31992R1389

28 . 5 . 92 Official Journal of the European Communities No L 146/9

COMMISSION REGULATION (EEC) No 1389/92 of 27 May 1992 fixing the export refunds on syrups and certain other sugar products exported in the natural state

THE COMMISSION OF THE EUROPEAN COMMUNITIES, rules for the production refund on sugar used in the chemical industry (*), to the products listed in the Annex to the last mentioned Regulation ;

Having regard to the Treaty establishing the European Economic Community,

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 61 /92 (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 Whereas Article 19 of Regulation (EEC) No 1785/81 countries and the use of third country products brought provides that the difference between quotations or prices in under inward processing arrangements ; on the world market for the products listed in Article 1 (1 ) (d) of that Regulation and prices for those products within the Community may be covered by an export refund ; Whereas the application of the basic amount may be limited to some of the products listed in Article 1 (1 ) (d) 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 Regulation (EEC) No 1489/76 (4), provides that the export refund on 100 kilograms of the products listed in Article Whereas Article 19 of Regulation (EEC) No 1785/81 1 (1 ) (d) of Regulation (EEC) No 1785/81 is equal to the makes provision for setting refunds for export in the basic amount multiplied by the sucrose content, includ­ natural state of products referred to in Article 1 ( 1 ) (f) and ing, where appropriate, other sugars expressed as sucrose ; (g) of that Regulation ; whereas the refund must be fixed whereas the sucrose content of the product in question is per 100 kilograms of dry matter, taking account of the determined in accordance with Article 13 of Commission export refund for products falling within CN code Regulation (EEC) No 394/70 of 2 March 1970 on detailed 1702 30 91 and for products referred to in Article 1 ( 1 ) (d) rules for granting export refunds on sugar (5), as last of Regulation (EEC) No 1785/81 and of the economic amended by Regulation (EEC) No 1714/88 (*); aspects of the intended exports ; whereas the refund is to be granted only for products complying with the condi­ tions in Article 3 of Commission Regulation (EEC) No 1469/77 of 30 June 1977 laying down rules for applying Whereas Article 7 of Regulation (EEC) No 766/68 the levy and the refund in respect of isoglucose and provides that the basic amount of the refund on sorbose amending Regulation (EEC) No 192/75 (8), as amended by exported in the natural state must be equal to the basic Regulation (EEC) No 1714/88 ; amount of the refund less one-hundredth of the produc­ tion refund applicable, pursuant to Council Regulation (EEC) No 1400/78 of 20 June 1978 laying down general

(') OJ No L 177, 1 . 7. 1981 , p. 4. Whereas, if the refund system is to operate normally, (2) OJ No L 6, 11 . 1 . 1992, p. 19 . 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 . («) OJ No L 162, 1 . 7. 1977, p. 9.

No L 146/ 10 Official Journal of the European Communities 28 . 5 . 92

— in the case of currencies which are maintained in rela­ Whereas the measures provided for in this Regulation are tion to each other at any given moment within a band in accordance with the opinion of the Management of 2,25 % , a rate of exchange based on their central Committee for Sugar, rate, multiplied by the corrective factor provided for in the last subparagraph of Article 3 (1 ) of Council Regu­ lation (EEC) No 1676/85 ('), as last amended by Regu­ lation (EEC) No 2205/90 (2), HAS ADOPTED THIS REGULATION : — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official Article 1 Journal of the European Communities, C series, over a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indent ; The export refunds on the products listed in Article 1 (1 ) (d), (f) and (g) of Regulation (EEC) No 1785/81 , exported Whereas the refunds referred to above must be fixed every in the natural state, shall be set our in the Annex hereto. month ; whereas they may be altered in the intervening period ; Whereas application of these quotas results in fixing Article 2 refunds for the products in question at the levels given in the Annex to this Regulation ; This Regulation shall enter into force on 1 June 1 992.

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

Done at Brussels, 27 May 1992.

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.

28 . 5 . 92 No L 146/ 11 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 27 May 1992 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 39,29 1702 60 10 000 39,29 1702 60 90 000 0,3929 1702 90 30 000 39,29 1702 90 60 000 0,3929 1702 90 71 000 0,3929 1702 90 90 900 0,3929 2106 90 30 000 39,29 2106 90 59 000 0,3929

(') 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.