31993R0866

15 . 4. 93 No L 91 /5 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 866/93 of 14 April 1993 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 ;

Whereas Council Regulation (EEC) No 1432/92 (8), as last Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the amended by Regulation (EEC) No 3534/92 (9), prohibits markets in the sugar sector ('), as last amended by Regula­ trade between the Community and the Republics of tion (EEC) No 3814/92 (2), and in particular point (a) of Serbia and Montenegro ; whereas this prohibition does not apply to certain situations as given in the limitative the first subparagraph of Article 19 (4) thereof, enumeration laid down in Articles 2 and 3 ; whereas this should be taken into account when refunds are fixed ; Whereas Article 19 of Regulation (EEC) No 1785/81 Whereas the representative market rates defined in Article provides that the difference between quotations or prices 1 of Council Regulation (EEC) No 3813/92 (10) are used to on the world market for the products listed in Article 1 convert amounts expressed in third country currencies (1 ) (a) of that Regulation and prices for those products and are used as the basis for determining the agricultural within the Community may be covered by an export conversion rates of the Member States' currencies ; refund ; whereas detailed rules on the application and determina­ tion of these conversions were set by Commission Regu­ lation (EEC) No 3819/92 ("); Whereas Council Regulation (EEC) No 766/68 of 18 June 1968 laying down general rules for granting export Whereas the refund must be fixed every two weeks ; refunds on sugar (3), as last amended by Regulation (EEC) whereas it may be altered in the intervening period ; No 1489/76 (4), provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state Whereas it follows from applying the rules set out above 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 that Regulation ; whereas the same Article provides that should be as set out in the Annex hereto ; 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 The export refunds on the products listed in Article 1 ( 1 ) 2 March 1970 on detailed rules for granting export (a) of Regulation (EEC) No 1785/81 , undenatured and refunds on sugar (6), as last amended by Regulation (EEC) exported in the natural state, are hereby fixed to the No 1 684/92 Q ; 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. This Regulation shall enter into force on 15 April 1993. 0 OJ No L 387, 31 . 12. 1992, p. 7. 3 OJ No L 143, 25. 6. 1968, p. 6. (4) OJ No L 167, 26. 6. 1976, p. 13. f) OJ No L 151 , 3 . 6. 1992, p. 4. 0 OJ No L 89, 10. 4. 1968, p. 3. O OJ No L 358, 8 . 12. 1992, p. 16. ¥) OJ No L 50, 4. 3. 1970, p. 1 . H OJ No L 387, 31 . 12. 1992, p. 1 . O OJ No L 176, 30. 6. 1992, p. 31 . (") OJ No L 387, 31 . 12. 1992, p. 17.

No L 91 /6 Official Journal of the European Communities 15 . 4. 93

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

Done at Brussels, 14 April 1993. For the Commission Rene STEICHEN Member of the Commission

ANNEX

to the Commission Regulation of 14 April 1993 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

Product code Amount of refund (3)

— ECU/ 100 kg —

1701 11 90 100 34,68 (') 1701 11 90 910 32,06 (') 1701 11 90 950 (2) 1701 1290 100 34,68 (') 1701 12 90 910 32,06 (') 1701 12 90 950 (2)

— ECU/ 1 % of sucrose x 100 kg —

1701 91 00 000 0,3770

— ECU/ 100 kg

1 70 1 99 10 100 37,70 1701 99 10 910 37,55 1701 99 10 950 37,55

— ECU/ 1 % of sucrose x 100 kg —

1701 9990 100 0,3770

(') 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 . (J) 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). (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.