31992R2416

20. 8 . 92 Official Journal of the European Communities No L 237/9

COMMISSION REGULATION (EEC) No 2416/92 of 19 August 1992 fixing die export refunds on white sugar and raw sugar exported in its unaltered state

THE COMMISSION OF THE EUROPEAN COMMUNITIES, must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content ;

Having regard to the Treaty establishing the European Whereas the world market situation or the specific Economic Community, 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 Whereas, in special cases, the amount of the refund may of 30 June 1981 on the common organization of the be fixed by other legal instruments ; markets in the sugar sector ('), as last amended by Regula­ tion (EEC) No 61 /92 (2), and in particular point (a) of the first subparagraph of Article 19 (4) thereof, Whereas Council Regulation (EEC) No 1432/92 (8), as amended by Regulation (EEC) No 2015/92 (9), prohibits trade between the Community and the Republics of Whereas Article 19 of Regulation (EEC) No 1785/81 Serbia and Montenegro ; whereas this prohibition does provides that the difference between quotations or prices not apply to certain situations as given in the limitative on the world market for the products listed in Article 1 enumeration laid down in Articles 2 and 3 ; whereas this ( 1 ) (a) of that Regulation and prices for those products should be taken into account when refunds are fixed ; 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 :

Whereas Council Regulation (EEC) No 766/68 of 1 8 June — in the case of currencies which are maintained in rela­ 1968 laying down general rules for granting export tion to each other at any given moment within a band refunds on sugar (3), as last amended by Regulation (EEC) of 2,25 % , a rate of exchange based on their central No 1489/76 (4), provides that when refunds on white and rate, multiplied by the corrective factor provided for in raw sugar, undenatured and exported in its unaltered state the last subparagraph of Article 3 ( 1 ) of Council Regu­ are being fixed account must be taken of the situation on lation (EEC) No 1676/85 (10), as last amended by the Community and world markets in sugar and in parti­ Regulation (EEC) No 2205/90 ("), cular of the price and cost factors set out in Article 3 of that Regulation ; whereas the same Article provides that — for the other currencies, an exchange rate based on an the economic aspect of the proposed exports should also average of the ecu rates published in the Official 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 of the standard quality ; whereas the latter is defined in Whereas the refund must be fixed every two weeks ; Article 1 of Council Regulation (EEC) No 431 /68 of 9 April 1968 determining the standard quality for raw sugar whereas it may be altered in the intervening period ; and fixing the Community frontier crossing point for calculating cif prices for sugar (*) ; whereas, furthermore, Whereas it follows from applying the rules set out above this refund should be fixed in accordance with Article 5 to the present situation on the market in sugar and in (2) of Regulation (EEC) No 766/68 ; whereas candy sugar particular to quotations or prices for sugar within the is defined in Commission Regulation (EEC) No 394/70 of Community and on the world market that the refund 2 March 1970 on detailed rules for granting export should be as set out in the Annex hereto ; refunds on sugar (6), as last amended by Regulation (EEC) No 1 684/92 Q ; whereas the refund thus calculated for sugar containing added flavouring or colouring matter 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. 0 OJ No L 143, 25. 6. 1968 , p. 6. Ò) 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. O OJ No L 205, 22. 7. 1992, p. 2. (j 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 237/ 10 Official Journal of the European Communities 20 . 8 . 92

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 20 August 1992.

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

Done at Brussels, 19 August 1992.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 19 August 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 (3)

1701 11 90 100 36,85 (') 1701 11 90 910 35,37 (') 1701 11 90 950 0 1701 12 90 100 36,85 (') 1701 12 90 910 35,37 j1) 1701 12 90 950 (2) 1701 91 00 000 0,4006 1701 99 10 100 40,06 1701 99 10 910 40,92 1701 99 10 950 39,42 1701 99 90 100 0,4006

(') 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. (3) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council Regulation (EEC) No 1432/92.