Commission Regulation (EC) No 1729/97 of 4 September 1997 on the adjustment, following a change in prices or the storage levy in the sugar sector, of certain export refunds fixed in advance

• CELEX: Regulation (EC) No 1729/97
• Articles: 8

Article 1

1. Notwithstanding Article 7 of Regulation (EC) No 2135/95, if, between the date on which an application is lodged for an export licence with advance fixing of the refund and the date on which the product is exported, there is a change in the intervention prices fixed in ecus under Regulation (EEC) No 1785/81 and/or a change in the storage levy fixed in ecus under that Regulation, the export refunds in question, fixed periodically, shall be adjusted in accordance with the conditions set out below.

2. Paragraph 1 shall apply:

(a) to products listed in Annex I hereto exported in the natural state; and

(b) to products listed in Annex II hereto exported in the form of the products listed in Annex I to Regulation (EEC) No 1785/81;

from the date of application of the new intervention price and/or of the new amount of the storage levy.

3. For the purposes of the adjustment referred to in paragraph 1, the competent authority of the Member State of issue shall, when issuing the export licence, mark the document as follows:

'To be adjusted in accordance with Commission Regulation (EC) No 1729/97 (OJ L 243, 5. 9. 1997) in the case of goods exported from the date on which the new intervention price in question and/or the new storage levy takes effect.`

The adjustment shall be made when the export refund in question is paid.

Article 2

For white sugar falling within CN code 1701 99 10 listed in Annexes I and II, the adjustment referred to in Article 1 shall be obtained by increasing or reducing, as the case may be, the export refund by the difference, expressed in ecus per 100 kilograms of sugar, between the intervention price for white sugar in the non-deficit areas plus the storage levy applicable on the day the application for the export licence was lodged and the intervention price for white sugar plus the storage levy applicable on the day of export.

Article 3

For products listed in Annexes I and II, with the exception of inulin syrup, falling within CN codes:

(a) 1701 91 00, ex 1701 99 90, 1702 60 90, 1702 90 60, 1702 90 71, ex 1702 90 99 and 2106 90 59, the adjustment determined in accordance with Article 2 shall apply for every 1 % of sucrose contained in the product in question; the amount shall be equal to one-hundredth of the difference established in accordance with the said Article;

(b) 1702 40 10, 1702 60 10, 1702 90 30 and 2106 90 30, the adjustment determined in accordance with Article 2 shall apply per 100 kilograms of dry matter contained in the product in question.

Article 4

1. For standard-quality raw sugar falling within CN codes 1701 11 90 and 1701 12 90 listed in Annexes I and II, the adjustment referred to in Article 1 shall be obtained by increasing or reducing, as the case may be, the export refund by the difference, expressed in ecus per 100 kilograms of sugar, between the intervention price for raw sugar plus the storage levy, expressed as raw sugar, which are applicable on the day the application for the export licence was lodged and the intervention price for raw sugar plus the storage levy, expressed as raw sugar, which are applicable on the day of export.

2. Where the yield of the raw sugar differs from that of the standard quality referred to in Council Regulation (EEC) No 431/68 (6), the refund payable adjusted in accordance with paragraph 1 shall be further adjusted in accordance with Article 5 (1) of Commission Regulation (EC) No 1423/95 (7).

Article 5

For inulin syrup referred to in Annex I falling within CN code ex 1702 60 90, the adjustment per 100 kilograms of dry matter shall be equal to that calculated in accordance with Article 2 multiplied by 1,9.

Article 6

Regulation (EEC) No 747/89 is hereby repealed.

Article 7

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply from 1 October 1997.

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

Done at Brussels, 4 September 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 177, 1. 7. 1981, p. 4.

(2) OJ L 206, 16. 8. 1996, p. 43.

(3) OJ L 214, 8. 9. 1995, p. 16.

(4) OJ L 136, 31. 5. 1994, p. 5.

(5) OJ L 80, 20. 3. 1989, p. 48.

(6) OJ L 89, 10. 4. 1968, p. 3.

(7) OJ L 141, 24. 6. 1995, p. 16.

Schedules & Appendices

ANNEX I

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ANNEX II

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