31981R0407

19 . 2. 81 Official Journal of the European Communities No L 46/ 15

COMMISSION REGULATION ( EEC) No 407/ 81 of 18 February 1981 fixing the export refund on candy sugar

THE COMMISSION OF THE EUROPEAN Whereas, in special cases, the amount of the refund COMMUNITIES, may be fixed by other legal instruments ;

Having regard to the Treaty establishing the European Whereas, if the refund system is to operate normally, Economic Community, refunds should be calculated on the following basis :

— in the case of currencies which are maintained in Having regard to Council Regulation (EEC) No relation to each other at any given moment within 3330/74 of 19 December 1974 on the common organi­ a band of 2-25 % , a rate of exchange based on zation of the market in sugar ('), as last amended by their effective parity ; Regulation (EEC) No 3455/80 (2), and in particular the first sentence of the last subparagraph of Article 1 9 (2) — for other currencies, an exchange rate based on the thereof, arithmetic mean of the spot market rates of each of these currencies recorded for a given period in relation to the Community currencies referred to Having regard to the opinion of the Monetary in the previous indent ; Committee,

Whereas the refund for candy sugar must be fixed Whereas Article 19 of Regulation (EEC) No 3330/74 every two weeks ; whereas it may be altered in the provides that the difference between quotations or intervening period ; prices on the world market for the products listed in Article 1 ( l)(a) of that Regulation and prices for those products within the Community may be covered by Whereas it follows from applying the rules set out an export refund ; above to the present situation on the market in sugar and in particular to quotations or prices for sugar within the Community and on the world market that Whereas Council Regulation (EEC) No 766/68 of 18 the refund should be as set out in the Annex hereto ; June 1968 laying down general rules for granting export refunds on sugar (3), as last amended by Regula­ tion (EEC) No 1489/76 (4), provides that when refunds Whereas the measures provided for in this Regulation on sugar, undenatured and exported in the natural are in accordance with the opinion of the Manage­ state, are being fixed account must be taken of the ment Committee for Sugar, situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 3 of that Regulation ; whereas the same Article provides that the economic aspect of the proposed exports should also be taken into account ; HAS ADOPTED THIS REGULATION :

Whereas candy sugar was defined in Article 11 of Regulation (EEC) No 394/70 of 2 March 1970 on detailed rules for granting export refunds on sugar (5), Article 1 as amended by Regulation (EEC) No 1 467/77 (6) ;

The export refund on candy sugar undenatured and in Whereas the world market situation or the specific the natural state, shall be as set out in the Annex hereto . requirements of certain markets may make it neces­ sary to vary the refund for sugar according to destina­ tion ;

(») OJ No L 359, 31 . 12. 1974, p. 1 . Article 2 (2) OJ No L 360 , 31 . 12. 1980 , p. 17. (3) OJ No L 143, 25. 6 . 1968 , p. 6 . («) OJ No L 167, 26 . 6 . 1976, p . 13 . (5 ) OJ No L 50, 4. 3 . 1970, p. 1 . This Regulation shall enter into force on 19 February (4) OJ No L 162, 1 . 7 . 1977, p . 6 . 1981 .

No L 46/ 16 Official Journal of the European Communities 19 . 2 . 81

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

Done at Brussels, 18 February 1981 .

For the Commission Poul DALSAGER Member of the Commission

ANNEX

to the Commission Regulation of 18 February 1981 fixing the export refund on candy sugar (ECU / 100 kg)

CCT Description Refund heading No

17.01 Beet sugar and cane sugar, solid : ex A. White sugar : — Candy sugar 0 B. Raw sugar : ex II . Other raw sugar : — Candy sugar 0 (>)

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