31988R0320

4. 2. 88 No L 32/8 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 320/88 of 3 February 1988 fixing the export refunds on white sugar and raw sugar exported in the natural state

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 2 March 1970 on detailed rules for granting export refunds on sugar (*), as amended by Regulation (EEC) No 1467/77 Q ; whereas the refund thus calculated for aroma­ tized sugars or for sugars with colouring added must apply Having regard to the Treaty establishing the European Economic Community, to their sucrose content and, accordingly, be fixed per 1 % of the said content ;

Having regard to the Act of Accession of Spain and Whereas the world market situation or the specific requi­ Portugal, rements of certain markets may make it necessary to vary the refund for sugar according to destination ; Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the Whereas, in special cases, the amount of the refund may markets in the sugar sector ('), as last amended by Regula­ be fixed by other legal instruments ; tion (EEC) No 3993/87 (2), and in particular point (a) of the first subparagraph of Article 19 (4) thereof,

Whereas, if the refund system is to operate normally, refunds should be calculated on the following basis : Having regard to the opinion of the Monetary Committee, I — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Whereas Article 19 of Regulation (EEC) No 1785/81 of 2,25 % , a rate of exchange based on their central provides that the difference between quotations or prices rate, multiplied by the corrective factor provided for in on the world market for the products listed in Article 1 the last paragraph of Article 3 ( 1 ) of Council Regula­ ( 1 ) (a) of that Regulation and prices for those products tion (EEC) No 1676/85 (8), as last amended by Regula­ within the Community may be covered by an export tion (EEC) No 1636/87 (9), refund : — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of Whereas Council Regulation (EEC) No 766/68 of 18 June these currencies recorded over a given period in rela­ 1968 laying down general rules for granting export tion to the Community currencies referred to in the refunds on sugar (3), as last amended by Regulation (EEC) previous indent, and the aforesaid coefficient ; No 1489/76 (4), provides that when refunds on white and raw sugar, undenatured and exported in the natural state, are being fixed account must be taken of the situation on Whereas the refund must be fixed every two weeks ; the Community and world markets in sugar and in parti­ whereas it may be altered in the intervening period ; cular 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 Whereas, following the introduction of the 'combined be taken into account ; nomenclature' by Council Regulation (EEC) No 2658 / 87 (10), the nomenclature applicable from 1 January 1988 to export refunds on agricultural products was established Whereas the refund on raw sugar must be fixed in respect by Regulation (CEE) No 3846/87 (") ; 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 quality for raw sugar Whereas it follows from applying the rules set out above and fixing the Community frontier crossing point for to the present situation on the market in sugar and in calculating cif prices for sugar (*) ; whereas, furthermore, particular to quotations or prices for sugar within the this refund should be fixed in accordance with Article 5 Community and on the world market that the refund (2) of Regulation (EEC) No 766/68 ; whereas candy sugar should be as set out in the Annex to this Regulation ; is defined in Commission Regulation (EEC) No 394/70 of («) OJ No L 50 , 4. 3 . 1970, p. 1 . (') OJ No L 177, 1 . 7. 1981 , p. 4. 0 OJ No L 162, 1 . 7. 1977, p. 6. (2) OJ No L 377, 31 . 12. 1987, p. 23 . (8) OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 143, 25. 6. 1968 , p. 6. 0 OJ No L 153 , 13 . 6 . 1987, p. 1 . (<) OJ No L 167, 26. 6 . 1976, p. 13 . H OJ No L 256, 7. 9 . 1987, p. 1 . 0 OJ No L 89, 10 . 4. 1968 , p. 3 . (") OJ No L 366, 24. 12. 1987, p. 1

V

4. 2. 88 No L 32/9 Official Journal of the European Communities

Whereas the measures provided for in this Regulation are exported in the natural state, shall be as set out in the Annex hereto . in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION : Article 2 Article 1

The export refunds on the products listed in Article 1 ( 1 ) (a) of Regulation (EEC) No 1785/81 undenatured and This Regulation shall enter into force on 4 February 1988 .

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

Done at Brussels, 3 February 1988 . For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 3 February 1988 fixing the export refunds on white sugar and raw sugar exported in the natural state

(ECU) Amount of refund \

Product code per percentage point of sucrose content and per 100 kg per 100 kg net of the product in question

1701 11 90 100 37,78 (') 1701 11 90 300 0,4107 1701 11 90 500 36,87 (') 1701 11 90 900 (2) 1701 12 90 100 37,78 (') 1701 12 90 300 0,4107 1701 12 90 500 36,87 (•) 1701 12 90 900 (2) 1701 91 00 000 0,4107 1701 99 10 100 41,07 1701 99 10 900 40,72

(*) 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 . (2) Fixing suspended by Commission Regulation (EEC) No 2689/85 (OJ No L 255, 26. 9 . 1985, p. 12), as amended by Regulation (EEC) No 3251 /85 (OJ No L 309, 21 . 11 . 1985, p. 14).