1991R0464 — EN — 11.01.1992 — 001.001 — 1
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►B COMMISSION REGULATION (EEC) No 464/91
of 27 February 1991
amendingCommissionRegulation(EEC)No1729/78,theAnnextoCouncilRegulation(EEC)No
1010/86andAnnexItoRegulation(EEC)No1785/81inrespectoftheproductionrefundforsugar
used in the chemical industry
(OJ L 54, 28.2.1991, p. 22)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 61/92 of 10 January 1992 L 6 19 11.1.1992
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▼B
COMMISSION REGULATION (EEC) No 464/91
of 27 February 1991
amendingCommissionRegulation(EEC)No1729/78,theAnnexto
Council Regulation (EEC) No 1010/86 and Annex I to Regulation(EEC) No 1785/81 in respect of the production refund for sugar
used in the chemical industry
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe 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 305/91 (2), and in particular
Articles 9 (6) and 19 (7) thereof,
Having regard to Council Regulation (EEC) No 1010/86 of 25 March
1986 layingdown g eneral rules for the production refund on certainsugar products used in the chemical industry (
3), as last amended by
Regulation (EEC) No 1771/90 (4), and in particular Article 8 thereof,
Whereas experience acquired since the implementation of the new
system of production refunds as from 1 July 1986 and more particularlysince its modification as from 1 July 1990 shows that it is necessary forsome of its technical and administrative rules to be altered so that it canbe applied more efficiently, particularly at the stage of the applicationfor the production refund; whereas, to this end, the minimum toleranceused for consideringthat the person concerned has fulfilled his principalobligation of processing the basic product or the intermediate productshould also be raised in order to take into account the technicalconstraints of processing, particularly in the case of the fermentationprocesses where the yield varies enormously dependingon the reactionsof micro-organisms; whereas it is also desirable for a maximum toler-ance to be introduced to cover cases in which a processingoperation isunsuccessful and the processor is forced to use a larger quantity of thebasic product than was initially considered necessary without himhaving, as a result, within this limit, to start a separate file in order forthe additional quantity processed in this way to qualify under thesystem;
Whereas Commission Regulation (EEC) No 1729/78 (
5), as last
amended by Regulation (EEC) No 2029/90 (6), should be amended
accordingly;
Whereas the regular review of the Annex to Regulation (EEC) No
1010/86 shows that it should be supplemented by a number of chemicalproducts in the manufacture of which basic sugar-sector products areused; whereas these same products should therefore be inserted inAnnex I to Regulation (EEC) No 1785/81 relating to export refunds inorder to bringit into line with the aforementioned Annex;
Whereas the product known as ‘crispbread', containingadded sug ar,
listed in the former Brussels Nomenclature, was included in theCommon Customs Tariff; whereas it fell within subheading19.08 B andwas listed in Annex I to Regulation (EEC) No 1785/81; whereas,however, when the old Common Customs Tariff was transposed into thenew ‘combined nomenclature' (CN) applicable from 1 January 1988,this product failed to be included in the Annex in question; whereas theformer situation should therefore be restored by insertingthe product inAnnex I to Regulation (EEC) No 1785/81;
(1) OJ No L 177, 1. 7. 1981, p. 4.
(2) OJ No L 37, 9. 2. 1991, p. 1.
(3) OJ No L 94, 9. 4. 1986, p. 9.
(4) OJ No L 163, 29. 6. 1990, p. 1.
(5) OJ No L 201, 25. 7. 1978, p. 26.
(6) OJ No L 186, 18. 7. 1990, p. 5.
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Whereas, in order that uniform treatment and management be main-tained throughout the marketing year, the abovementioned measuresshould be applied as from 1 July 1991, the beginning of the nextmarketingyear;
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
Regulation (EEC) No 1729/78 is hereby amended as follows:
1. The followingsecond subparag raph is added to Articles 2 (2) and 3
(3):
‘For the purposes of the first subparagraph:
(a) shall be considered as one and the same basic product:
(i) white sugar falling within CN code 1701 99 10; sugar
containingadded flavouringor colouringmatter fallingwithin CN code 1701 91 00; sugar containing other addedsubstances fallingwithin CN code 1701 99 90 and sucrosesyrups havinga purity of at least 85 % fallingwithin CNcodes 1702 60 90 and 1702 90 90;
(ii) raw sugar falling within CN codes 1701 11 and 1701 12;
(iii) isoglucose falling within CN codes ex 1702 40 10,
1702 60 10 and 1702 90 30;
(iv) the intermediate products referred to in Article 1a of this
Regulation and in the first subparagraph of Article 1 (1a) ofRegulation (EEC) No 1010/86;
(b) the entry concerningthe use to which the basic product is to be
put may, on request and with the agreement of the competentauthorities of the Member State in question, relate only to theCN chapter under which the chemical product(s) to be manufac-tured fall.'
2. In the second subparagraph of Article 2 (6), the percentage ‘95 %'is
replaced by ‘90 %'.
3. The followingsecond subparag raph is added to Article 4 (1):
‘Where the quantity of basic product or of processed intermediate
product exceeds the quantity indicated in the refund certificate, thatadditional quantity shall be considered, within a limit of 5 %, asprocessed for the purposes of the certificate with entitlement topayment of the production refund indicated in it.'
4. The first paragraph of Article 10 is replaced by the following:
‘The production refund shall be paid in respect of the quantity of
basic product or intermediate product processed within the limitreferred to in the second subparagraph of Article 4 (1).'
Article 2
The chemical products listed in Annex I to this Regulation are hereby
inserted in the Annex to Regulation (EEC) No 1010/86.
Article 3
The products listed in Annex II to this Regulation are hereby inserted in
Annex I to Regulation (EEC) No 1785/81.
Article 4
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
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It shall apply from 1 July 1991.
▼M1
However, on application by the party concerned, Article 3 of thisRegulation shall be applicable to applications made before 1 July 1991in respect of export refunds relatingto sug ar exported in the form ofcrispbread covered by CN code 1905 10 00, for which the file was stillopen on that date.
▼
B
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX I
Supplement to the Annex to Regulation (EEC) No 1010/86
CN code Description
ex 3203 00 Colouring matter of vegetable or animal origin and prepara-
tions based thereon
ex 3204 Synthetic organic colouring matter and preparations based
thereon
ex 6809 Articles of plaster or of compositions based on plaster(boards, sheets, panels, tiles and similar articles)
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ANNEX II
Supplement to Annex I to Regulation (EEC) No 1785/81
CN code Description
1905 10 00 Crispbread
ex 3202 00 Colouring matter of vegetable or animal origin and prepara-
tions based thereon
ex 3204 Synthetic organic colouring matter
ex 6809 Articles of plaster or of compositions based on plaster(boards, sheets, panels, tiles and similar articles)