CELEX: 31997R0383
Language: en
Date: 1997-02-28 00:00:00
Title: COMMISSION REGULATION (EC) No 383/97 of 28 February 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

1 . 3 . 97               [ EN                Official Journal of the European Communities                                No L 60 /47
                                             COMMISSION REGULATION (EC) No 383/97
                                                             of 28 February 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 1 126/96 (6), 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
 fixed for each month ;                                                                              Article 1
                                                                         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 11 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 March 1997.
(') OJ No L 177, 1 . 7. 1981 , p. 4.
(2 OJ No L 206, 16. 8. 1996, p. 43.
(3) OJ No L 136, 31 . 5. 1994, p. 5.                                     0 OJ No L 94, 9. 4. 1986, p. 9.
b) OJ No L 30, 8. 2. 1996, p. 24.                                        (6) OJ No L 150 , 25. 6. 1996, p. 3 .
 ---pagebreak--- No L 60 /48         lENl                   Official Journal of the European Communities                                                   1 . 3 . 97
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 28 February 1997 .
                                                                                           For the Commission
                                                                                           Martin BANGEMANN
                                                                                    Member of the Commission
                                                                    ANNEX
            to the Commission Regulation of 28 February 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/ 1 00 kg
                                       Product                                      In case of
                                                                                 advance fixing                          Other
                                                                                    of refunds
           White sugar:
           — pursuant to Article 4 (5) (b) of Regulation (EC)                           3,84                              3,84
                 No 1222/94
           — in all other cases                                                       41,47                             41,47
           Raw sugar:
           — pursuant to Article 4 (5) (b) of Regulation (EC)                           3,53                              3,53
                No 1222/94
           — in all other cases                                                       38,15                             38,15
           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)                    3,84 (4) x S (')                  3,84 (4) x S (')
                No 1222/94                                                             100                               100
           — in all other cases                                                 41,47 (4) x S (')                 41,47 (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)                          3,84 (3)                          3,84 (3)
                No 1222/94
           — in all other cases                                                       41,47 (3)                         41,47 (3)
          (') '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 % .
          (3) 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).