31988R3736

No L 328/ 12 Official Journal of the European Communities 1 . 12 . 88

COMMISSION REGULATION (EEC) No 3736/88 of 30 November 1988 fixing the export refunds on syrups and certain other sugar products exported in the natural state

THE COMMISSION OF THE EUROPEAN COMMUNITIES, tion refund applicable, pursuant to Council Regulation (EEC) No 1400/78 of 20 June 1978 laying down general rules for the production refund on sugar used in the Having regard to the Treaty establishing the European chemical industry Q, to the products listed in the Annex Economic Community, to the last mentioned Regulation ;

Having regard to the Act of Accession of Spain and Portugal, Whereas the basic amount of the refund on the other products listed in Article 1 (1 ) (d) of Regulation (EEC) No 1785/81 'exported in the natural state must be equal to Having regard to Council Regulation (EEC) No 1785/81 one-hundredth of an amount which takes account, on the of 30 June 1981 on the common organization of the one hand, of the difference between the intervention markets in the sugar sector ('), as last amended by Regula­ price for white sugar for the Community areas without tion (EEC) No 2306/88 (2), and in particular Article 19 (4) deficit for the month for which the basic amount is fixed thereof, and quotations or prices for white sugar on the world market and, on the other, of the need to establish a balance between the use of Community basic products in Having regard to the opinion of the Monetary Committee, the manufacture of processed goods for export to third countries and the use of third country products brought in under inward processing arrangements ; i

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 (1 ) (d) of that Regulation and prices for those products Whereas the application of the basic amount may be within the Community may be covered by an export limited to some of the products listed in Article 1 (1 ) (d) refund : of Regulation (EEC) No 1785/81 ;

Whereas Article 8 of Council Regulation (EEC) No 766/68 of 18 June 1968 laying down general rules for granting export refunds on sugar (3), as last amended by Whereas Article 19 of Regulation (EEC) No 1785/81 Regulation (EEC) No 1489/76 (4), provides that the export makes provision for setting refunds for export in the refund on 100 kilograms of the products listed in Article natural state of products referred to in Article 1 (1 ) (f) and 1 (1 ) (d) of Regulation (EEC) No 1785/81 is equal to the (g) of that Regulation ; whereas the refund must be fixed basic amount multiplied by the sucrose content, includ­ per 100 kilograms of dry matter, taking account of the ing, where appropriate, other sugars expressed as sucrose ; export refund for products falling within CN code whereas the sucrose content of the product in question is 1702 30 91 and for products referred to in Article 1 (1 ) (d) determined in accordance with Article 13 of Commission of Regulation (EEC) No 1785/81 and of the economic Regulation (EEC) No 394/70 of 2 March 1970 on detailed aspects of the intended exports ; whereas the refund is to rules for granting export refunds on sugar (*), as last be granted only for products complying with the condi­ amended by Regulation (EEC) No 1714/88 (^ ; tions in Article 3 of Commission Regulation (EEC) No 1469/77 of 30 June 1977 laying down rules for applying the levy and the refund in respect of isoglucose and amending Regulation (EEC) No. 192/75 (8), as amended by Whereas Article 7 of Regulation (EEC) No 766/68 Regulation (EEC) No 1714/88 ; provides that the basic amount of the refund on sorbose exported in the natural state must be equal to the basic amount of the refund less one-hundredth of the produc­

(■) OJ No L 177, 1 . 7. 1981 , p. 4. Whereas, if the refund system is to operate normally, (2) OJ No L 210, 27. 7. 1988, p. 65. refunds should be calculated on the following basis : (3) OJ No L 143, 25. 6. 1968, p. 6. (4) OJ No L 167, 26. 6. 1976, p. 13 . 0 OJ No L 50, 4. 3. 1970, p. 1 . 0 OJ No L 170, 27. 6. 1978, p. 9. («) OJ No L 152, 18. 6. 1988, p. 23. (8) OJ No L 162, 1 . 7. 1977, p. 9.

No L 328/ 13 1 . 12. 88 Official Journal of the European Communities

— in the case of currencies which are maintained in rela­ tion and the level of prices no refund should be fixed in tion to each other at any given moment within a band the case of exports to Portugal ; of 2,25 %, a rate of exchange based on their central Whereas the measures provided for in this Regulation are rate, multiplied by the corrective factor provided for in in accordance with the opinion of the Management the last paragraph of Article 3 (1 ) of Council Regula­ Committee for Sugar, tion (EEC) No 1676/85 ('), as last amended by Regula­ tion (EEC) No 1636/87 (2); — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of HAS ADOPTED THIS REGULATION : . these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the Article 1 previous indent, and the aforesaid coefficient ; Whereas the refunds referred to above must be fixed every The export refunds on the products listed in Article 1 (1 ) month ; whereas they may be altered in the intervening (d), (f) and (g) of Regulation (EEC) No 1785/81 , exported period ; in the natural state, shall be as set out in the Annex hereto . Whereas application of these quotas results in fixing refunds for the products in question at the levels given in the Annex to this Regulation ; Article 2

I Whereas, pursuant to Article 275 of the Act of Accession This Regulation shall enter into force on 1 December of Spain and Portugal, refunds may be granted in the case 1988 . of exportes to Portugal ; whereas, in the light of the situa

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

Done at Brussels, 30 November 1988 . For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 164, 24. 6. 1985, p. 1 . 2) OJ No L 153, 13. 6. 1987, p. 1 .

No L 328/ 14 Official Journal of the European Communities 1 . 12. 88

ANNEX

to the Commission Regulation of 30 November 1988 fixing the export refunds on syrups and certain other sugar products exported in the natural state

(ECU) Basic amount per percentage point of sucrose content and Amount of refund per 100 kg Product code per 100 kg net of the product of dry matter (*) in question (')

1702 40 10 100 37,06 1702 60 10 000 37,06 1702 60 90 000 0,3706 1702 90 30 000 37,06 1702 90 60 000 0,3706 1702 90 71 000 0,3706 1702 90 90 900 0,3706 2106 90 30 000 37,06 2106 90 59 000 0,3706

(') The basic amount is not applicable to syrups which are less than 85 % pure (Regulation (EEC) No 394/70). Sucrose content is determined in accordance with Article 13 of Regulation (EEC) No 394/70. (*) Applicable only to products referred to in Article 3 of Regulation (EEC) No 1469/77.

NB : The product codes and the footnotes are defined in Commission Regulation (EEC) No 3846/87 as amended (OJ No L 366, 24. 12. 1987, p. 1 ).