31977R0479

10 . 3 . 77 No L 64/ 11 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 479/77 of 9 March 1977 fixing the refunds on white sugar and raw sugar exported in the natural state

THE COMMISSION OF THE EUROPEAN Whereas the world market situation or the specific re­ COMMUNITIES, quirements of certain markets may make it necessary to vary the refund for sugar according to destination ; Having regard to the Treaty establishing the European Economic Community, Whereas, in special cases, the amount of the refund may be fixed by other legal means ; Having regard to Council Regulation (EEC) No 3330/74 of 19 December 1974 on the common organi­ Whereas, if the refund system is to operate normally, zation of the market in sugar ('), as last amended by refunds should be calculated on the following basis : Regulation (EEC) No 31 38/76 (2), and in particular the first sentence of the last subparagraph of Article 1 9 (2) — in the case of currencies which are maintained in thereof, relation to each other, at any given moment, within a band of 2-25 % , a rate of exchange based Having regard to the opinion of the Monetary Com­ on their effective parity ; mittee, — for other currencies an exchange rate based on the Whereas Article 19 of Regulation (EEC) No 3330/74 arithmetic mean of the spot market rates of each provides that the difference between quotations or pri­ of these currencies recorded for a given period, in ces on the world market for the products listed in Arti­ relation to the Community currencies referred to cle 1 ( l)(a) of that Regulation and prices for those pro­ in the previous subparagraph ; ducts within the Community may be covered by an export refund ; Whereas the refund must be fixed every two weeks ; whereas it may be altered in the intervening period ; Whereas Council Regulation (EEC) No 766/68 of 18 June 1968 laying down general rules for granting ex­ port refunds on sugar (3), as last amended by Regula­ Whereas it follows from applying these rules to the tion (EEC) No 1489/76 (4), provides that when refunds present situation on the market in sugar and in parti­ on white and raw sugar, undenatured and exported in cular to quotations or prices for sugar within the Com­ the natural state, are being fixed account must be munity and on the world market that the refund should be fixed at the amounts shown in the Annex taken of the situation on the Community and world markets in sugar and in particular of the price and to this Regulation ; cost factors set out in Article 3 of that Regulation ; whereas the same Article provides that the economic Whereas the measures provided for in this Regulation aspect of the proposed exports should also be taken are in accordance with the opinion of the Manage­ into account ; ment Committee for Sugar,

Whereas the refund on raw sugar must be fixed in res­ pect of the standard quality ; whereas the latter is de­ fined in Article 1 of Council Regulation (EEC) No 431 /68 of 9 April 1968 determining the standard qual­ HAS ADOPTED THIS REGULATION : ity for raw sugar and fixing the Community frontier crossing point for calculating cif prices for sugar (5) ; Article 1 Whereas, furthermore, this refund should be fixed in accordance with Article 5 (2) of Regulation (EEC) No 766/68 ; whereas candy sugar is defined in Commis­ The refunds on the products listed in Article 1 ( 1 ) (a) sion Regulation (EEC) No 394/70 of 2 March 1970 on of Regulation (EEC) No 3330/74, undenatured and detailed rules for granting export refunds on sugar (6), exported in the natural state, are hereby fixed at the amounts shown in the Annex . as amended by Regulation (EEC) No 1499/76 (7) ;

(!) OJ No L 359, 31 . 12. 1974, p. 1 . (2) OJ No L 354, 24. 12. 1976, p. 1 . Article 2 (3) OJ No L 143, 25. 6. 1968 , p. 6. (4) OJ No L 167, 26. 6. 1976, p. 13 . (') OJ No L 89, 10. 4. 1968, p. 3 . (b) OJ No L 50, 4. 3 . 1970, p. 1 . This Regulation shall enter into force on 10 March (7) OJ No L 167, 26. 6. 1976, p. 29 . 1977 .

No L 64/ 12 10 . 3 . 77 Official Journal of the European Communities

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 9 March 1977.

For the Commission Finn GUNDELACH Vice-President

ANNEX

to the Commission Regulation of 9 March 1977 fixing the refunds on white sugar and raw sugar exported in the natural state (u.a./100 kg)

CCT Description of goods Refund heading No

17.01 Beet sugar and cane sugar, solid : A. White sugar 14.00 B. Raw sugar : (a) Candy sugar 1 4.55 (') (b) Other raw sugar 12.00 (')

(') Applicable to raw sugar with a yield of 92 % ; if the yield is other than 92 % , the refund applicable is calculated in accordance with the provisions of Article 5 (3) of Regulation ( EEC) No 766/68 .