31979R2161

4 . 10 . 79 Official Journal of the European Communities No L 250/9

COMMISSION REGULATION ( EEC) No 2161 /79 of 3 October 1979 fixing the export 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 COMMUNITIES, requirements of certain markets may make it neces­ sary to vary the refund for sugar according to destina­ Having regard to the Treaty establishing the European tion ; Economic Community, Whereas, in special cases, the amount of the refund Having regard to Council Regulation (EEC) No may be fixed by other legal instruments ; 3330/74 of 19 December 1974 on the common organi­ zation of the market in sugar (*), as last amended by Regulation (EEC) No 1396/78 (2), and in particular the Whereas, if the refund system is to operate normally, first sentence of the last subparagraph of Article 19 (2) refunds should be calculated on the following basis : thereof, — in the case of currencies which are maintained in Having regard to the opinion of the Monetary relation to each other at any given moment within Committee, a band of 2-25 % , a rate of exchange based on their effective parity ; Whereas Article 19 of Regulation (EEC) No 3330/74 — for other currencies, an exchange rate based on the provides that the difference between quotations or arithmetic mean of the spot market rates of each prices on the world market for the products listed in of these currencies recorded for a given period in Article 1 ( 1 ) (a) of that Regulation and prices for those relation to the Community currencies referred to products within the Community may be covered by in the previous indent ; an export refund ;

Whereas Council Regulation (EEC) No 766/68 of 18 Whereas the refund must be fixed every two weeks ; June 1968 laying down general rules for granting whereas it may be altered in the intervening period ; export refunds on sugar (3), as last amended by Regula­ tion (EEC) No 1489/76 (4), provides that when refunds Whereas it follows from applying the rules set out on white and raw sugar, undenatured and exported in above to the present situation on the market in sugar the natural state, are being fixed account must be and in particular to quotations or prices for sugar taken of the situation on the Community and world within the Community and on the world market that markets in sugar and in particular of the price and the refund should be as set out in the Annex hereto ; 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 respect of the standard quality ; whereas the latter is defined in Article 1 of Council Regulation (EEC) No 431 /68 of 9 April 1968 determining the standard HAS ADOPTED THIS REGULATION : quality for raw sugar and fixing the Community fron­ tier crossing point for calculating cif prices for sugar (5) ; whereas, furthermore, this refund should be Article 1 fixed in accordance with Article 5 (2) of Regulation (EEC) No 766/68 ; whereas candy sugar is defined in Commission Regulation (EEC) No 394/70 of 2 March The export refunds on the products listed in Article 1 1970 on detailed rules for granting export refunds on ( 1 ) (a) of Regulation ( EEC) No 3330 /74, undenatured sugar (6), as amended by Regulation (EEC) No and exported in the natural state, shall be as set out in 1467/77 F); the Annex hereto .

(») OJ No L 359, 31 . 12. 1974, p. 1 . (2) OJ No L 170, 27. 6. 1978 , p. 1 . Article 2 (') OJ No L 143, 25. 6. 1968 , p. 6. («) OJ No L 167, 26. 6. 1976, p. 13 . (5) OJ No L 89, 10. 4. 1968, p. 3 . (6) OJ No L 50, 4. 3. 1970, p. 1 . This Regulation shall enter into force on 4 October 1979 . (7) OJ No L 162, 1 . 7. 1977, p. 6.

No L 250/ 10 4 . 10 . 79 Official Journal of the European Communities

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

Done at Brussels, 3 October 1979 .

For the Commission

Finn GUNDELACH Vice-President

ANNEX

to the Commission Regulation of 3 October 1979 fixing the export refunds on white sugar and raw sugar, exported in the natural state (ECU / 100 kg)

CCT Description Refund heading No

17.01 Beet sugar and cane sugar, solid : A. White sugar ; flavoured or coloured sugar 21 00 B. Raw sugar : (a) Candy sugar 22.04 (!) (b) Other raw sugar 18.00 (1)

(') 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 .