No L 80/48 Official Journal of: the European -Communities 23. 3. 89 COMMISSION REGULATION (EEC) No 747/89 of 22 March 1989 on the adjustment, following a change in prices in the sugar sector, of certain export refunds fixed in advance THE COMMISSION OF THE EUROPEAN .COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to :Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the. markets . in the sugar sector ('), as last amended by Regulation (EEC) No 2306/88 (3, and in particular Article 19 (3) and (7) thereof, Whereas Article 12 of Council Regulation (EEC) No 766/68 of 18 June 1968 laying down general rules for granting export refunds on sugar (%), as last amended by Regulation (EEC) No 1489/76 (*), provides in particular that if, between the date on which application for an export licence with advance fixing of the refund is lodged and the date of export, there is an alteration in the prices fixed under the common organization of the markets in the sugar sector, an adjustment may be made to the amount of the refund; Whereas the provisions for adjusting the amount of the refund have now been applicable for several marketing years as regards refunds fixed in advance under a tendering procedure for commitments to export production surpluses ; whereas accordingly, with a view to improving the management of the sugar market, systematic use should also be made of those provisions to adjust the refunds in the case of white sugar, raw sugar, sugar syrup and isoglucose exported in the form of goods listed in the Annexes to Council Regulation (EEC) No 3035/80 of 11 November 1980 laying down general rules for granting export - refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty and the criteria for fixing the amount of such refunds (%), as last amended by Regulation (EEC) No 3209/88 (%), such refunds being fixed in advance before-the change in the intervention price concerned, with completion of the customs export formalities on or after that date ; whereas Article 5 (2) of Regulation (EEC) No 3035/80 provides that the rate-of refund under the system of advance fixing is to be adjusted according to the () OJ No L 177, 1. 7. 1981, p. 4. () OJ No L 201, 27. 7. 1988, p. 65. () OJ No L 143, 25. 6. 1968, p. 6. () OJ No L 167, 26. 6. 1976, p. 13. () OJ No L 323, 29. 11. 1980, p. 27. () O No L 286, 20. 1. 1988, p. 6. same rules applying to the advance fixing of refunds on basic products exported in the natural state ; whereas that adjustment will therefore be made on the basis of the difference between the intervention price for the sugar in. question applicable on the day the application for a licence is lodged and that applicable to the same sugar on the day it is exported, both those prices being increased by the storage levy applicable during the period of validity of ‘the price in question ; Whereas, by reason of the trend of the volume of trade in- products listed in Article 1-(1) (d).of Regulation (EEC) No 1785/81 and in white or raw. candy sugar, the provisions for adjusting the refunds should be applied to those products under the same conditions and, to ensure equal treatment, should be extended to - isoglucose where the products in question are exported in the natural state; Whereas it is therefore advisable, in the interests of sound management, to lay down certain administrative and technical rules with a view to ensuring that the ad)ustment of the refund for the basic product in questlon is applied on a uniform basis; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, HAS ADOPTED THIS REGULATION : Article 1 1. 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 price for white sugar expressed -in ecus in respect of non-deficit areas the export refund in question shall be adjusted in accordance with the conditions set out below. 2. Paragraph 1 shall apply to products listed in Annex I to this Regulation which are exported in~the natural state and to products listed in Annex II to this Regulation which are exported in the form of goods listed in the Annexes to Regulation (EEC) No 3035/80. 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 :