 3 of Council Regulation (EEC)
                              No 1432/92.
                          NB : The product codes and the footnotes are defined in amended
                                  Commission Regulation (EEC) No 3846/87.