1986R1010 — EN — 10.09.2000 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B 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 L 94, 9.4.1986, p. 9)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1714/88 of 13 June 1988 L 152 23 18.6.1988
►M2Commission Regulation (EEC) No 2306/88 of 26 July 1988 L 201 65 27.7.1988
►M3Council Regulation (EEC) No 1438/90 of 21 May 1990 L 138 12 31.5.1990
►M4Council Regulation (EEC) No 1771/90 of 26 June 1990 L 163 1 29.6.1990
►M5Commission Regulation (EEC) No 464/91 of 27 February 1991 L 54 22 28.2.1991
►M6Council Regulation (EC) No 1101/95 of 24 April 1995 L 110 1 17.5.1995
►M7Commission Regulation (EC) No 1126/96 of 24 June 1996 L 150 3 25.6.1996
►M8Commission Regulation (EC) No 1148/98 of 2 June 1998 L 159 38 3.6.1998
►M9Commission Regulation (EC) No 2074/98 of 29 September 1998 L 265 8 30.9.1998
►M10Commission Regulation (EC) No 1888/2000 of 6 September 2000 L 227 15 7.9.2000
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
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
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
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),
as last amended by Regulation (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 isogiucoseand 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 Regulation (EEC)
No 1785/81 states that provision may be made for all or part of thefinancial losses resulting from the granting of any production refunds tobe borne by the beet growers and the manufacturers; whereas use shouldbe 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 introduced which
will enable the outlets for sugar to expand beyond the usual quantities;whereas, to this end, the products in question should henceforth be madeavailable 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,
to that end, provision should be made for the application of a system ofproduction refunds taking account of the price of sugar, the value ofmaize needed for the manufacture of the chemical products in question,the production refunds granted for starch products under CouncilRegulation (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 thesystem of production (3) refund in the sugar sector and in the cerealssector, it should be laid down for the purposes of the system provided forin 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 white sugar used
by the chemical industry should be laid down for unprocessedisogiucose;
Whereas raw sugar and syrups with a high degree of purity, calculated in
accordance with Article 1 (5) of Regulation (EEC) No 1443/82(
6), as
last amended by Regulation (EEC) No 3819/85(7), should also qualify
for the production refunds if used in the chemical industry; whereas theproduction refund on these basic products should therefore be that forwhite sugar, adjusted by reference to yield or sucrose content asappropriate whereas, as far as isoglucose is concerned, production1986R1010 — EN — 10.09.2000 — 003.001 — 2
(1) OJ No L 177 du 1. 7. 1981, p. 1.
(2) JO No L 87, 2. 4. 1986, p. 1.
(3) See page 6 of this Official Journal.
(4) OJ No L 281, 1. 11. 1975, p. 1.
(5) See page 1 of this Official Journal.
(6) OJ No L 158, 9. 6. 1982, p. 17.
(7) OJ No L 368, 31. 12. 1985, p. 25.
▼B
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 productionrefund should be paid only to the processor and on application by theprocessor;
Whereas controls may, in certain cases, be rendered more effective if
provision is also made for an approval procedure; 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 approval;
Whereas, to keep pace with technological developments in this sector,
provision should be made for changes to the original list of the chemicalproducts in question to be made in accordance with the procedure laiddown in Article 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(
1); whereas the
latter Regulation should therefore be repealed,
HAS ADOPTED THIS REGULATION:
Article 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 inthis Regulation on the products referred to in Article 1 (1) (a) and (f) ofRegulation (EEC) No 1785/81 and to the sucrose syrups referred to in
Article 1 (1) (d) of the said Regulation ►
M1and falling within CN
codes►M8ex 1702 60 95 ◄and►M8ex 1702 90 99 ◄◄
having a purity of at least 85 % (hereinafter called ‘basic products’which are used in the manufacture of the products of the chemicalindustry listed in the Annex hereto (hereinafter called ‘chemicalproducts’).
1a. For the purposes of this Regulation, chemically pure fructose
(laevulose) falling within CN code 1702 50 00 shall, as an intermediateproduct, be considered as one of the basic products referred to inparagraph 1 if, on the one hand, it is obtained in the Community directlyfrom those 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 theAnnex.
The amount of the production refund granted per 100 kilograms of
laevulose used, expressed as dry matter, shall be equal to the productionrefund applicable for 100 kilograms 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 restricted to an overall quantityof that product to be determined for the Community.
That quantity shall be determined for one or more marketing years on
the basis in particular of:
(a) the average Community production of laevulose obtained 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 Community.1986R1010 — EN — 10.09.2000 — 003.001 — 3
(1) OJ No L 170, 27. 6. 1978, p. 9.▼M3
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2. The production refund on the product referred to in Article 1(1) (f)
of Regulation (EEC) No 1785/81 shall be granted only in respect of aproduct:
(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 the diortrisacchar-ides content, does not exceed 8,5 %.
4. 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 customs control, or
administrative inspection affording equivalent guarantees, ensures that
the basic products are used for the purpose specified in the applicationreferred to in Article 3.
Article 3
1. The production refund shall be granted only to processors who
guarantee that the control provided for in Article 2 (2) can be carried outat any time and who have submitted an application specifying thechemical product in the manufacture of which the basic product is to beused.
2. The Member State concerned may make entitlement to the refund
subject to prior approval of the processors referred to in paragraph 1, inparticular 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 glucoseand 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 marketprice 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 difference recorded;
(b) for the 1989/90 marketing year, 50 % of the difference recorded
except where, during the preceding marketing year, owing to
unforeseen circumstances, the aid for sugar was such as to disruptthe starch sector. In that event, the adjustment shall not be raised to50 % 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:
(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 question, 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 100kilograms of maize, applicable to starch products used for themanufacture of the products referred to in the Annex to Regulation(EEC) No 1009/86;1986R1010 — EN — 10.09.2000 — 003.001 — 4
▼B
(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 accordance with the procedure laiddown in Article 41 of Regulation (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 arrangementsand make appropriate proposals 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 Communitysugar.
1a. The standard amount of ECU 8,45 per 100 kilograms of 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 Article41 of Regulation (EEC) No 1785/81.
1b. For the period 1 October 1998 to 30 June 2001 the standard
amount referred to in paragraph 1 shall be reduced to EUR 6,45 per 100kilograms of white sugar.
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 thereference period in question 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.
Article 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 theuse of white sugar, multiplied 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 ofthe amount applicable on the use of white sugar, multiplied by:
(a) the sucrose content of the syrup used, where the purity of the latter is
not less than 98 % or
(b) the extractable sugar content of the syrup used, determined in
accordance with the second subparagraph of Article 1(5) of
Regulation (EEC) No 1443/82, where the purity of the syrup is atleast 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 Regulation1986R1010 — EN — 10.09.2000 — 003.001 — 5
(1) OJ No L 89, 10. 4. 1968, p. 3.▼M4
▼M6
▼M10
▼M4
▼B
▼B
(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 necessary, 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 refunds referred to in Article 1 of this Regulation shallbe taken into account in respect of eligible quantities exceeding in total60 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.
2. 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 following its
publication in the Official Journal of the European Communities.1986R1010 — EN — 10.09.2000 — 003.001 — 6
▼M7
ANNEX
CN code Description of goods
1302 31 00 — — Agar-agar
1302 32 — — Mucilages and thickeners, whether or not modified, derived from locust
beans, locust bean seeds or guar seeds:
1302 32 10 ———O f locust beans or locust bean seeds
1302 32 90 ———O fg u ar seeds
1302 39 00 — — other
1702 90 10 — — Chemically pure maltose
ex 2520 Gypsum; anhydrite; plasters whether or not coloured, with or without small
quantities of accelerators or retarders:
2520 20 — Plasters
ex 2839 Silicates; commercial alkali metal silicates:
2839 90 00 — other
Chapter 29 Organic chemicals, except those of sub-headings 2905 43 00 and 2905 44
Chapter 30 Pharmaceutical products
3203 00 90 Colouring matter of vegetable or animal origin and preparations based on this
matter
ex 3204 Synthetic organic colouring matter, and preparations as specified in note 3 to
this Chapter based on this colouring matter
3307 Pre-shave, shaving or after-shave preparations, personal deodorants, bath
preparations, depilatories and other perfumery, cosmetic or toilet preparations,
not elsewhere specified or included; prepared room deodorizers, whether or not
perfumed or having disinfectant properties:
— Preparations for perfuming or deodorizing rooms, including odoriferous
preparations used during religious rites:
3307 49 00 — — other
3307 90 00 — other
ex 3401 Soap, organic surface-active products and preparations for use as soap, in the
form of bars, cakes, moulded pieces or shapes, whether or not containing soap;
paper, wadding, felt and nonwovens, impregnated, coated or covered with soap
or detergent:
3401 19 00 — other
3402 Organic surface-active agents (other than soap); surface-active preparations,
washing preparations (including auxiliary washing preparations) and cleaning
preparations, whether or not containing soap, other than those of heading No
3401
3403 Lubricating preparations (including cutting-oil preparations, bolt or nut release
preparations, anti-rust or anti-corrosion 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
excluding 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 obtained from bituminous minerals:
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 constituent
3405 Polishes and creams, for footwear, furniture, floors, coachwork, glass or metal,
scouring pastes and powders and similar preparations (whether or not in the
form of paper, wadding, felt, non-wovens, cellular plastics or cellular rubber,
impregnated, coated or covered with such preparations), excluding waxes of
heading No 3404
3407 00 00 Modelling pastes, including those put up for children's amusement; preparations
known as ‘dental wax’ or as ‘dental impression compounds’, put up in sets, in
packings for retail sale or in plates, horseshoe shapes, sticks or similar forms;
other preparations for use in dentistry, with a basis of plaster
ex Chapter 35 Albuminoidal substances; modified starches; glues; enzymes, except those
products of heading 3501 and subheadings 3505 10 10, 3505 10 90 and 3505 201986R1010 — EN — 10.09.2000 — 003.001 — 7
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CN code Description of goods
ex Chapter 38 Miscellaneous chemical products except those of subheadings 380910,
3809 91 00, 3809 92 00, 3809 93 00 and ex 3824 60
ex Chapter 39 Plastics and articles thereof:
3901 to 3914 — primary forms
ex 6809 Articles of plaster or of compositions based on plaster (boards, sheets, panels,
tiles and similar articles)1986R1010 — EN — 10.09.2000 — 003.001 — 8