31988R2164

No L 190/ 18 Official Journal of the European Communities 21 . 7 . 88

COMMISSION REGULATION (EEC) No 2164/88 . of 20 July 1988 fixing the export refunds on white sugar and raw sugar exported in the natural state

THE COMMISSION OF THE EUROPEAN COMMUNITIES, this refund should be 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 1970 on detailed rules for granting export Having regard to the Treaty establishing the European refunds on sugar (*), as amended by Regulation (EEC) No Economic Community, 1714/88 Q ; whereas the refund thus calculated for aroma­ tized sugars or for sugars with colouring added must apply to their sucrose content and, accordingly, be fixed per Having regard to the Act of Accession of Spain and 1 % of the said content ; Portugal,

Whereas the world market situation or the specific Having regard to Council Regulation (EEC) No 1785/81 requirements of certain markets may make it necessary to of 30 June 1981 on the common organization of the vary the refund for sugar according to destination ; markets in the sugar sector ('), as last amended by Regula­ tion (EEC) No 1 107/88 (2), and in particular point (a) of the first subparagraph of Article 19 (4) and Article 19(7) thereof, Whereas, in special cases, the amount of the refund may be fixed by other legal instruments ;

Having regard to the opinion of the Monetary Committee,

Whereas, if the refund system is to operate normally, Whereas Article 19 of Regulation (EEC) No 1785/81 refunds should be calculated on the following basis : provides that the difference between quotations or prices on the world market for the products listed in Article 1 — in the case of currencies which are maintained in rela­ ( 1 ) (a) of that Regulation and prices for those products within the Community may be covered by an export tion to each other at any given moment within a band refund : of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 ( 1 ) of Council Regula­ tion (EEC) No 1676/85 (8), as last amended by Regula­ Whereas Council Regulation (EEC) No 766/68 of 18 June tion (EEC) No 1636/87 (9), 1968 laying down general rules for granting export refunds on sugar (3), as last amended by Regulation (EEC) — for other currencies, an exchange rate based on the No 1489/76 (4), provides that when refunds on white and arithmetic mean of the spot market rates of each of raw sugar, undenatured and exported in the natural state, these currencies recorded over a given period in rela­ are being fixed account must be taken of the situation on tion to the Community currencies referred to in the the Community and world markets in sugar and in parti­ previous indent, and the aforesaid coefficient ; 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 be taken into account ; Whereas the refund must be fixed every two weeks ; whereas it may be altered in the intervening period ;

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 Whereas it follows from applying the rules set out above to the present situation on the market in sugar and in April 1968 determining the standard quality for raw sugar particular to quotations or prices for sugar within the and fixing the Community frontier crossing point for Community and on the world market that the refund calculating cif prices for sugar (*) ; whereas, furthermore, should be as set out in the Annex to this Regulation ;

(') OJ No L 177, 1 . 7. 1981 , p. 4. (2) OJ No L 110, 29 . 4. 1988, p. 20 . m OJ No L 50, 4. 3. 1970, p. 1 . 0 OJ No L 143, 25. 6. 1968 , p. 6. 0 OJ No L 152, 18 . 6. 1988 , p. 23 . (4) OJ No L 167, 26. 6. 1976, p. 13 . (8) OJ No L 164, 24. 6. 1985, p. 1 . n OJ No L 89, 10. 4. 1968 , p. 3. 0 OJ No L 153, 13. 6. 1987, p. 1 .

21 . 7. 88 Official Journal of the European Communities No L 190/ 19

Whereas, following the introduction of the combined HAS ADOPTED THIS REGULATION : nomenclature by Council Regulation (EEC) No 2658/87 ('), the nomenclature applicable from 1 January Article 1 1988 to export refunds for agricultural products was intro­ duced by Regulation (EEC) No 3846/87 (2), as corrected 1 . The export refunds on the products listed in Article by Regulation (EEC) No 1561 /88 (3) ; whereas Council 1 ( 1 ) (a) of Regulation (EEC) No 1785/81 undenatured and Regulation (EEC) No 1107/88 amends with effect on 1 exported in the natural state, shall be as set out in Annex July 1988 the basic Regulation on sugar (EEC) No I hereto . 1785/81 in particular as concerns the definition of white sugar and raw sugar by treating sugar containing other 2. The agricultural product nomenclature for export added substances in the same way as sugar containing refunds in section 15 of the Annex to Regulation (EEC) added flavouring or colouring matter ; whereas the agri­ No 3846/87 is hereby amended in accordance with that cultural product nomenclature in question should be set out in Annex II hereto. adapted accordingly for the fixation of the export refunds for sugar ;

Whereas the measures provided for in this Regulation are Article 2 in accordance with the opinion of the Management Committee for Sugar, This Regulation shall enter into force on 21 July 1988.

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

Done at Brussels, 20 July 1988 .

For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 256, 7. 9 . 1987, p. 1 . (2) OJ No L 366, 24. 12. 1987, p. 1 . (3) OJ No L 144, 10. 6. 1988, p. 1 .

No L 190/20 Official Journal of the European Communities 21 . 7 . 88

ANNEX I

to the Commission Regulation of 20 July 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 29,05 (') 1701 11 90 910 23,92 (') 1701 11 90 950 0 1701 12 90 100 29,05 (') 1701 12 90 910 23,92 (») 1701 12 90 950 (2) 1701 91 00 000 I. ! 0,3158 1701 99 10 100 31,58 1701 99 10 900 27,39 1701 99 90 100 0,3158 \\

(') 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).

21 . 7. 88 No L 190/21 Official Journal of the European Communities

ANNEX II

1 5. White and raw sugar without further processing

CN code Description Product code

1701 Cane or beet sugar and chemically pure sucrose, in solid form : — Raw sugar not containing added flavouring or colouring matter : ex 1701 11 — — Cane sugar : 1701 11 90 — — — Other : — Candy sugar 1701 11 90 100 — Other raw sugar : — In immediate packings not exceeding 5 kg net of product 1701 11 90 910 — Other 1701 11 90 950 ,

ex 1701 12 — — Beet sugar : |

1701 12 90 — — — Other : — Candy sugar 1701 12 90 100 — Other raw sugar : — In immediate packings not exceeding 5 kg net of product 1701 12 90 910 — Other 1701 12 90 950 l

— Other : l

1701 91 00 1701 91 00 000 — — Containing added flavouring or colouring matter ex 1701 99 — — Other : 1701 99 10 — — — White sugar : — Candy sugar 1701 99 10 100 \ — Other 1701 99 10 900

1701 99 90 — — — Other : 1 — Containing added substances other than flavouring or colouring matter 1701 99 90 100 I — Other 1701 99 90 900