31992R0139

23 . 1 . 92 Official Journal of the European Communities No L 16/5

COMMISSION REGULATION (EEC) No 139/92 of 22 January 1992 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the world market situation or the specific requirements of certain markets may make it necessary to vary the refund for sugar according to destination ; Having regard to the Treaty establishing the European Economic Community, 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 of 30 June 1981 on the common organization of the Whereas, if the refund system is to operate normally, markets in the sugar sector ('), as last amended by Regula­ refunds should be calculated on the following basis : tion (EEC) No 61 /92 (2), and in particular point (a) of the — in the case of currencies which are maintained in rela­ 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 subparagraph of Article 3 (1 ) of Council Regu­ lation (EEC) No 1676/85 (8), as last amended by Regu­ Whereas Article 19 of Regulation (EEC) No 1785/81 lation (EEC) No 2205/90 ('), provides that the difference between quotations or prices on the world market for the products listed in Article 1 — for the other currencies, an exchange rate based on an (1) (a) of that Regulation and prices for those products average of the ecu rates published in the Official within the Community may be covered by an export Journal of the European Communities, C series, over refund ; a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indent ; 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 are being fixed account must be taken of the situation on to the present situation on the market in sugar and in the Community and world markets in sugar and in parti­ particular to quotations or prices for sugar within the cular of the price and cost factors set out in Article 3 of Community and on the world market that the refund 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 be taken into account ; Whereas the measures provided for in this Regulation are 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 April 1968 determining the standard quality for raw sugar HAS ADOPTED THIS REGULATION : and fixing the Community frontier crossing point for calculating cif prices for sugar (*); whereas, furthermore, this refund should be fixed in accordance with Article 5 Article 1 (2) of Regulation (EEC) No 766/68 ; whereas candy sugar is defined in Commission Regulation (EEC) No 394/70 of 2 March 1970 on detailed rules for granting export The export refunds on the products listed in Article 1 (1 ) (a) of Regulation (EEC) No 1785/81 , undenatured and refunds on sugar (*), as last amended by Regulation (EEC) exported in the natural state, are hereby fixed to the No 1714/88 0 ; whereas the refund thus calculated for amounts shown in the Annex hereto. sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content ; Article 2 (') OJ No L 177, 1 . 7. 1981 , p. 4. (2) OJ No L 6, 11 . 1 . 1992, p. 19. This Regulation shall enter into force on 23 January O OJ No L 143, 25. 6. 1968, p. 6. 1992. (4) OJ No L 167, 26! 6. 1976, p. 13. O OJ No L 89, 10. 4. 1968, p. 3. (j OJ No L 50, 4. 3. 1970, p. 1 . (8) OJ No L 164, 24. 6. 1985, p. 1 . f) OJ No L 152, 18. 6. 1988, p. 23. (*) OJ No L 201 , 31 . 7. 1990, p. 9.

No L 16/6 Official Journal of the European Communities 23. 1 . 92

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

Done at Brussels, 22 January 1992.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 22 January 1992 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

(ECU) Amount of refund I

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 35,53 (') 1701 11 90 910 35,79 (') 1701 11 90 950 O 1701 12 90 100 35,53 (») 1701 12 90 910 35,79 (') 1701 12 90 950 (2) 1701 91 00 000 0,3862 1701 99 10 100 38,62 1701 99 10 910 39,34 1701 99 10 950 39,34 1701 99 90100 0,3862

(') 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).