31994R3322

No L 350 /32 31 . 12. 94 Official Journal of the European Communities

COMMISSION REGULATION (EC) No 3322/94 of 30 December 1994 fixing the export refunds on syrups and certain other sugar products exported in the natural state

THE COMMISSION OF THE EUROPEAN COMMUNITIES, lation (EEC) No 464/91 (8), to the products listed in the Annex to the last mentioned Regulation ;

Having regard to the Treaty establishing the European Community,

Whereas the basic amount of the refund on the other products listed in Article 1 (1 ) (d) of Regulation (EEC) No Having regard to Council Regulation (EEC) No 1785/81 1785/81 exported in the natural state must be equal to of 30 June 1981 on the common organization of the one-hundredth of an amount which takes account, on the markets in the sugar sector ('), as last amended by Regula­ one hand, of the difference between the intervention tion (EC) No 133/94 (2), and in particular Article 19 (4) price for white sugar for the Community areas without thereof, deficit for the month for which the basic amount is fixed 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 Whereas Article 19 of Regulation (EEC) No 1785/81 the manufacture of processed goods for export to third provides that the difference between quotations or prices countries and the use of third country products brought on the world market for the products listed in Article 1 in under inward processing arrangements ; (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 Whereas Article 8 of Council Regulation (EEC) No limited to some of the products listed in Article 1 (1 ) (d) 766/68 of 18 June 1968 laying down general rules for of Regulation (EEC) No 1785/81 ; 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 1 (1) (d) of Regulation (EEC) No 1785/81 is equal to the basic amount multiplied by the sucrose content, includ­ ing, where appropriate, other sugars expressed as sucrose ; Whereas Article 19 of Regulation (EEC) No 1785/81 whereas the sucrose content of the product in question is makes provision for setting refunds for export in the determined in accordance with Article 13 of Commission natural state of products referred to in Article 1 (1 ) (f) and Regulation (EEC) No 394/70 of 2 March 1970 on detailed (g) and (h) of that Regulation ; whereas the refund must be rules for granting export refunds on sugar (*), as last fixed per 100 kilograms of dry matter, taking account of amended by Regulation (EC) No 2529/94 (*) ; the export refund for products falling within CN code 1702 30 91 and for products referred to in. Article 1 (1 ) (d) of Regulation (EEC) No 1785/81 and of the economic aspects of the intended exports ; whereas;, in the case of Whereas Article 7 of Regulation (EEC) No 766/68 the products referred to in the said Article (1 ) (f) and (g), provides that the basic amount of the refund on sorbose the refund is to be granted only for products complying exported in the natural state must be equal to the basic with the conditions in Article 3 of Commission Regula­ amount of the refund less one-hundredth of the produc­ tion (EEC) No 1469/77 of 30 June 1977 laying down tion refund applicable, pursuant to Council Regulation rules for applying the levy and the refund in respect of (EEC) No 1010/86 of 25 March 1986 laying down general isoglucose and amending Regulation (EEC) No 192/75 (9), rules for the production refund on sugar used in the as amended by Regulation (EEC) No 1714/88 (,0) ; chemical industry P), last amended by Commission Regu whereas, for the products referred to in -Article 1 (1 ) (h), the refund shall be granted only for products complying (1) OJ No L 177, 1 . 7. 1981 , p. 4. with the conditions in Article 13b of Regulation (EEC) 0 OJ No L 22, 27. 1 . 1994, p. 7. No 394/70 : (3) OJ No L 143, 25. 6. 1968, p. 6. (4) OJ No L 167, 26. 6. 1976, p. 13 . (j OJ No L 50, 4. 3. 1970, p. 1 . 0 OJ No L 54, 28 . 2. 1991 , p. 22. (j OJ No L 269, 20. 10. 1994, p. 14. 0 OJ No L 25, 31 . 1 . 1975, p. 1 . f) OJ No L 94, 9. 4. 1986, p. 9. H OJ No L 152, 18 . 6. 1988, p. 23.

31 . 12. 94 Official Journal of the European Communities No L 350/33

Whereas the representative market rates defined in Article whereas this prohibition does riot apply in certain situa­ 1 of Council Regulation (EEC) No 3813/92 ('), as tions as comprehensively listed in Articles 2, 4, 5 and 7 amended by Regulation (EC) No 3528/93 (2), are used to thereof ; whereas account should be taken of this fact convert amounts expressed in third country currencies when fixing the refunds ; and are used as the basis for determining the agricultural Whereas the Management Committee for Sugar has not conversion rates of the Member States' currencies ; delivered an opinion within the time limit set by its whereas detailed rules on the application and determina­ chairman, tion of these conversions were set by Commission Regu­ lation (EEC) No 1068/93 (3), as amended by Regulation (EC) No 547/94 (4) ; HAS ADOPTED THIS REGULATION : Whereas the refunds referred to above must be fixed every Article 1 month ; whereas they may be altered in the intervening period ; The export refunds on the products listed in Article 1 (1 ) Whereas application of these quotas results in fixing (d), (f), (g) and (h) of Regulation (EEC) No 1785/81 , refunds for the products in question at the levels given in exported in the natural state, shall be set out in the Annex hereto. the Annex to this Regulation ; Whereas Council Regulation (EEC) No 990/93 (*) prohi­ Article 2 bits trade between the European Community and the Federal Republic of Yugoslavia (Serbia and Montenegro) ; This Regulation shall enter into force on 1 January 1995.

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

Done at Brussels, 30 December 1994. For the Commission Rene STEICHEN Member of the Commission

(') OJ No L 387, 31 . 12. 1992, p. 1 . (2) OJ No L 320, 22. 12. 1993, p. 32. (3) OJ No L 108, 1 . 5. 1993, p. 106. (4) OJ No L 69, 12. 3. 1994, p. 1 . O OJ No L 102, 28 . 4. 1993, p. 14.

No L 350/34 Official Journal of the European Communities 31 . 12. 94

ANNEX

to the Commission Regulation of 30 December 1994 fixing the export refunds on syrups and certain other sugar products exported in the natural state

Product code Amount of refund

— ECU/ 100 kg dry matter —

1702 40 10 100 28,94 (*)(3) 1702 60 10 000 28,94 (2)(3)

— ECU/ 1 % sucrose x 100 kg — ,

1702 60 90 000 0,2894 (>)(3)

— ECU/ 100 kg dry matter —

1702 90 30 000 28,94 (2)(3)

— ECU/ 1 % sucrose x 100 kg —

1702 90 60 000 0,2894 (>)(3) 1702 90 71 000 0,2894 0 (3)

— ECU/100 kg dry matter —

1702 90 80 100 54,99 0

— ECU/ 1 % sucrose x 100 kg —

1 702 90 90 000 0,2894 (') (3) (4)

— ECU/ 100 kg dry matter —

2106 90 30 000 28,94 (2)(3)

— ECU/ 1 % sucrose x 100 kg —

2106 90 59 000 0,2894 (>)(3)

(') 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. (3) 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. (4) The basic amount is not applicable to the product defined under point 2 of the Annex to Regulation (EEC) No 3513/92 (OJ No L 355, 5. 12. 1992, p. 12). (*) Applicable only to products defined under Article 13 (3) of Regulation (EEC) No 394/70 . NB : The product codes and the footnotes are defined in amended Commission Regulation (EEC) No 3846/87 (OJ No L 366, 24. 12. 1987, p. 1 ).