No L 214/16 Official Journal of the European Communities 8.9.95 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 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 1101/95 (3, and in particular Article 17 (15) thereof ; Whereas the Agreement on Agriculture reached during the Uruguay Round multilateral trade negotiations, herei- nafter referred to as the ‘Agreement’, requires in particular that the regulations applicable to exports of sugar be adapted ; whereas Title II (Trade with third countries) of the basic Regulation (EEC) No 1785/81 was revised as a result of that Agreement by Council Regulation (EC) No 3290/94 (*) ; whereas, consequently, the detailed rules of application for granting export refunds on sugar laid down by Commission Regulations (EEC) No 394/70 (), as last amended by Regulation (EC) No 2529/94 (%), and (EEC) No 1469/77 (%), as amended by Regulation (EEC) No 1714/88 (), should also be reviewed, the Regulations being repealed while those provisions still relevant to the application of the refund system are carried over; Whereas candy sugar, which is manufactured from white sugar or refined raw sugar, very often has a degree of pola- rization of less than 99,5 % ; whereas, in view of the high degree of purity of the raw material used, the refund on candy sugar should be as close as possible to the refund on white sugar; whereas a precise definition of candy sugar should be laid down; Whereas the intervention prices for white sugar and raw sugar are fixed without taking account of the storage levy provided for in Article 8 of Regulation (EEC) No 1785/81 ; whereas, however, account should be takgn of () OJ No L 177, 1. 7. 1981, p. 4. () O] No L 110, 17. 5. 1995, p. 1. () OJ No L 349, 31. 12. 1994, p. 105. () OJ No L S0, 4. 3. 1970, p. 1. () OF No L 269, 20. 10. 1994, p. 14. () O] No L 162, 1. 7. 1977, p. 9. () O] No L 152, 18. 6. 1988, p. 23. the impact of that levy on sugar prices and the export refunds should be determined accordingly ; Whereas, in order to ensure equal treatment of all parties concerned in the Community, a standard method for determining the sucrose content of certain products should be laid down ; whereas special provisions must be laid down to cover cases where that method does not allow the total sucrose content to be determined; Whereas, in the case of syrups with a relatively low degree of purity, the sucrose content should be fixed at a flat rate on the basis of the extractable sugar content; Whereas exports of white sugar to third countries are more and more frequently preceded by storage in bulk in port warehouses or silos, bagging being carried out at the last minute when the ship is ready to be loaded or on board the vessel itself ; whereas, as a result, such opera- tions imply the shared use at the port concerned of a silo in which sugar from various sugar companies is stored and therefore mixed; whereas, as the regulations now stand, in order to qualify for advance payment of refunds, since sugar must be stored under conditions permitting it to be identified physically, mixing with other sugar is not permitted ; whereas this situation thus prevents a major percentage of Community sugar exported to third coun- tries from qualifying for advance payment of export refunds ; Whereas, furthermore, the special features of white sugar, namely its high degree of technical and commercial homogeneity, make it possible to relax the regulatory constraints on that product while still ensuring that the product is actually exported after payment of the refund; whereas, under these circumstances, mixing white sugar from various sources at one place of storage should under certain conditions (in particular subject to controls) be permitted for the purposes of the advance payment of export refunds, by amending the relevant provisions on the sugar sector; Whereas, with a view to granting export refunds on isoglucose and inulin syrup, limits should be laid down as regards the fructose and polysaccharide content in order to ensure that the refund is granted only on the true product as such; whereas, as regards inulin syrup, the