31985R1687

21 . 6 . 85 Official Journal of the European Communities No L 162/ 15

COMMISSION REGULATION (EEC) No 1687/85 of 20 June 1985 on the adjustment of certain export refunds fixed in advance in the sugar sector

THE COMMISSION OF THE EUROPEAN advance before 1 July 1985, with completion of the COMMUNITIES, customs export formalities on or after that date ;

Whereas Article 5 (2) of Regulation (EEC) No 3035/80 Having regard to the Treaty establishing the European provides that the rate of refund under the system of Economic Community, 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 Having regard to Council Regulation (EEC) No this adjustment will therefore be made on the basis of 1785/81 of 30 June 1981 on the common organization the difference between the intervention price for the of the markets in the sugar sector ('), as last amended sugar in question applicable for the 1984/85 mar­ by Regulation (EEC) No 1482/85 (2), and in particular keting year and that applicable to the same sugar for Article 19 (3) and (7) thereof, the 1985/86 marketing year ; 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 in white and raw candy sugar, the provision for adjus­ Whereas Article 12 of Council Regulation (EEC) No ting the refunds should be applied to those products 766/68 of 18 June 1968 laying down general rules for under the same conditions and, to ensure equal treat­ granting export refunds on sugar (3), as last amended ment, should also be extended to isoglocose where the by Regulation (EEC) No 1489/76 (4), provides that if, products in question are exported in the natural state between the date on which an application for an or in the form of processed goods listed in the export licence with advance fixing of the refunds is Annexes to Regulation (EEC) No 3035/80 ; lodged and the date of export, there is an alteration in the prices for sugar sector, an adjustment may be made to the refund ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, Whereas the Community sugar prices fixed for the 1985/86 marketing year with effect from 1 July are higher than prices for 1984/85 ; whereas, for white sugar and raw sugar exported in the natural state from I July 1985 with advance fixing of the refunds as determined by tender under Commission Regulations HAS ADOPTED THIS REGULATION : (EEC) No 2384/84 0 and (EEC) No 2385/84 («) respec­ tively, provision has been made for adjusting the refund at the request of the recipient ; whereas use should also be made of this provision to adjust the refunds in the case of white sugar and raw sugar Article 1 exported in the form of the goods listed in the Annexes to Council Regulation (EEC) No 3035/80 of II November 1980 laying down general rules for 1 . Provided that the conditions set out in Article 12 granting export refunds on certain agricultural products exported in the form of goods not covered by of Regulation (EEC) No 766/68 are satisfied, export Annex II to the Treaty and the criteria for fixing the refunds fixed in advance before 1 July 1985 for the amount of such refunds Q, as last amended by Regula­ products listed in Annex I and exported on or after tion (EEC) No 1028/83 (8), such refunds being fixed in that date shall be adjusted, at the request of the export licence holders concerned, in accordance with the conditions set out below. (') OJ No L 177, 1 . 7. 1981 , p. 4. (2) OJ No L 151 , 10 . 6. 1985, p. 1 . (3) OJ No L 143, 25. 6. 1968, p. 6. 0 OJ No L 167, 26. 6. 1976, p. 13. 2. Paragraph 1 shall also apply to products listed in O OJ No L 221 , 18 . 8 . 1984, p. 16. Annex II which are exported in the form of the goods («) OJ No L 221 , 18 . 8 . 1984, p. 21 . 0 OJ No L 323, 29 . 11 . 1980, p. 27. listed in the Annexes to Regulation (EEC) No 0 OJ No L 116, 27. 4. 1983, p. 9. 3035/80 .

No L 162/ 16 21 . 6 . 85 Official Journal of the European Communities

3. Applications for adjustment must be submitted tion ; the amount shall be equal to one-hundredth of the difference established in accordance with by the export licence holders concerned, before completion of the customs export formalities relating the said Article ; to the quantities concerned, to the competent auth­ (b) subheadings 17.02 D I and 21.07 F III of the ority of the Member State which has issued the Common Customs Tariff, the adjustment deter­ licence . mined in accordance with Article 2 shall apply per Tha authority shall insert the relevant adjustment in 100 kilograms of dry matter contained in the product in question. section 18 (a) of the export licence and shall place its stamp thereon. Article 4 Article 2 1 . For raw sugar falling within subheading 17.01 B of the Common Customs Tariff, the adjustment For white sugar falling within subheading 17.01 of the Common Customs Tariff, the adjustment referred referred to in Article 1 shall be made by increasing the to in Article 1 shall be obtained by increasing the export refund by the difference, expressed in ECU per 100 kilograms of sugar, between the intervention price export refund by the difference, expressed in ECU per for raw sugar applicable with effect from 1 July 1985 100 kilograms of sugar, between the intervention price for white sugar in the non-deficit areas applicable with and the corresponding intervention price applicable on 30 June 1985. effect from 1 July 1985 and the corresponding inter­ vention price applicable on 30 June 1985. 2. Where the yield of the raw sugar differs from that of the standard quality as defined irv Council Article 3 Regulation (EEC) No 431 /68 ('), the amount of the adjustment determined in accordance with paragraph For the products listed in the Annexes falling within : 1 shall be adapted in accordance with Article 2 of (a) subheadings ex 17.01 A (flavoured or coloured Commission Regulation (EEC) No 837/68 (2). sugars), 17.02 D II, E and F I and 21.07 F IV of the Common Customs Tariff, the adjustment deter­ Article 5 mined in accordance with Article 2 shall apply per 1 % of sucrose contained in the product in ques­ This Regulation shall enter into force on 1 July 1985.

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

Done at Brussels, 20 June 1985. For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 89, 10 . 4. 1968, p. 3 . b) OJ No L 151 , 30. 6. 1968, p. 42.

21 . 6. 85 No L 162/ 17 Official Journal of the European Communities

ANNEX I

CCT heading Description No

17.01 Beet sugar and cane sugar, in solid form :

A. White sugar ; flavoured or coloured sugar : (I) White candy sugar (II) Flavoured or coloured sugar

B. Raw sugar : II . Other : — Candy sugar

17.02 Other sugars in solid form ; sugar syrups, not containing added flavouring or colouring matter ; artificial honey, whether or not mixed with natural honey ; caramel :

D. Other sugars and syrups (other than lactose, glucose and malto-dextrine) : I. Isoglucose ex II. Other, excluding sorbose

E. Artificial honey, whether or not mixed with natural honey

F. I. Caramelized sugar and molasses containing, in the dry state, 50 % or more by weight of sucrose

21.07 Food preparations not elsewhere specified or included :

F. Flavoured or coloured sugar syrups : III. Isoglucose IV. Other (other than lactose, glucose and malto-dextrine syrups)

ANNEX II

CCT heading Description No

ex 17.01 A White sugar

17.01 B Raw sugar

17.02 D I Isoglucose

ex 17.02 D II Beet syrup and cane syrup containing, in the dry state, 98 % or more by weight of sucrose (including invert sugar calculated in terms of sucrose)