Commission Regulation (EEC) No 447/83 of 25 February 1983 concerning the adjustment of certain export refunds fixed in advance in the sugar sector

COMMISSION  REGULATION (EEC) No 447/83
of 25 February 1983
concerning the adjustment of certain export refunds fixed in advance in the sugar sector
THE COMMISSION OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic 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 (EEC) No 606/82 (2), and in particular Article 19 (3) and (7) thereof,
Whereas Article 12 of Council Regulation (EEC) No 766/68 of 18 June 1968 laying down general rules for granting export refunds on sugar (3), as last amended by Regulation (EEC) No 1489/76 (4), provides that if between the date on which an application for an export licence with advance fixing of the refund is lodged and the date of export there is an alteration in the prices for sugar fixed in the context of the common organization of the markets in the sugar sector, provision may be made for adjustment of the refund;
Whereas this situation is likely to occur; whereas, for white sugar and raw sugar exported in the natural state from 1 July 1983 with advance fixing of the refunds determined under Commission Regulations (EEC) No 2016/82 (5) and (EEC) No 2015/82 (6), respectively, provision has been made for adjusting the refund at the request of the party concerned; whereas use should also be made of this provision to adjust the refunds in the case of white sugar and raw sugar exported in the form of the processed goods listed in the Annexes to Council Regulation (EEC) No 3035/80 of 11 November 1980 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty and the criteria for fixing the amount of such refunds (7), as last amended by Regulation (EEC) No 764/82 (8), which were fixed in advance before 1 July 1983 and for which the customs export formalities were completed on or after that date;
Whereas Article 5 (2) of Regulation (EEC) No 3035/80 provides that the rate of refund under the system of advance fixing is to be adjusted according to the same rules applying to the advance fixing of refunds on basic products exported in the natural state; whereas this adjustment will therefore be made on the basis of the difference between the intervention price for the sugar in question applicable for the 1982/83 marketing year and that applicable to the same sugar for the 1983/84 marketing year, each of these prices being increased by the relevant storage levy; whereas, by reason of the trend in the volume of trade in the products listed in Article 1 (1) (d) of Regulation (EEC) No 1785/81 and white and raw candy sugar, the provision for adjusting the refunds under the same conditions should be applied to those products and, to ensure equal treatment, should also be extended to isoglucose where the products in question are exported as such or in the form of processed goods listed in the Annexes to Regulation (EEC) No 3035/80;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,