31988R2441

No L 211 /8 Official Journal of the European Communities 4. 8 . 88

COMMISSION REGULATION (EEC) No 2441/88 of 3 August 1988 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

THE COMMISSION OF THE EUROPEAN COMMUNITIES, calculating cif prices for sugar (*) ; whereas, furthermore, 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 Having regard to the Treaty establishing the European 2 March 1970 on detailed rules for granting export Economic Community, refunds on sugar (*), as amended by Regulation (EEC) No 1714/88 Q ; whereas the refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed Having regard to the Act of Accession of Spain and per 1 % of the said content ; Portugal,

Having regard to Council Regulation (EEC) No 1785/81 whereas the world market situation or the specific of 30 June 1981 on the common organization of the requirements of certain markets may make it necessary to markets in the sugar sector ('), as last amended by Regula­ vary the refund for sugar according to destination ; tion (EEC) No . 2306/8.8. (*), 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, refunds should be calculated on the following basis : Whereas Article 19 of Regulation (EEC) No 1785/81 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 tion to each other at any given moment within a band within the Community may be covered by an export 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 1 636/87 (»), 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 its unaltered 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 Whereas it follows from applying the rules set out above Article 1 of Council Regulation (EEC) No 431 /68 of 9 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

0 OJ No L 89, 10 . 4. 1968 , p. 3. (') OJ No L 177, 1 . 7. 1981 , p. 4. («) OJ No L 50, 4. 3. 1970, p. 1 . (2) OJ No L 201 , 27. 7. 1988 , p. 65. 0 OJ No L 152, 18 . 6. 1988, p. 23. (3) OJ No L 143, 25. 6. 1968 , p. 6. (8) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 167, 26. 6. 1976, p. 13. 0 OJ No L 153, 13. 6. 1987, p. 1 .

4. 8 . 88 Official Journal of the European Communities No L 211 /9

HAS ADOPTED THIS REGULATION : Community and on the world market that the refund should be as set out in the Annex hereto ; Article 1 Whereas, following the introduction of the combined 1 . The export refunds on the products listed in Article nomenclature by Council Regulation (EEC) No 1 (1 ) (a) of Regulation (EEC) No 1785/81 undenatured and 2658/87 ('), the nomenclature applicable from 1 January exported in their unaltered state shall be as set out in 1988 to export refunds for agricultural products was intro­ Annex I hereto. duced by Regulation (EEC) No 3846/87 (2), as corrected by Regulation (EEC) No 1561 /88 (3) ; whereas that 2. The agricultural product nomenclature for export nomenclature must be amended to adjust the fixing of refunds in section 15 of the Annex to Regulation (EEC) refunds to market requirements, in particular having No 3846/87 is hereby amended in accordance with that regard to the current erratic variations of quotations of the set out in Annex II hereto. world sugar market ;

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 4 August 1988 .

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

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

(>) OJ No L 256, 7. 9. 1987, p. 1 . 0 OJ No L 366, 24. 12. 1987, p. 1 . V) OJ No L 144, 10. 6. 1988, p. 1 .

No L 211 / 10 Official Journal of the European Communities 4. 8 . 88

ANNEX I

to the Commission Regulation of 3 August 1988 fixing the export refunds on white sugar and raw sugar exported in its unaltered 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 33,35 (') 1701 11 90 910 28,91 (■) 1701 11 90 950 0 1701 12 90 100 33,35 (>) 1701 12 90 910 28,91 (') 1701 12 90 950 0 1701 91 00 000 0,3625 1701 99 10 100 36,25 1701 99 10 910 36,88 (3) 1701 99 10 950 32,38 1701 99 90 100 0,3625

(') 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). (3) Applicable under the conditions laid down in particular in Article 9 (5) of Regulation (EEC) No 2630/81 .

4. 8 . 88 Official Journal of the European Communities No L 211 / 11

ANNEX II

15. 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

— Other : 1701 91 00 — — Containing added flavouring or colouring matter 1701 91 00 000 ex 1701 99 — — Other : 1701 99 10 — — — White sugar : — Candy sugar 1701 99 10 100 — Other : — Of a total quantity not exceeding 10 tonnes 1701 99 10 910 — Other 1701 99 10 950

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