5.9.97 Official Journal of the European Communities L 243/1 (Acts whose publication is obligatory) 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 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European 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 Regula- tion (EC) No 1599/96 (%), and in particular Article 17 (5) and (15) thereof, Whereas Article 7 of Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (°) lays down that if, where the refund is fixed peri- odically, during the period between the day on which the application for an export licence is lodged and the day of export, there is a change in the prices of sugar fixed pursuant to Regulation (EEC) No 1785/81, provision may be made for the refund to be adjusted; whereas such an adjustment is only permitted where there is a change in the prices fixed in ecus; Whereas, in determining export refunds, account is taken of the storage levy to be paid on disposal of the sugar because it forms part of the ex-factory price of the sugar irrespective of its destination; whereas, therefore, the adjustment of export refunds fixed by invitation to tender is provided for not only following changes in prices fixed in ecus but also following changes in the storage levy between the day an application for an export licence is lodged and the day of export; whereas in order to ensure equal treatment and optimum management of the sugar markets, this latter possibility of adjustment should be extended to the refunds which are fixed periodically for the export of white sugar, raw sugar, sugar syrup and isoglucose exported in the form of the products listed in Annex I to Regulation (EEC) No 1785/81 where they are () OJ L 177, 1. 7. 1981, p. 4. () OJ L 206, 16. 8. 1996, p. 43. () OJ L 214, 8. 9. 1995, p. 16. fixed before the change in the intervention price in ques- tion and/or the change in the storage levy and customs formalities are completed on the date of the change or later; whereas the third subparagraph of Article 5 (2) of Commission Regulation (EC) No 1222/94 (%) lays down that the rate of refunds fixed in advance should be adjusted in accordance with the same rules as apply for the advance fixing of refunds for basic products exported in the natural state; whereas that adjustment is therefore made on the basis of the difference between the interven- tion price for the sugar concerned on the day an applica- tion for an export licence is lodged and that valid for the same sugar on the day of export, the two prices being increased by the storage levy applicable at the same time as the prices concerned; Whereas, given the increase in trade in certain products referred to in Article 1 (1) (d) of Regulation (EEC) No 1785/81 and white and raw candy sugar, the possibility of adjusting refunds should be extended to those products under the same conditions and, in order to ensure equal treatment, to isoglucose and inulin syrup exported in the natural state; Whereas, in the interests of efficient management of these arrangements, a number of administrative and technical rules should be laid down enabling the uniform applica- tion of the adjustment of the refund for the basic product concerned; Whereas 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 (") should be repealed and this Regulation applied for the first time to exports of sugar form the new harvest for which licences are applied for from 1 October 1997; OJ L 136, 31. 5. 1994, p. S. OJ L 80, 20. 3. 1989, p. 48.