1010/86 - - - I
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COUNCIL REGULATION (EEC) No 1010/86
of 25 March 1986
laying down general rules for the production refund on certain sugar products used in the
chemical industry
(OJ No L 94, 9.4.1986, p. 9)
Amended by:
Official Journal
No page date
Commission Regulation (EEC) No 1714/88 of 13 June 1988 L 152 23 18.6.1988
Commission Regulation (EEC) No 2306/88 of 26 July 1988 L 201 65 27.7.1988Council Regulation (EEC) No 1438/90 of 21 May 1990 L 138 12 31.5.1990Council Regulation (EEC) No 1771/90 of 26 June 1990 L 163 1 29.6.1990Commission Regulation (EEC) No 464/91 of 27 February 1991 L 54 22 28.2.1991Council Regulation (EC) No 1101/95 of 24 April 1995 L 110 1 17.5.1995
1010/86 - - - I
ICOUNCIL REGULATION (EEC) No 1010/86
of 25 March 1986
laying down general rules for the production refund on certain sugar products used in the
chemical industry
THE COUNCIL OF THE EUROPEAN COMMU-
NITIES,
Having regard to the T reaty 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(1),a sl a s ta m e n d e db yR e g u l a -
tion (EEC) No 934/86(2), and in particular Articles 9 (5)
and 28 (5) thereof,
Having regard to the proposal from the Commission,
Whereas under Article 9 (3) of Regulation (EEC) No
1785/81 it may be decided to grant production refunds on
sugar, unprocessed isogiucose and syrups covered by that
Regulation which are used in the manufacture of certain
products of the chemical industry;
Whereas the third subparagraph of Article 28 (5) of Re-
gulation (EEC) No 1785/81 states that provision may be
made for all or part of the financial losses resulting from
the granting of any production refunds to be borne by the
beet growers and the manufacturers ; whereas use should
be made of this possibility for the sugar used by the
chemical industry over and above the usual quantities;
Whereas a system of production refunds should be intro-
duced which will enable the outlets for sugar to expand
beyond the usual quantities ; whereas, to this end, the
products in question should henceforth be made available
to the chemical industry at a lower price level;
Whereas sugar can be used as a basic product by the
chemical industry in the same way as starch products
whereas a harmonious development should therefore be
assured for the use of these basic products; whereas, tothat end, provision should be made for the application of a
system of production refunds taking account of the price of
sugar, the value of maize needed for the manufacture of
the chemical products in question, the production refunds
granted for starch products under Council Regulation
(EEC) No 1009/86 of 25 March 1986 laying down general
rules applicable to production refunds for cereals and rice
(3)and the trend in world sugar prices; whereas in view of
the links between the system of production (3) refund in
the sugar sector and in the cereals sector, it should be laid
down for the purposes of the system provided for in this
Regulation that the marketing year is to be that defined by
Council Regulation (EEC) No 2727/75 of 29 October 1975
on the common organization of the market in cereals(4)as
last amended by Regulation (EEC) No 1006/86(5)
Whereas arrangements similar to those laid down for whitesugar used by the chemical industry should be laid down
for unprocessed isogiucose;
(1)OJ No L 177 du 1. 7. 1981, p. 1.
(2)JO No L 87, 2. 4. 1986, p. 1.
(3)S e ep a g e6o ft h i sO f f i c i a lJ o u r n a l .
(4)OJ No L 281, 1. 11. 1975, p. 1.
(5)S e ep a g e1o ft h i sO f f i c i a lJ o u r n a l .
1010/86 - - - I
IIWhereas raw sugar and syrups with a high degree of pu-
rity, calculated in accordance with Article 1 (5) of Regula-
tion (EEC) No 1443/82(1),a sl a s ta m e n d e db yR e g u l a t i o n
(EEC) No 3819/85(2), should also qualify for the produc-
tion refunds if used in the chemical industry; whereas the
production refund on these basic products should therefore
be that for white sugar, adjusted by reference to yield or
sucrose content as appropriate whereas, as far as isoglu-
cose is concerned, production refunds should be granted
subject to the same conditions as the export refunds on
that product;
Whereas, to prevent abuses, provision should be made for
the production refund to be granted only if other uses are
excluded by means of controls; whereas, if such controls
are to be possible, the production refund should be paid
only to the processor and on application by the processor;
Whereas controls may, in certain cases, be rendered more
effective if provision is also made for an approval pro-
cedure ; whereas the Member State in the territory of
which processing takes place should therefore be free to
decide whether or not processors must obtain such appro-
val;
Whereas, to keep pace with technological developments in
this sector, provision should be made for changes to the
original list of the chemical products in question to be
made in accordance with the procedure laid down in Ar-
ticle 41 of Regulation (EEC) No 1785/81;
Whereas this Regulation is intended to replace Council
Regulation (EEC) No 1400/78 of 20 June 1978 laying
down general rules for the production refund on sugar
used in the chemical industry(3); whereas the latter Re-
gulation should therefore be repealed,
HAS ADOPTED THIS REGULATION:
(1)OJ No L 158, 9. 6. 1982, p. 17.
(2)OJ No L 368, 31. 12. 1985, p. 25.
(3)OJ No L 170, 27. 6. 1978, p. 9.
1010/86 - - - I
1Article 1
1. As from the 1986/87 marketing year, as defined in
paragraph 3, a production refund shall be granted subject
to the conditions laid down in this Regulation on the prod-
ucts referred to in Article 1 (1) (a) and (f) of Regulation
(EEC) No 1785/81 and to the sucrose syrups referred to in
Article 1 (1) (d) of the said Regulation and falling within
CN codes ex 1702 60 90 and ex 1702 90 90 having a
purity of at least 85 % (hereinafter called “basic products”
which are used in the manufacture of the products of the
chemical industry listed in the Annex hereto (hereinafter
called “chemical products”).
1 a . F o rt h ep u r p o s e so ft h i sR e g u l a t i o n ,c h e m i c a l l yp u r efructose (laevulose) falling within CN code 1702 50 00
shall, as an intermediate product, be considered as one of
the basic products referred to in paragraph 1 if, on the
one hand, it is obtained in the Community directly fromthose basic products with the exception of any product
coming under other production refund arrangements and,
on the other hand, it is used for processing into one of the
chemical products referred to in the Annex.
The amount of the production refund granted per 100
kilograms of laevulose used, expressed as dry matter, shall
be equal to the production refund applicable for 100 kilo-
grams of white sugar on the day on which the application
for a production refund is received.
It may in addition be stipulated, if necessary, that the
granting of a production refund for laevulose shall be re-
stricted to an overall quantity of that product to be deter-
mined for the Community.
That quantity shall be determined for one or more market-
ing years on the basis in particular of:
(a) the average Community production of laevulose ob-
tained over a reference period;
(b) the development of the market in, and imports of,
laevulose;
(c) the possible effects on the sugar market in the Com-
munity.
2. The production refund on the product referred to inArticle 1(1) (f) of Regulation (EEC) No 1785/81 shall be
granted only in respect of a product:
(a) which has been obtained by isomerization of glucose;
(b) which has a content by weight in the dry state of at
least 41 % fructose and
(c) of which the total content by weight in the dry state
of polysaccharides and oligosaccharides, including thediortrisaccharides content, does not exceed 8,5 %.1010/86
1714/88
1438/90
1010/86
1010/86 - - - I
24. The production refund shall be fixed periodically.
Article 2
1. The production refund shall be granted by the
Member State in the territory of which processing of the
basic products takes place.
2. The Member State may grant the refund only if cus-
toms control, or administrative inspection affording equiv-
alent guarantees, ensures that the basic products are used
for the purpose specified in the application referred to in
Article 3.
Article 3
1. The production refund shall be granted only to pro-
cessors who guarantee that the control provided for in Ar-
ticle 2 (2) can be carried out at any time and who have
submitted an application specifying the chemical product in
the manufacture of which the basic product is to be used.
2. The Member State concerned may make entitlement
to the refund subject to prior approval of the processors
referred to in paragraph 1, in particular for the application
of paragraph 1.
Article 4
1. Without prejudice to paragraphs 2 to 5, the amount
of the production refund per 100 kilograms of white sugar
shall be fixed taking into account the world market price
for white sugar plus a standard amount of 7 ECU per 100
kilograms of white sugar, the price of glucose and the
price of Community sugar.
2. For the 1986/87 and 1987/88 marketing years the
price of sugar shall be equal to the price of glucose.
3. As from the 1988/89 marketing year the price of
sugar shall be adjusted taking into account any difference
between the world market price for white sugar and the
price of glucose.
The adjustment referred to in the first subparagraph shall
be as follows
(a) for the 1988/89 marketing year, 25 % of the differ-
ence recorded;
(b) for the 1989/90 marketing year, 50 % of the differ-
ence recorded except where, during the preceding
marketing year, owing to unforeseen circumstances,
the aid for sugar was such as to disrupt the starch
sector. In that event, the adjustment shall not be
raised to 50 % and the details of these arrangements
shall be reviewed.
4. For the purpose of implementing paragraphs 1, 2 and
3, the following definitions shall apply:1010/86
1010/86 - - - I
3(a) world market price for sugar: the price of Community
sugar less the average of the export refunds for white
sugar recorded during the reference period in ques-
tion, after deduction of a standard amount of 7 ECU
per 100 kilograms;
(b) price of glucose : twice the price of maize as recorded
on the Community market less twice the production
refunds, per 100 kilograms of maize, applicable to
starch products used for the manufacture of the prod-
ucts referred to in the Annex to Regulation (EEC)
No 1009/86;
(c) price of Community sugar: the intervention price for
white sugar plus the storage levy.
5. The detailed rules referred to in (b) of the second
subparagraph of paragraph 3 shall be reviewed in accord-
ance with the procedure laid down in Article 41 of Regula-
tion (EEC) No 1785/81.
6. Before the end of the 1989/90 marketing year the
Commission shall report to the Council on the operation
of the present arrangements and make appropriate propo-
sals concerning future arrangements.
Article 4a
1. As from the 1990/91 marketing year, the amount of
the production refund per 100 kilograms of white sugar
shall be fixed taking into account the world market price
for white sugar plus a standard amount of ECU 7 per 100
kilograms of white sugar and the price of Community
sugar.
1a. The standard amount of ECU 8,45 per 100 kilogramsof white sugar referred to in paragraph 1 may be reduced
to as low as ECU 2,42 per 100 kilograms in accordance
with the procedure laid down in Article 41 of Regulation
(EEC) No 1785/81.
2. For the purpose of implementing paragraph 1, the
following definitions shall apply:
(a) world market price for sugar: the price of Community
sugar less the average of the export refunds for white
sugar recorded during the reference period in ques-
tion after deduction of a standard amount of ECU 7
per 100 kilograms;
(b) price of Community sugar: the intervention price for
white sugar plus the storage levy.1010/86
1771/90
1101/95
1771/90
1010/86 - - - I
4Article 5
The amount of the production refund granted per 100
kilograms of raw sugar shall be equal to one hundredth of
the amount applicable on the use of white sugar, multi-
plied by the yield of the raw sugar used, which yield shall
be determined in accordance with Article 1 of Regulation
(EEC) No 431/68(1).
Article 6
The amount of the production refund granted per 100
kilograms of the sucrose syrups referred to in Article 1
shall be equal to one hundredth of the amount applicable
on the use of white sugar, multiplied by:
(a) the sucrose content of the syrup used, where the pu-
rity of the latter is not less than 98 % or
(b) the extractable sugar content of the syrup used, deter-
mined in accordance with the second subparagraph of
Article 1(5) of Regulation (EEC) No 1443/82, where
the purity of the syrup is at least 85 % but less than
98 %.
Article 7
The amount of the production refund granted per 100
kilograms of dry matter of the basic product referred to in
Article 1(1) (f) of Regulation (EEC) No 1785/81 shall be
equal to the amount of the production refund applicable
on the use of white sugar.
Article 8
The Annex to this Regulation shall be amended, if necess-
ary, in accordance with the procedure laid down in Article
41 of Regulation (EEC) No 1785/81.
Article 9
When the total loss referred to in Article 28 (1) (e) of
Regulation (EEC) No 1785/81 is being established, the
losses resulting from the granting of the production re-
funds referred to in Article 1 of this Regulation shall be
taken into account in respect of eligible quantities exceed-
ing in total 60 000 tonnes of white sugar equivalent.
Article 10
1. Regulation (EEC) No 1400/78 shall be repealed with
effect from the 1986/87 marketing year.
(1)OJ No L 89, 10. 4. 1968, p. 3.1010/86
1010/86 - - - I
52. However, Regulation (EEC) No 1400/78 shall remain
applicable to processing operations in respect of which
production refund applications have been submitted prior
to the entry into force of the arrangements introduced by
this Regulation.
Article 11
This Regulation shall enter into force on the third day fol-
lowing its publication in the Official Journal of the Euro-
pean Communities.1010/86
1010/86 - - - I
6ANNEX
LIST OF CHEMICAL PRODUCTS
CN code Description
1302 31 00
1302 32 00
1302 39 00 - - - Mucilages and thickeners, whether or
not modified, derived from vegetable
products
ex 1520 Glycerol (glycerine), whether or not pure;glycerol waters glycerol lyes:
1520 90 00 - - - Other, including synthetic glycerol
1702 90 10 --- --- C h e m i c a l l y p u r e m a l t o s e
ex 2520 Gypsum; anhydrite; plasters (consisting ofcalcined gypsum or calcium sulphate)
w h e t h e ro rn o tc o l o u r e d ,w i t ho rw i t h o u t
small quantities of accelerators or re-
tarders:
2520 20 - - - Plasters
ex 2839 Silicates; commercial alkali metal silicates:
2839 90 - - - Other
Chapter 29
(excluding
codes
2905 43 00
and 2905 44)ORGANIC CHEMICALS
Chapter 30 PHARMACEUTICAL PRODUCTS
ex 3203 00 Colouring matter of vegetable or animal
origin and preparations based thereon464/91
ex 3204 Synthetic organic colouring matter and
preparations based thereon
ex 3307 Pre-shave, shaving or after-shave prepara-tions, personal deodorants, bath prepara-
tions, depilatories and other perfumery,
cosmetic or toilet preparations, not else-
where specified or included; prepared
room deodorizes, whether or not per-
fumed or having disinfectant properties:2306/88
- - - Preparations for perfuming or deodor-
izing rooms, including odoriferous
preparations used during religious rites:
3307 49 00 - - - - - - Other
3307 90 00 - - - Other2306/88
1010/86 - - - I
7CN code Description
ex 3401 Soap; organic surface-active products and
preparations for use as soap, in the form
of bars, cakes (SIC! cakes,) moulded
pieces or shapes, whether or not contain-
ing soap; paper, wadding, felt and non-
wovens, impregnated, coated or covered
with soap or detergent:
- - - Soap and organic surface-active prod-
ucts and preparations in the form of
bars, cakes, moulded pieces or shapes,
and paper, wadding, felt and non-
wovens, impregnated, coated or cov-
ered with soap or detergent:
3401 19 00 - - - - - - Other
3402 Organic surface-active agents (other thansoap); surface-active preparations (includ-
ing auxiliary washing preparations) and
cleaning preparations, whether or not con-
taining soap, other than those of code
3401
ex 3403 Lubricating preparations (including cut-ting-oil preparations, anti-rust or anti-cor-
rosion preparations and mould release
preparations, based on lubricants) and
preparations of a kind used for the oil or
grease treatment of textile materials,
leather, furskins or other materials, but ex-
cluding preparations containing, as basic
constituents, 70 % or more by weight of
petroleum oils or of oils obtained from
bituminous minerals:
- - - Containing petroleum oils or oils ob-
tained from bituminous minerals:
ex 3403 19 - - - - - - Other:
3403 19 10 - - - - - - - - - Containing 70 % or more by
weight of petroleum oils or of oils
obtained from bituminous minerals
but not as the basic constituent2306/88
1010/86 - - - I
8CN code Description
3405 Polishes and creams, for footwear, furni-
ture, floors, coach-work, glass or metal,
scouring pastes and powders and similar
preparations (whether or not in the form
of paper, wadding, felt, non-wovens, cellu-
lar plastics or cellular rubber, impreg-
nated, coated or covered with such prep-
arations), excluding waxes of code 3404
3407 00 00 Modelling pastes including those put upfor children’s amusements; preparations
know as “dental wax” or as “dental im-
pression compounds”, put up in sets, in
packings of retail sale or in plates, horse-
shoe shapes, sticks or similar forms; other
preparations for use in dentistry, with a
basis of plaster (of calcined gypsum or cal-
cium sulphate)
Chapter 35
(excluding
codes 3501,
3505 10 10,
3505 10 90
and 3502 20)ALBUMINOIDAL SUBSTANCES; MO-DIFIED STARCHES; GLUES; EN-
ZYMES
Chapter 38
(excluding
codes
3809 10,
ex 3809 91 00,
ex 3809 92 00,
ex 3809 99 00
and 3823 60)MISCELLANEOUS CHEMICAL PROD-UCTS
3901 to3914 PLASTICS
ex 6809 Articles of plaster or of comopsitionsbased on plaster (boards, sheets, panels,
tiles and similar articles)464/912306/88