31990R2809
29 . 9 . 90 Official Journal of the European Communities No L 268 /25
COMMISSION REGULATION (EEC) No 2809/90 of 28 September 1990 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 chemical industry Q, to the products listed in the Annex Having regard to the Treaty establishing the European 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 1069/89 (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 the manufacture of processed goods for export to third Having regard to the opinion of the Monetary Committee, countries and the use of third country products brought in under inward processing arrangements ;
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 Whereas Article 19 of Regulation (EEC) No 1785/ 81 granting export refunds on sugar (3), as last amended by makes provision for setting refunds for export in the Regulation (EEC) No 1489/76 (4), provides that the export natural state of products referred to in Article 1 (1 ) (f) and refund on 100 kilograms of the products listed in Article (g) of that Regulation ; whereas the refund must be fixed 1 (1 ) (d) of Regulation (EEC) No 1785/81 is equal to the per 100 kilograms of dry matter, taking account of the basic amount multiplied by the sucrose content, includ export refund for products falling within CN code ing, where appropriate, other sugars expressed as sucrose ; 1702 30 91 and for products referred to in Article 1 ( 1 ) (d) whereas the sucrose content of the product in question is determined in accordance with Article 13 of Commission of Regulation (EEC) No 1785/81 and of the economic aspects of the intended exports ; whereas the refund is to Regulation (EEC) No 394/70 of 2 March 1970 on detailed be granted only for products complying with the condi rules for granting export refunds on sugar (% as last tions in Article 3 of Commission Regulation (EEC) No amended by Regulation (EEC) No 1714/88 (6) ; 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, 0 OJ No L 114, 27. 4. 1989, p. 1 . refunds should be calculated on the following basis : (3) OJ No L 143, 25. 6. 1968, p. 6. (*) 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. b) OJ No L 152, 18. 6. 1988, p. 23. (8 OJ No L 162, 1 . 7. 1977, p. 9 .
No L 268/26 Official Journal of the European Communities 29. 9. 90
— in the case of currencies which are maintained in rela market situation, no refund should be fixed for products tion to each other at any given moment within a band to be exported to that destination ; of 2,25 %, a rate of exchange based on their central rate, multiplied by the corrective factor provided for in Whereas the measures provided for in this Regulation are the last subparagraph of Article 3 (1 ) of Council Regu in accordance with the opinion of the Management lation (EEC) No 1676/85 ('), as last amended by Regu Committee for Sugar, lation (EEC) No 2205/90 (2), — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official Journal of the European Communities, C series, over HAS ADOPTED THIS REGULATION : a period to be determined, multiplied by the coeffi cient referred to in the preceding indent ;
Whereas the refunds referred to above must be fixed every Article 1 month ; whereas they may be altered in the intervening period ; 1 . The export refunds on the products listed in Article 1 (1 ) (d), (f) and (g) of Regulation (EEC) No 1785/81 , Whereas application of these quotas results in fixing exported in the natural state, shall be as set out in the refunds for the products in question at the levels given in Annex hereto. the Annex to this Regulation ;
Whereas, pursuant to Article 275 of the Act of Accession, 2. The refund on export to the German Democratic refunds may be granted in the case of exports to Portugal ; Republic has not been fixed. ' whereas, in the light of the situation and the level of prices no refund should be fixed in the case of exports to Portugal ; Article 2
Whereas, in view of the present circumstances in the Geman Democratic Republic and their effects on the This Regulation shall enter into force on 1 October 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
I Done at Brussels, 28 September 1990. For the Commission Ray MAC SHARRY Member of the Commission
(') OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 201 , 31 . 7. 1990, p. 9.
29 . 9 . 90 No L 268 /27 Official Journal of the European Communities
ANNEX
to the Commission Regulation of 28 September 1990 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 (2) in question (')
1702 40 10 100 36,74 I
1702 60 10 000 36,74 \ 1702 60 90 000 0,3674 1702 90 30 000 36,74 \ 1702 90 60 000 0,3674 1702 90 71 000 0,3674 Il 1702 90 90 900 0,3674 Il 2106 90 30 000 36,74 2106 90 59 000 0,3674 II
1) 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. (2) 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 amended Commission Regulation (EEC) No 3846/87 (OJ No L 366, 24. 12. 1987, p. 1 ):