Council Regulation (EC) No 1493/1999 (repealed)Show full title

Article 64 U.K.

1. This Article shall apply to the refunds referred to in Article 63(1).

2. The amount of the refund for products referred to in Article 63(1)(b) shall be:

(a) in the case of raw sugar and white sugar, the amount of refund for export of these products unprocessed as fixed in accordance with Article 17 of Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organisation of the market in the sugar sector(1), and with the provisions adopted for its application;

(b) in the case of glucose and glucose syrup, the amount of the refund for export of these products unprocessed as fixed for each of these products in accordance with Article 13 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(2), and with the provisions adopted for its application.

To qualify for the refund, processed products must, on export, be accompanied by a declaration from the applicant indicating the amounts of raw sugar, white sugar, glucose and glucose syrup used in their manufacture.

The accuracy of this declaration shall be subject to checks by the competent authorities of the Member State concerned.

3. The following shall be taken into account when refunds are being fixed:

(a) the existing situation and likely trends with regard to:

(i)

prices and availability of the products listed in Article 63(1) on the Community market;

(ii)

world market prices for those products;

(b) the most advantageous marketing and transport costs from the Community markets to the ports or other export points of the Community as well as the costs of shipment to the country of destination;

(c) the objectives of the common organisation of the market in wine, which are to ensure balance on the markets and natural development in respect of prices and trade;

(d) limits arising out of agreements concluded in accordance with Article 300 of the Treaty;

(e) the need to avoid disturbances on the Community market;

(f) the economic aspect of the proposed exports.

4. Community market prices referred to in Article 63(1) shall be determined on the basis of the most advantageous export prices.

The following shall be taken into account when the prices in international trade referred to in Article 63(1) are being determined:

(a) prices recorded on third-country markets;

(b) the most advantageous prices in third countries of destination for imports from third countries;

(c) producer prices recorded in exporting third countries, account being taken, where appropriate, of subsidies granted by those countries;

(d) free-at-Community-frontier offer prices.

5. Without prejudice to the third subparagraph of Article 63(3), the intervals at which the list of products for which a refund is actually granted is to be fixed and the amount of that refund shall be determined in accordance with the procedure laid down in Article 75.

6. The refund shall be paid on proof that the products:

(a) are of Community origin,

(b) have been exported from the Community, and

(c) in the case of a differentiated refund, have reached the destination indicated on the licence or another destination for which the refund was fixed, without prejudice to Article 63(5)(b). However, exceptions may be made to this rule in accordance with the procedure laid down in Article 75, provided that conditions are laid down which offer equivalent guarantees.

Additional provisions may be adopted in accordance with the procedure laid down in Article 75.

7. Without prejudice to paragraph 6(a), in the absence of a derogation granted in accordance with the procedure laid down in Article 75, no export refund shall be granted on products imported from third countries and re-exported to third countries.

(1)

OJ L 177, 1.7.1981, p. 4. Regulation as last amended by Regulation (EC) No 1148/98 (OJ L 159, 3.6.1998, p. 38.)

(2)

OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EG) No 1253/1999 (OJ L 160, 26.6.1999, p. 18.)