31985R3748

31 . 12 . 85 No L 356/35 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3748 /85 of 30 December 198.5 fixing the rates of the refunds applicable from 1 January 1986 to certain products in the sugar sector exported in the form of goods not covered by Annex II to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES, which use third country products under inward processing arrangements ;

Having regard to the Treaty establishing the European Whereas Article 4 (3) of Regulation (EEC) No 3035/80 Economic Community, provides that, when the rate of the refund is being fixed, account should be taken, where appropriate, of refunds, aids or other measures having equivalent effect applicable Having regard to Council Regulation (EEC) No 1785/81 in all Member States in accordance with the Regulation of 30 June 1981 on the common organization of the on the common organization of the market in the markets in the sugar sector ('), as amended by Regulation product in question to the basic products listed in Annex (EEC) No 1482/85 (2), and in particular Article 19 ( 1 ) and A to that Regulation or to assimilated products ; (2) thereof,

Whereas a production refund is granted in respect of Whereas Article 19 ( 1 ) and (2) of Regulation (EEC) No white sugar or raw sugar under the conditions laid down 1785/81 provides that for the products listed in Article 1 in Council Regulation (EEC) No 1400/78 of 20 June ( 1 ) (a), (c), (d), (g) and (h) of that Regulation an export laying down general rules for the production refund on refund may be granted when these goods are exported in sugar used in the chemical industry (5) ; the form of goods listed in Annex I of that same Regula­ tion ; whereas Council Regulation (EEC) No 3035/80 of Whereas the measures provided for in this Regulation are 1 1 November 1980 laying down general rules for granting export refunds for certain agricultural products exported in accordance with the opinion of the Management Committee for Sugar, in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds (3), as last amended by Regulation (EEC) No 1982/85 (4), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in HAS ADOPTED THIS REGULATION : Annex I of Regulation (EEC) No 1785/81 ;

Whereas, in accordance with the first subparagraph of Article 1 Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of the refund per 100 kilograms for each of the basic The rates of the refunds applicable from 1 December products in question must be fixed for each month ; 1985 to the basic products appearing in Annex A to Regulation (EEC) No 3035/80 and listed in Article 1 ( 1 ) Whereas, in accordance with paragraph 2 of that Article, and (2) of Regulation (EEC) No 1785/81 , exported in the form of goods listed in Annex I to Regulation (EEC) No that rate must be determined with particular reference to : 1785/ 81 , are fixed as shown :

(a) the average costs incurred by processing industries in (a) in Table A of the Annex hereto for those same goods obtaining supplies of the basic products on the in so far as they have not benefited from the granting Community market and the prices ruling on the of a production refund provided for by Regulation world market ; (EEC) No 1400 /78 ;

(b) the level of the refunds on exports of processed agri­ (b) in Table B of the Annex hereto for goods other than cultural products covered by Annex II to the Treaty those mentioned under (a). which are manufactured under similar conditions ;

(c) the need to ensure equality of competition for the Article 2 industries which use Community products and those

(') OJ No L 177, 1 . 7. 1981 , p. 4. This Regulation shall enter into force on 1 January 1986 . 2) OJ No L 151 , 10 . 6. 1985, p. 1 . (3) OJ No L 323 , 29 . 11 . 1980 , p . 27. (4) OJ No L 186, 19 . 7 . 1985, p. 8 . 0 OJ No L 170 , 27. 6. 1978 , p. 9 .

No L 356/ 36 Official Journal of the European Communities 31 . 12 . 85

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

Done at Brussels, 30 December 1985 .

For the Commission

Karl-Heinz NARJES Vice-President

ANNEX

to the Commission Regulation of 30 December 1985 fixing the rates of the refunds applicable from 1 January 1986 to certain products in the sugar sector exported in the form of goods not covered by Annex II to the Treaty

Tab e A

Rate of refund in ECU/100 kg : White sugar : 40,92 Raw sugar : 37,64 Syrups of beet sugar or cane sugar containing, in the dry state, 98 % or more by weight of sucrose (including S (>) invert sugar expressed as sucrose) : 40,92 X 100

Molasses : Isoglucose or flavoured or coloured isoglucose syrups : 40,92 (2)

Table B

Rate of refund in ECU/100 kg : White sugar : 37,04 Raw sugar : 34,07 Syrups of beet sugar or cane sugar containing, in the dry state, 98 % or more by weight of sucrose (including S (') invert sugar expressed as sucrose) : 37,04 x 100

Molasses :

(') 'S represents the weight of sucrose (including invert sugar expressed as sucrose) in 100 kilograms of syrup. (2) Amount of refund for 100 kilograms of dry matter.