Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector

COMMISSION  REGULATION (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the  grant of export refunds in the sugar sector
THE COMMISSION OF THE EUROPEAN  COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of  the markets in the sugar sector  (1), as last amended by Regulation (EC) No 1101/95  (2), and in  particular Article 17 (15) thereof;
Whereas the Agreement on Agriculture reached during the Uruguay Round multilateral trade  negotiations, hereinafter referred to as the 'Agreement`, requires in particular that the  regulations applicable to exports of sugar be adapted; whereas Title II (Trade with third  countries) of the basic Regulation (EEC) No 1785/81 was revised as a result of that Agreement by  Council Regulation (EC) No 3290/94  (3); whereas, consequently, the detailed rules of application  for granting export refunds on sugar laid down by Commission Regulations (EEC) No 394/70  (4), as  last amended by Regulation (EC) No 2529/94  (5), and (EEC) No 1469/77  (6), as amended by  Regulation (EEC) No 1714/88  (7), should also be reviewed, the Regulations being repealed while  those provisions still relevant to the application of the refund system are carried over;
Whereas candy sugar, which is manufactured from white sugar or refined raw sugar, very often has a  degree of polarization of less than 99,5  %; whereas, in view of the high degree of purity of the  raw material used, the refund on candy sugar should be as close as possible to the refund on white  sugar; whereas a precise definition of candy sugar should be laid down;
Whereas the intervention prices for white sugar and raw sugar are fixed without taking account of  the storage levy provided for in Article 8 of Regulation (EEC) No 1785/81; whereas, however,  account should be taken of the impact of that levy on sugar prices and the export refunds should be  determined accordingly;
Whereas, in order to ensure equal treatment of all parties concerned in the Community, a standard  method for determining the sucrose content of certain products should be laid down; whereas special  provisions must be laid down to cover cases where that method does not allow the total sucrose  content to be determined;
Whereas, in the case of syrups with a relatively low degree of purity, the sucrose content should  be fixed at a flat rate on the basis of the extractable sugar content;
Whereas exports of white sugar to third countries are more and more frequently preceded by storage  in bulk in port warehouses or silos, bagging being carried out at the last minute when the ship is  ready to be loaded or on board the vessel itself; whereas, as a result, such operations imply the  shared use at the port concerned of a silo in which sugar from various sugar companies is stored  and therefore mixed; whereas, as the regulations now stand, in order to qualify for advance payment  of refunds, since sugar must be stored under conditions permitting it to be identified physically,  mixing with other sugar is not permitted; whereas this situation thus prevents a major percentage  of Community sugar exported to third countries from qualifying for advance payment of export  refunds;
Whereas, furthermore, the special features of white sugar, namely its high degree of technical and  commercial homogeneity, make it possible to relax the regulatory constraints on that product while  still ensuring that the product is actually exported after payment of the refund; whereas, under  these circumstances, mixing white sugar from various sources at one place of storage should under  certain conditions (in particular subject to controls) be permitted for the purposes of the advance  payment of export refunds, by amending the relevant provisions on the sugar sector;
Whereas, with a view to granting export refunds on isoglucose and inulin syrup, limits should be  laid down as regards the fructose and polysaccharide content in order to ensure that the refund is  granted only on the true product as such; whereas, as regards inulin syrup, the production quotas  and production levies are established at the same level as for sugar and isoglucose by applying a  coefficient of 1,9; whereas, as a result, the refund on inulin syrup should be established using  that coefficient; whereas the export refund on isoglucose and inulin syrup should be fixed each  month in line with the monthly fixing of other refunds in the sugar sector;
Whereas it is economically desirable to provide for the possibility of refunds being adjusted in  cases where changes occur in the intervention prices and the price for molasses between the time  they are fixed and actual export;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Sugar,