31994R0236

No L 30/ 13 3 . 2. 94 Official Journal of the European Communities

COMMISSION REGULATION (EC) No 236/94 of 2 February 1994 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, in special cases, the amount of the refund may be fixed by other legal instruments ; Having regard to the Treaty establishing the European Community, Whereas Council Regulation (EEC) No 990/93 (8) prohi­ bits trade between the European Community and the Federal Republic of Yugoslavia (Serbia and Montenegro) ; Having regard to Council Regulation (EEC) No 1785/81 whereas this prohibition does not apply in certain situa­ of 30 June 1981 on the common organization of the tions as comprehensively listed in Articles 2, 4, 5 and 7 markets in the sugar sector ('), as last amended by Regula­ thereof ; whereas account should be taken of this fact tion (EC) No 133/94 (2), and in particular point (a) of the when fixing the refunds ; first subparagraph of Article 19 (4) thereof,

Whereas the representative market rates defined in Article Whereas Article 19 of Regulation (EEC) No 1785/81 1 of Council Regulation (EEC) No 3813/92 (9), as provides that the difference between quotations or prices amended by Regulation (EC) No 3528/93 (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 Whereas Council Regulation (EEC) No 766/68 of 18 June lation (EEC) No 1068/93 (") ; 1968 laying down general rules for granting export refunds on sugar (3), as last amended by Regulation (EEC) Whereas the refund must be fixed every two weeks ; No 1489/76 (4), provides that when refunds on white and whereas it may be altered in the intervening period ; raw sugar, undenatured and exported in its unaltered state are being fixed account must be taken of the situation on the Community and world markets in sugar and in parti­ Whereas it follows from applying the rules set out above cular of the price and cost factors set out in Article 3 of to the present situation on the market in sugar and in that Regulation ; whereas the same Article provides that particular to quotations or prices for sugar within the the economic aspect of the proposed exports should also Community and on the world market that the refund be taken into account ; should be as set out in the Annex hereto ;

Whereas the refund on raw sugar must be fixed in respect Whereas the measures provided for in this Regulation are of the standard quality ; whereas the latter is defined in in accordance with the opinion of the Management Article 1 of Council Regulation (EEC) No 431 /68 of 9 Committee for Sugar, April 1968 determining the standard quality for raw sugar 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 HAS ADOPTED THIS REGULATION : (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 refunds on sugar 0, as last amended by Regulation (EEC) Article 1 No 1684/92 O ; whereas the refund thus calculated for sugar containing added flavouring or colouring matter The export refunds on the products listed in Article 1 (1 ) must apply to their sucrose content and, accordingly, be (a) of Regulation (EEC) No 1785/81 , undenatured and fixed per 1 % of the said content ; exported in the natural state, are hereby fixed to the amounts shown in the Annex hereto. 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 ; Article 2

0 OJ No L 177, 1 . 7. 1981 , p. 4. This Regulation shall enter into force on 3 February 1994. (2) OJ No L 22, 27. 1 . 1994, p. 7. (3) OJ No L 143, 25. 6. 1968, p. 6. (4) OJ No L 167, 26. 6. 1976, p. 13. (8) OJ No L 102, 28. 4. 1993, p. 14. 0 OJ No L 89, 10. 4. 1968, p. 3. 0 OJ No L 387, 31 . 12. 1992, p. 1 . 0 OJ No L 50, 4. 3. 1970, p. 1 . (10) OJ No L 320, 22. 12. 1993, p. 32. h OJ No L 176, 30. 6. 1992, p. 31 . (") OJ No L 108, 1 . 5. 1993, p. 106.

No L 30/ 14 3 . 2. 94 Official Journal of the European Communities

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

Done at Brussels, 2 February 1994. For the Commission Rene STEICHEN Member of the Commission

ANNEX

to the Commission Regulation of 2 February 1994 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 32^9 (l) 1701 11 90 910 31,68 (') 1701 11 90 950 (2) 1701 1290 100 32^9 (') 1701 12 90 910 31,68 (') 1701 12 90 950 (2)

— ECU/1 % of sucrose x 100 kg —

1701 91 00 000 0,3586

— ECU/ 100 kg —

1701 99 10 100 35,86 1701 99 10 910 35,75 1701 99 10 950 35,75

— ECU/ l % of sucrose x 100 kg —

1701 99 90 100 0,3586

(') 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). (J) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Monte­ negro) may be granted only where the conditions laid down in Regulation (EEC) No 990/93 are observed.