31990R3163

1 . 11 . 90 No L 304/21 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3163/90 of 31 October 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 f), to the products listed in the Annex Having regard to the Treaty establishing the European to the last mentioned Regulation ; Economic Community,

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 one-hundredth of an amount which takes account, on the Having regard to Council Regulation (EEC) No 1785/81 one hand, of the difference between the intervention of 30 June 1981 on the common organization of the markets in the sugar sector ('), as last amended by Regula­ price for white sugar for the Community areas without deficit for the month for which the basic amount is fixed tion (EEC) No 1069/89 (2), and in particular Article 19 (4) 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 (*); 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 114, 27. 4. 1989, p. 1 . 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 . M OJ No L 152, 18. 6. 1988, p. 23. (8) OJ No L 162, 1 . 7. 1977, p. 9.

No L 304/22 Official Journal of the European Communities 1 . 11 . 90

— in the case of currencies which are maintained in rela­ whereas, in the light of the situation and the level of tion to each other at any given moment within a band prices no refund should be fixed in the case of exports to of 2,25 %, a rate of exchange based on their central Portugal ; rate, multiplied by the corrective factor provided for in the last subparagraph of Article 3 (1 ) of Council Regu­ Whereas the measures provided for in this Regulation are lation (EEC) No 1676/85 ('), as last amended by Regu­ in accordance with the opinion of the Management lation (EEC) No 2205/90 0, Committee for Sugar, — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official HAS ADOPTED THIS REGULATION : Journal of the European Communities, C series, over a period to be determined, multiplied by the coeffi­ cient referred to ,in the preceding indent ; Article 1 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 period ; (d), (f) and (g) of Regulation (EEC) No 1785/81 , exported in the natural state, shall be set our in the Annex hereto. Whereas application of these quotas results in fixing refunds for the products in question at the levels given in Article 2 the Annex to this Regulation ;

Whereas, pursuant to Article 275 of the Act of Accession, This Regulation shall enter into force on 1 November refunds may be granted in the case of exports to Portugal ; 1990 .

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

Done at Brussels, 31 October 1990 . For the Commission Ray MAC SHARRY Member of the Commission

(>) OJ No L 164, 24. 6 . 1985, p. 1 . (2) OJ No L 201 , 31 . 7. 1990, p. 9.

1 . 11 . 90 Official Journal of the European Communities No L 304/23

ANNEX

to the Commission Regulation of 31 October 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 37,84 1702 60 10 000 37,84 1702 60 90 000 0,3784 1702 90 30 000 37,84 1702 90 60 000 0,3784 1702 90 71 000 0,3784 1702 90 90 900 0,3784 2106 90 30 000 " 37,84 2106 90 59 000 0,3784

(') 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 ).