CELEX: 32000R1864
Language: en
Date: 2000-08-31 00:00:00
Title: Commission Regulation (EC) No 1864/2000 of 31 August 2000 fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty

1.9.2000                 EN                   Official Journal of the European Communities                                        L 221/21
                                         COMMISSION REGULATION (EC) No 1864/2000
                                                           of 31 August 2000
               fixing the rates of refunds applicable to certain products from the sugar sector exported in the
                                      form of goods not covered by Annex I to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                              (5)     The commitments entered into with regard to refunds
                                                                                 which may be granted for the export of agricultural
                                                                                 products contained in goods not covered by Annex I to
                                                                                 the Treaty may be jeopardized by the fixing in advance
Having regard to the Treaty establishing the European                            of high refund rates. It is therefore necessary to take
Community,                                                                       precautionary measures in such situations without,
                                                                                 however, preventing the conclusion of long-term
                                                                                 contracts. The fixing of a specific refund rate for the
Having regard to Council Regulation (EC) No 2038/1999 of 13                      advance fixing of refunds is a measure which enables
September 1999 on the common organisation of the market in                       these various objectives to be met.
sugar (1), as amended by Commission Regulation (EC) No
1527/2000 (2), and in particular Article 18(5)(a) and (15),              (6)     Pursuant to Article 4(3) of Regulation (EC) No 1520/
                                                                                 2000 a reduced rate of export refund has to be fixed,
                                                                                 taking account of the amount of the production refund
Whereas:                                                                         applicable, pursuant to Council Regulation (EEC) No
                                                                                 1010/86 (4), as last amended by Commission Regulation
                                                                                 (EC) No 1148/98 (5), for the basic product in question,
                                                                                 used during the assumed period of manufacture of the
(1)     Article 18(1) and (2) of Regulation (EEC) No 1785/81                     goods.
        provides that the differences between the prices in inter-
        national trade for the products listed in Article 1(1)(a),
        (c), (d), (f), (g) and (h) of that Regulation and prices         (7)     It is necessary to ensure continuity of strict management
        within the Community may be covered by an export                         taking account of expenditure forecasts and funds avail-
        refund where these products are exported in the form of                  able in the budget.
        goods listed in the Annex to that Regulation. Commis-
        sion Regulation (EC) No 1520/2000 of 13 July 2000                (8)     The measures provided for in this Regulation are in
        laying down common implementing rules for granting                       accordance with the opinion of the Management
        export refunds on certain agricultural products exported                 Committee for Sugar,
        in the form of goods not covered by Annex I to the
        Treaty and the criteria for fixing the amount of such
        refunds (3) specifies the products for which a rate of
        refund should be fixed, to be applied where these prod-
        ucts are exported in the form of goods listed in Annex I
        to Regulation (EC) No 2038/1999.
                                                                         HAS ADOPTED THIS REGULATION:
(2)     In accordance with Article 4(1) of Regulation (EC) No
        1520/2000, the rate of the refund per 100 kilograms for                                        Article 1
        each of the basic products in question must be fixed for
        each month.
                                                                         The rates of the refunds applicable to the basic products
                                                                         appearing in Annex A to Regulation (EC) No 1520/2000 and
                                                                         listed in Article 1(1) and (2) of Regulation (EC) No 2038/1999,
(3)     Article 18(3) of Regulation (EC) No 2038/1999 and                exported in the form of goods listed in Annex I to Regulation
        Article 11 of the Agreement on Agriculture concluded             (EC) No 2038/1999, are fixed as shown in the Annex hereto.
        under the Uruguay Round lay down that the export
        refund for a product contained in a good may not
        exceed the refund applicable to that product when
        exported without further processing.
                                                                                                       Article 2
(4)     The refunds fixed under this Regulation may be fixed in          Where a refund certificate issued before 15 July 2000 is used,
        advance as the market situation over the next few                and with regard to the goods listed in the Annex to Regulation
        months cannot be established at the moment.                      (EEC) No 1010/86, a reduced rate of refund which takes
                                                                         account of the amount of the production refund shall apply.
(1) OJ L 252, 25.9.1999, p. 1.
(2) OJ L 175, 14.7.2000, p. 59.                                          (4) OJ L 94, 9.4.1986, p. 9.
(3) OJ L 177, 15.7.2000, p. 1.                                           (5) OJ L 265, 30.9.1998, p. 8.
 ---pagebreak--- L 221/22         EN                     Official Journal of the European Communities                                      1.9.2000
         However, if, at the time the export declaration is accepted and, in support of his application for payment of
         the export refund, the operator provides proof that, with regard to the basic products used to manufacture
         the goods to be exported, the production refund provided for under Regulation (EEC) No 1010/86 has not
         been and will not be applied for, the rate of refund which does not take account of the amount of the
         production refund shall apply.
         The proof referred to in the previous paragraph shall consist of the presentation by the exporter of a
         declaration by the processor of the basic product in question which attests that, with regard to this product,
         the production refund provided for under Regulation (EEC) No 1010/86 has not been and will not be
         applied for. This declaration shall be verified in accordance with Article 16(1) of Regulation (EC) No
         1520/2000.
                                                            Article 3
         This Regulation shall enter into force on 1 September 2000.
                This Regulation shall be binding in its entirety and directly applicable in all Member States.
                Done at Brussels, 31 August 2000.
                                                                                    For the Commission
                                                                                        Erkki LIIKANEN
                                                                               Member of the Commission
                                                             ANNEX
         to the Commission Regulation of 31 August 2000 fixing the rates of the refunds applicable to certain products in
                   the sugar sector exported in the form of goods not covered by Annex I to the Treaty
                                                                                  Rate of refund in EUR/100 kg
                                Product                                  In case of
                                                                      advance fixing of                        Other
                                                                          refunds
         White sugar:
         — where the first paragraph of Article 2 applies                    —                                  —
         — in all other cases                                             36,69                                36,69