31989R0377

16. 2. 89 No L 44/ 13 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 377/89

of 15 February 1989 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

THE COMMISSION OF THE EUROPEAN COMMUNITIES, must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content ; Having regard to the Treaty establishing the European Whereas the world market situation or the specific Economic Community, requirements of certain markets may make it necessary to vary the refund for sugar according to destination ; Having regard to the Act of Accession of Spain and Portugal, Whereas, in special cases, the amount of the refund may be fixed by other legal instruments ; Having regard to Council Regulation (EEC) No 1785/81 Whereas, if the refund system is to operate normally, of 30 June 1981 on the common organization of the refunds should be calculated on the following basis : markets in the sugar sector ('), as last amended by Regula­ tion (EEC) No 2306/88 (2), and in particular point (a) of — in the case of currencies which are maintained in rela­ the first subparagraph of Article 19 (4) thereof, tion to each other at any given moment within a band of 2,25 %, a rate of exchange based on their central Having regard to the opinion of the Monetary Committee, 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 Article 19 of Regulation (EEC) No 1785/81 tion (EEC) No 1636/87 (s), provides that the difference between quotations or prices on the world market for the products listed in Article 1 — for other currencies, an exchange rate based on the (1 ) (a) of that Regulation and prices for those products arithmetic mean of the spot market rates of each of within the Community may be covered by an export these currencies recorded over a given period in rela­ refund ; tion to the Community currencies referred to in the previous indent, and the aforesaid coefficient ; Whereas Council Regulation (EEC) No 766/68 of 18 June Whereas the refund must be fixed every two weeks ; 1968 laying down general rules for granting export whereas it may be altered in the intervening period ; refunds on sugar (3), as last amended by Regulation (EEC) No 1489/76 (4), provides that when refunds on white and Whereas it follows from applying the rules set out above raw sugar, undenatured and exported in its unaltered state to the present situation on the market in sugar and in are being fixed account must be taken of the situation on particular to quotations or prices for sugar within the the Community and world markets in sugar and in parti­ Community and on the world market that the refund cular of the price and cost factors set out in Article 3 of should be as set out in the Annex hereto ; that Regulation ; whereas the same Article provides that the economic aspect of the proposed exports should also Whereas the measures provided for in this Regulation are be taken into account ; in accordance with the opinion of the Management Committee for Sugar, 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 HAS ADOPTED THIS REGULATION : April 1968 determining the standard quality for raw sugar and fixing the Community frontier crossing point for calculating cif prices for sugar (*) ; whereas, furthermore, Article 1 this refund should be fixed in accordance with Article 5 (2) of Regulation (EEC) No 766/68 ; whereas candy sugar The export refunds on the products listed in Article 1 (1 ) is defined in Commission Regulation (EEC) No 394/70 of (a) of Regulation (EEC) No 1785/81 undenatured and 2 March 1970 on detailed rules for granting export exported in their unaltered state shall be as set out in the refunds on sugar (*), as last amended by Regulation (EEC) Annex hereto . No 1714/88 Q ; whereas the refund thus calculated for sugar containing added flavouring or colouring matter Article 2 0 OJ No L 177, 1 . 7. 1981 , p. 4. (2) OJ No L 201 , 27. 7. 1988, p. 65. This Regulation shall enter into force on 16 February 0 OJ No L 143, 25. 6. 1968, p. 6. 1989. (4) OJ No L 167, 26. 6. 1976, p. 13. 0 OJ No L 89, 10. 4. 1968, p. 3. Is) OJ No L 50, 4. 3. 1970, p. 1 . O OJ No L 164, 24. 6. 1985, p. 1 . D OJ No L 152, 18 . 6. 1988, p. 23. o OJ No L 153, 13. 6. 1987, p. 1 .

No L 44/ 14 Official Journal of the European Communities 16. 2. 89

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

Done at Brussels, 15 February 1989.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 15 February 1989 fixing die 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 1 00 kg net of the product in question

1701 11 90 100 33,84 (') 1701 11 90 910 31,70 (<) 1701 11 90 950 0 1701 12 90 100 33,84 (■) 1701 12 90 910 3t,70 (') 1701 12 90 950 0 1701 91 00 000 ll 0,3679 1701 99 10 100 36,79, 1701 99 10 910 36,59 1701 99 10 950 36,59 - 1701 99 90 100 0,3679

(') 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. 0 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).