31992R2028

23 . 7. 92 Official Journal of the European Communities No L 207/23

COMMISSION REGULATION (EEC) No 2028/92 of 22 July 1992 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

THE COMMISSION OF THE EUROPEAN COMMUNITIES, sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content ;

Having regard to the Treaty establishing the European Economic Community, 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 Council Regulation (EEC) No 1785/81 of 30 . June 1981 on the common organization of the Whereas, in special cases, the amount of the refund may markets in the sugar sector ('), as last amended by Regula­ be fixed by other legal instruments ; tion (EEC) No 61 /92 (2), and in particular point (a) of the first subparagraph of Article 19 (4) thereof, Whereas by its Regulation (EEC) No 1432/92 (8), as amended by Regulation (EEC) No 2015/92 (9), the Council prohibited trade between the Community and Whereas Article 19 of Regulation (EEC) No 1785/81 the Republics of Serbia and of Montenegro ; that it is provides that the difference between quotations or prices important to take account of it at the time of the fixing of on the world market for the products listed in Article 1 the refunds ; (1 ) (a) of that Regulation and prices for those products within the Community may be covered by an export refund ; Whereas, if the refund system is to operate normally, refunds should be calculated on the following basis :

— in the case of currencies which are maintained in rela­ Whereas Council Regulation (EEC) No 766/68 of 18 June tion to each other at any given moment within a band 1968 laying down general rules for granting export of 2,25 % , a rate of exchange based on their central refunds on sugar (3), as last amended by Regulation (EEC) rate, multiplied by the corrective factor provided for in No 1489/76 (4), provides that when refunds on white and the last subparagraph of Article 3 (1 ) of Council Regu­ raw sugar, undenatured and exported in its unaltered state lation (EEC) No 1676/85 (10), as last amended by are being fixed account must be taken of the situation on Regulation (EEC) No 2205/90 (u), the Community and world markets in sugar and in parti­ cular of the price and cost factors set out in Article 3 of — for the other currencies, an exchange rate based on an that Regulation ; whereas the same Article provides that average of the ecu rates published in the Official the economic aspect of the proposed exports should also be taken into account ; Journal of the European Communities, C series, over a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indent ;

Whereas the refund on raw sugar must be fixed in respect Whereas the refund must be fixed every two weeks ; of the standard quality ; whereas the latter is defined in whereas it may be altered in the intervening period ; Article 1 of Council Regulation (EEC) No 431 /68 of 9 April 1968 determining the standard quality for raw sugar and fixing the Community frontier crossing point for Whereas it follows from applying the rules set out above calculating cif prices for sugar (*) ; whereas, furthermore, this refund should be fixed in accordance with Article 5 to the present situation on the market in sugar and in particular to quotations or prices for sugar within the (2) of Regulation (EEC) No 766/68 ; whereas candy sugar Community and on the world market that the refund is defined in Commission Regulation (EEC) No 394/70 of should be as set out in the Annex hereto ; 2 March 1970 on detailed rules for granting export refunds on sugar (6), as last amended by Regulation (EEC) No 1684/92 0 ; whereas the refund thus calculated for Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management (') OJ No L 177, 1 . 7. 1981 , p. 4. Committee for Sugar, (2) OJ No L 6, 11 . 1 . 1992, p. 19. O OJ No L 143, 25. 6. 1968, p. 6. 0 OJ No L 167, 26. 6. 1976, p. 13 . (8) OJ No L 151 , 3 . 6. 1992, p. 4. 0 OJ No L 89, 10. 4. 1968 , p. 3. 0 OJ No L 205, 22. 7. 1992, p. 2. (6) OJ No L 50, 4. 3 . 1970, p. 1 . H OJ No L 164, 24. 6. 1985, p. 1 . O OJ No L 176, 30 . 6. 1992, p. 31 . (") OJ No L 201 , 31 . 7. 1990, p . 9 .

No L 207/24 23 . 7 . 92 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : and exported in the natural state, are hereby fixed to the amounts shown in the Annex hereto.

2. Export refunds towards the Republics of Montenegro and Serbia are not fixed. Article 1

Article 2 1 . The export refunds on the products listed in Article 1 (1 ) (a) of Regulation (EEC) No 1785/81 , undenatured This Regulation shall enter into force on 23 July 1992.

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

Done at Brussels, 22 July 1992. For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 22 July 1992 fixing the 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 100 kg net of the product in question

1701 11 90 100 36,14 (') 1701 11 90 910 34,25 (') 1701 11 90 950 0 1701 12 90 100 36,14 (') 1701 12 90 910 34,25 0 1701 12 90 950 0 1701 91 00 000 0,3929 1701 99 10 100 39,29 1701 99 10 910 39,84 1701 99 10 950 38,34 1701 99 90 100 0,3929

(') 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, as amended by Regulation (EEC) No 3251 /85.