Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry
Date: 2001-06-27
Institutions: European Commission
Subjects: chemical industry, production refund, sugar product, syrup

30.6.2001

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COMMISSION REGULATION (EC) No 1265/2001

of 27 June 2001

laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards
granting the production refund on certain sugar products used in the chemical industry

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

tion and that any duplicate payment of the production
refund is avoided.

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19
June on the common organisation of the markets in the sugar
sector (1), and in particular Article 7(5) thereof,

Whereas:

(1)

Under Article 7(3) of Regulation (EC) No 1260/2001 it
has been decided to grant production refunds on sugar,
unprocessed isoglucose and sugar syrups covered by that
Regulation and also chemically pure fructose (laevulose)
falling within CN code 1702 50 00 as an intermediate
product used in the manufacture of certain products of
the chemical

industry.

(2)

Arrangements similar to those for white sugar used by
the chemical industry should be laid down for unpro-
cessed isoglucose.

(3) Where clearly defined intermediate products are, on the
one hand, obtained in the Community directly from a
basic product excluding any product covered by another
production refund scheme and are, on the other hand,
used for the manufacture of a chemical listed in Annex I
to this Regulation, provision should be made for the
possibility of granting a production refund on those
intermediate products. That possibility must apply even
where the intermediate products are used in a Member
State other than that in which they were manufactured.
To that end, it should be laid down, on the one hand,
that the production refund is to be granted for the basic
product having served for
the
quantity of intermediate product used as indicated above
and, on the other, that the refund is to be determined
using the same yield coefficients as those established for
calculating the export refunds on the same intermediate
products.

the manufacture of

(4)

Application of the production refund arrangements to
intermediate products requires that those products be
defined and that an appropriate verification system be
implemented. Such verification, by way of prior
approval should cover both the stage of the manufacture
of the intermediate product and that of processing into
the final chemical product,
the basic
product as defined is actually used for the manufacture
of a chemical product listed in Annex I to this Regula-

to ensure that

(5)

(6)

Sugar can be used as a basic product by the chemical
industry in the same way as starch products. A harmon-
ious development should therefore be assured for the
use of
these basic products. To that end provision
should be made for the application of a production
refund system that takes account of both the price for
sugar on the Community market and the movement of
world sugar prices.

to

the

The arrangements applicable to sugar products used for
the manufacture of chemical products are designed to
promote, on the one hand, the development of the use
of sugar products by the chemical industry and, on the
other, the development of biotechnology on the basis of
those basic products, by aligning prices on the world
market price for sugar. With that in view, the system
provides for the progressive application of the principle
of establishing production refunds by reference to the
world price and the Community price for sugar, with a
standard amount of EUR 6,45 per 100 kilograms to be
added to the world price. The standard amount corre-
sponds
exporting
Community sugar, including a flat-rate element intended
in particular to avoid the sale of sugar at a price lower
than the world market price which, by nature, is very
volatile. The experience gained from the operation of the
said arrangements shows the need for, on the one hand,
placing the Community chemical
industry that uses
sugar products under conditions comparable to those
valid for the chemical industry that obtains its supplies
from the world sugar market and, on the other hand,
opening up the non-food outlets even further to the
Community industry producing sugar products. To that
end the arrangements should be maintained, applying in
full the exclusive reference to the world and Community
markets for sugar.

forwarding

costs

for

(7)

Raw sugar and syrups with a high degree of purity,
calculated in accordance with Article 1(5) of Commis-
sion Regulation (EEC) No 1443/82 of 8 June 1982
laying down detailed rules for the application of the
quota system in the sugar sector (2), as last amended by
Regulation (EC) No 392/94 (3), should also qualify for
the production refunds if used in the chemical industry.

(1) See page 1 of this Official Journal.

(2) OJ L 158, 9.6.1982, p. 17.
(3) OJ L 53, 24.2.1994, p. 7.

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The production refund on those basic products should
therefore be that for white sugar, adjusted by reference
to yield or sucrose content as appropriate. As far as
isoglucose is concerned, production refunds should be
granted subject to the same conditions as the export
refunds on that product.

Provision should be made for the production refund to
be fixed monthly with, in particular, reference periods to
be defined and recordings to be made to determine the
price of sugar on the world market. Given the monthly
fixing of refunds, reference periods of about one month
should be established for that purpose.

As the disposal of sugar surpluses on the markets of
non-member countries takes place almost entirely by
means of tendering procedure, the basis for defining the
price of sugar on the world market to be used for fixing
the production refund should be the weighted average of
export refunds fixed by means of the said tendering
procedure during the reference period in question.

To prevent abuses, provision should be made for the
production refund to be granted only if other uses are
excluded by means of controls. If such controls are to be
possible, the production refund should be paid only to
the processor and on application by the processor. The
said controls may, in certain cases, be rendered more
effective if they are accompanied by an approval proce-
dure. The Member State on whose territory processing
takes place should therefore be free to decide whether or
not processors must obtain such approval.

(8)

(9)

(10)

(11)

The production refund cannot be granted unless precise
information is available. Persons who may qualify for
the refund should therefore have to submit a prior
application in writing giving certain information.

(12)

Since the basic products in the sugar sector are perfectly
interchangeable with basic products in the cereals and
rice sector, an unwarranted difference in treatment
should be avoided. To that end similar provisions to
those contained in Commission Regulation (EEC) No
1722/93 of 30 June 1993 laying down detailed rules for
the application of Council Regulations (EEC) No 1766/
82 and (EEC) No 1418/76 concerning production
refunds in the cereals and rice sectors respectively (1), as
last amended by Regulation (EC) No 87/1999 (2), for the
release of the security should be laid down for sugar.
Those provisions allow the security to be released in
proportion to the quantities for which processing of the

(1) OJ L 159, 1.7.1993, p. 112.
(2) OJ L 9, 15.1.1999, p. 8.

(13)

(14)

(15)

(16)

basic product has taken place during the period of
validity of the production refund certificate.

For the purposes of proof and control, a refund certifi-
cate must be introduced which is valid for a period
which is long enough to allow the trade to make long-
term arrangements and gives the information necessary
to fix the production refund. In order to ensure that the
sugar concerned is used for the purpose for which the
refund certificate was issued, it should be provided that
only the applicant may claim on the certificate and only
the basic production in question has been
after
processed.

Since, on the one hand, final payment of the production
refund may be made only after processing has taken
place and, on the other, the trade has an interest in
being paid as soon as possible, provision should be
made for such payment
to be effected shortly after
processing.

The duration of validity of production refund certificates
is such that it may cover up to six months of fixing
production refunds and such certificates must indicate
the production refunds valid on the day of receipt of the
application. There may therefore be a change in the
intervention price for sugar fixed for the non-deficit
areas between the date of receipt of the application for a
refund certificate and the date of processing of the basic
product in question. Given that the production refund is
established on the basis of the Community sugar price
and world price movements, a rule for adjusting the said
refund should therefore be laid down to take account of
any change in the intervention price fixed in euro for
sugar between the date of receipt of the application and
the date of processing of the basic product in question.

In order to make it possible to check that the basic
products are put to the intended use, a competent body
having access to all necessary information must be set
up in each Member State. In order to counteract the
effects of delays in payment of the refund, provision
should be made for an advance to be paid to the holder
of a certificate as soon as the basic products have been
placed under control and, in return, the holder should
be required to provide a security as guarantee to the
Member State concerned should processing of the basic
product not be carried out in accordance with the condi-
tions laid down in the refund certificate. However, the
Member State concerned should be free to decide on
appropriate measures to deal with cases of force majeure
which prevent certificate holders from fulfilling their
obligations.

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(17)

Experience gained since the new production refund
arrangements were implemented on 1 July 1986, and
more particularly since they were amended on 1 July
1990, shows the need to ensure that the arrangements
are applied more effectively, particularly at the stage of
application for the production refund. To that end the
margin within which the interested party is considered
to have satisfied the primary requirement of processing
the basic or intermediate product should be widened to
take account of the technical constraints of processing,
in particular in the case of fermentation processes where
the yield is very variable depending on the reactions of
micro-organisms. A maximum tolerance should also be
laid down for cases where, when the process has gone
wrong and the processor is obliged to use more basic
product than originally expected, he may do so without
having to draw up a whole special file in order to qualify
for the production refund for the additional quantity
thus processed.

(18)

The rules of application laid down by this Regulation
replace those of Commission Regulation (EEC) No 1729/
78 of 24 July 1978 laying down detailed rules of
application in respect of the production refund for sugar
industry (1), as last amended by
used in the chemical
Regulation (EC) No 1148/98 (2), which should therefore
be repealed.

(19)

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

For the purposes of

1.
means:

this Regulation ‘basic products’

Chemically pure fructose (laevulose) falling within CN
3.
code 1702 50 00 shall, as an intermediate product, be consid-
ered as one of the basic products if, on the one hand, it is
obtained in the Community directly from the said basic prod-
ucts, with the exception of any product covered by another
production refund system, and, on the other hand, it is used for
processing into one of the chemical products listed in Annex I.

Article 2

1.
The production refund shall be granted by the Member
State in whose territory processing of the basic products takes
place.

2.
The Member State may grant the refund only if customs
control, or administrative inspection affording equivalent guar-
antees, 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 proces-
sors who guarantee that the control provided for in Article 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.

Article 4

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 EUR 6,45 per
100 kilograms of white sugar, and the price of Community
sugar.

(a) products referred to in Article 1(1)(a)and (f) of Regulation

(EC) No 1260/2001 and

The following definitions shall apply:

(b) sugar syrups referred to in Article 1(1)(d) of Regulation (EC)
No
codes
ex 1702 60 95 and ex 1702 90 99 having a purity of at
least 85 %,

falling within

1260/2001

and

CN

(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, referred
to in Article 9(2), after deduction of a standard amount of
EUR 6,45 per 100 kilograms;

which are used in the manufacture of the products of the
chemical

industry listed in Annex I.

(b) price of Community sugar: the intervention price for white

sugar.

2.
Intermediate products listed in Annex II which, on the
one hand, are obtained in the Community directly from the
abovementioned basic products, with the exception of any
product covered by another production refund system, and
which, on the other hand, are used for the manufacture of
chemical products listed in Annex I shall be treated in the same
way as those basic products.

(1) OJ L 201, 25.7.1978, p. 26.
(2) OJ L 159, 3.6.1998, p. 38.

Article 5

The amount of the production refund granted per 100 kilo-
grams of raw sugar shall be equal to one hundredth of the
amount applicable on the use of white sugar, multiplied by the
yield of the raw sugar used, which yield shall be determined in
accordance with Point II of Annex I to Regulation (EC) No
1260/2001.

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Article 6

which the refund is fixed and the world market price for sugar
determined for the reference period in question.

The amount of the production refund granted per 100 kilo-
grams of sucrose syrups 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 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 at least 85 % but less than 98 %.

Article 7

The amount of the production refund granted per 100 kilo-
grams of dry matter of the basic product referred to in Article
1(1)(f) of Regulation (EC) No 1260/2001 shall be equal to the
amount of the production refund applicable on the use of
white sugar.

The production refund shall be granted only if the product:

(a) has been obtained by isomerisation of glucose;

(b) has a content by weight in the dry state of at least 41 %

fructose; and

(c) the total content by weight in the dry state of polysacchar-
ides and oligosaccharides, including the di- or trisaccharides
content, does not exceed 8,5 %.

Article 8

The amount of the production refund granted per 100 kilo-
grams of laevulose used, expressed as dry matter, shall be equal
to the production refund applicable for 100 kilograms of white
sugar on the day on which the application for a production
refund is received.

Article 9

1.
The production refund on white sugar shall be fixed
monthly for periods commencing on the first of each month.

For the purposes of

2.
fixing the production refund as
provided for in paragraph 1, the reference period for recording
export refunds on white sugar as the basis for determining the
world market price for sugar as referred to in Article 4(2)(a)
shall be the period commencing on the 16th day of the month
before the month preceding each of the dates referred to in
paragraph 1 and ending on the 15th day of the month imme-
diately preceding the date in question.

3.
As regards the world market price for sugar, the average
referred to in Article 4(a) shall be the weighted average of the
export refunds for white sugar fixed by tendering procedure
during the reference period in question as defined in paragraph
2.

4.
The amount of the production refund applicable per 100
kilograms of white sugar during each of the months referred to
in paragraph 1 shall be equal to the difference between the
price for Community sugar applicable during the month for

5.
If the Community and world market prices for sugar
change significantly during the period defined in paragraph 1,
the refund calculated in accordance with paragraphs 2, 3 and 4
may be adjusted to take account of such changes.

Article 10

1.
Application for a production refund shall be made in
writing to the competent authority of the Member State where
the basic product is to be processed.

The application shall state:

(a) the name/style and address of the processor;

(b) the nature and quantity of

to be
processed, expressed in terms of white sugar or, in the case
of isoglucose,

in terms of dry weight;

the basic product

(c) the tariff heading and description of the chemical product
for the manufacture of which the basic product is to be
used;

(d) the place of processing.

2. When the application for a production refund certificate
made by the processor concerns an intermediate product:

(a) it must specify,

in addition to the information required

under paragraph 1:

— the nature and the quantity of the basic product which
went into the manufacture of the intermediate product,

— the name or the corporate name and the address of the

manufacturer of the intermediate product,

— the place of manufacture of the intermediate product,

and

(b) it must be accompanied, without prejudice to the second

subparagraph of paragraph 3:

— by an original document, issued to the manufacturer of
request, by the
the intermediate product, at his
competent authority of the Member State on whose
territory the manufacture of the intermediate product
took place, certifying that the intermediate product has
been manufactured directly and exclusively from a basic
product, or

— by a declaration by the processor in which he under-
takes to provide the document referred to in the first
indent before the expiry of the period of validity of the
refund certificate applied for.

The document referred to under (b) of the first subparagraph
must show at least:

(a) the nature and the quantity of the basic product which
went into the manufacture of the intermediate product in
question;

(b) the nature and the quantity of the intermediate product in

question;

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(c) the name or the corporate name and the address of the

manufacturer of the intermediate product;

(d) the place of manufacture of the intermediate product.

(b) in other cases, that the quantity of basic product specified
in the application has been processed into a chemical
product listed in Annex I within the period of validity of
the refund certificate in question.

For the issue of the document referred to under (b) of the first
subparagraph, the Member State may provide for conditions
supplementary to those referred to under the second subpara-
graph of paragraph 1.

3.

For the purposes of the application of paragraph 2:

(a) the issue of the document referred to under point (b) of the
first subparagraph of paragraph 2 shall be made condi-
tional on the granting of prior approval to the manufac-
turer of the intermediate product by the Member State on
whose territory that product is to be manufactured;

(b) entitlement to the production refund shall be made condi-
tional on the granting of prior approval to the processor by
the Member State on whose territory the said processor is
to process
into a chemical
product referred to in Annex I.

the intermediate product

The approvals referred to in the second subparagraph shall be
granted by the Member State in question if the applicant gives
the latter every opportunity to conduct the necessary verifica-
tions.

4. Member States may require additional

information.

Article 11

for
However, with regard to the primary requirement
processing, if the person concerned has, within the period of
validity of the refund certificate, processed at least 90 % of the
quantity of the basic product or of the quantity of the inter-
indicated in the application, he shall be
mediate product
deemed to have complied with the primary requirement indi-
cated under (a) or (b) of the first subparagraph.

4.
The application of paragraphs 1 and 2 as regards the
release of the security shall be subject to the provisions relating
to force majeure and to Title V of Regulation (EEC) No 2220/85.

Article 12

1. Member States shall issue refund certificates on applica-
tion.

2. Member States shall use national forms for refund certi-
ficates, which, without prejudice to the provisions of other
Regulations, Directives or Decisions adopted by Community
institutions, shall contain at least the information specified in
paragraph 3.

When a certificate referred to in paragraph 1 concerns an
intermediate product, it must indicate, in addition to the infor-
mation required under paragraph 3(a), (b), (d), (e), and (f), the
details contained in the application for the certificate referred
to in Article 10(2).

1.
Applications for refund certificates shall be accompanied
by a security on which the issue of the refund certificate
referred to in Article 12 shall be conditional.

3.

The refund certificate shall

indicate:

(a) the holder's name and address;

2.
The amount of the security shall be EUR 3,78 per 100
kilograms of sugar expressed as white sugar, or, in the case of
isoglucose, per 100 kilograms of dry weight.

When an intermediate product is concerned, the security per
100 kilograms of product shall be equal to the amount referred
to in the first subparagraph multiplied by the coefficient speci-
fied in Annex II for the intermediate product in question, the
coefficient being adjusted, as the case may be, according to the
dry matter content by the application, mutatis mutandis, of the
formula corresponding to the coefficient provided for in Annex
II.

3.
The primary requirement within the meaning of Article
20 of Commission Regulation (EEC) No 2220/85 (1) to be
satisfied for the security referred to in paragraph 2 to be
released shall be:

(a) in the case of an intermediate product, that the document
referred to under point (b) of the first subparagraph of
Article 10(2) has been submitted by the processor and that
the quantity of intermediate product stated in the applica-
tion has been processed into a chemical product listed in
Annex I within the period of validity of the refund certifi-
cate in question, or

(1) OJ L 205, 3.8.1985, p. 5.

(b) the date of receipt of the application;

(c) the nature and the quantity of the basic product to be
processed, expressed in terms of white sugar or, in the case
of isoglucose,

in terms of dry weight;

(d) the use to which the basic product is to be put;

(e) the production refund for white sugar applicable on the

date of receipt of the application;

(f) the last day of validity of the certificate;

(g) the place of processing.

Article 13

For the purposes of the second subparagraph of Article 10(1)
and Article 12(3):

(a) the following shall be regarded as one and the same basic

product:
(i) white sugar falling within CN code 1701 99 10; sugar
containing added flavouring or colouring matter falling
within CN code 1701 91 00; sugar containing other
added substances falling within CN code 1701 99 90
and sucrose syrups having a purity of 85 % or more
falling within CN codes 1702 60 95 and 1702 90 99;

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(ii) raw sugar
1701 12;

falling within CN codes 1701 11 and

(iii) isoglucose falling within CN codes ex 1702 40 10,

1702 60 10 and 1702 90 30;

(iv) intermediate products referred to in Article 2;

(b) the indication of the use of the basic product may, on
application and with the agreement of
the competent
authorities of the Member State concerned, consist merely
of
the Combined Nomenclature within
which the chemical product or products to be manufac-
tured fall.

the chapter of

Article 14

The issue of a refund certificate shall give entitlement to
1.
payment of the production refund indicated in the certificate:

(a) in the case of an intermediate product, when the document
referred to under point (b) of the first subparagraph of
Article 10(2) is submitted within the prescribed period and
after
the intermediate product has been processed in
accordance with the conditions laid down in the refund
certificate;

(b) in other cases, after the basic product has been processed in
accordance with the conditions laid down in the refund
certificate.

Where the quantity of basic or intermediate product processed
exceeds the quantity indicated in the refund certificate, the
additional quantity shall be regarded, subject to a limit of 5 %,
as having been processed under the certificate with entitlement
to payment of the production refund indicated therein.

2.

Rights under the certificate shall not be transferable.

Article 15

The refund certificate shall be valid from the date of receipt of
the application to the end of the fifth month following the
month in which the production refund application was
received.

Article 16

If, during the period between the date of receipt of the
1.
production refund application and the date of processing of the
basic product there is a change in the intervention price for
white sugar fixed in euro for the non-deficit areas, the produc-
tion refund in question shall be adjusted for the quantities of
basic product processed from the time of such change.

certificate at the time of issue ‘to be adjusted in accordance
with Commission Regulation (EC) No 1260/2001 for
processing operations carried out from the date of application
of the new intervention price in question’.

The adjustment shall be made when the production refund in
question is paid.

3. Where the basic product is a white sugar, the adjustment
referred to in paragraph 1 shall be obtained by increasing or
decreasing the production refund, as appropriate, by the differ-
ence, expressed in euro per 100 kilograms of sugar, between
the intervention price for white sugar for the non-deficit areas
applicable on the date of receipt of the certificate application
and the corresponding price applicable on the date of
processing of the basic product in question.

4. Where the basic product
is a raw sugar of standard
quality, the adjustment referred to in paragraph 1 shall be
obtained by increasing or decreasing the production refund, as
appropriate, by the difference, expressed in euro per 100 kilo-
grams of sugar, between the intervention price for raw sugar
applicable on the date of receipt of the certificate application
and the corresponding price applicable on the date of
processing of the basic product in question.

5.
If the yield of the raw sugar differs from that of the
definition of standard quality referred to in point II of Annex I
to Regulation (EC) No 1260/2001, the amount of the refund,
adjusted in accordance with paragraph 4, shall be adapted for
the payment by applying Article 5(1) of Commission Regula-
tion (EC) No 1423/95 (1).

6. Where the basic product is a sucrose syrup, the adjust-
ment shall be established in accordance with paragraph 4 and
with Article 6.

7. Where the basic product is an isoglucose, the adjustment
shall be established in accordance with paragraph 4 and shall
apply per 100 kilograms of dry matter of the product in
question.

Article 17

1. Member States shall designate the authorities responsible
for control of the processing of basic products.

The holder of a refund certificate shall give the authorities
2.
referred to in paragraph 1 the following information in writing
in sufficient time to enable them to effect the control:

(a) his name and address;

(b) the nature and quantity of

the basic products to be

processed;

(c) the place where the basic products in question are located

when the information is furnished.

2.
For the purposes of application of the adjustment referred
to in paragraph 1, the competent authority of the Member
State issuing the refund certificate in question shall add to the

Member States may require additional

information.

(1) OJ L 141, 24.6.1995, p. 16.

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Article 18

When the basic products have been placed under control,
Member States may make an advance payment to the refund
certificate holder amounting to not more than 80 % of the
production refund indicated on the certificate.

Article 19

1.
If an advance is paid, Member States shall require a
security or recognised equivalent guarantee calculated to ensure
repayment of the advance plus 5 %.

2.
The security shall be released once processing has taken
place in accordance with the conditions laid down in the
refund certificate or when the advance plus 5 % has been
repaid.

3. Without prejudice to paragraph 4, the repayment referred
to in paragraph 1 shall be in proportion to the quantities of
basic products which have not been processed under the condi-
tions laid down in the refund certificate.

If the advance is not repaid, the security shall be forfeited in
proportion to the amount of the advance to be recovered.

If processing cannot be carried out under the conditions
4.
laid down in the refund certificate owing to circumstances to
be regarded as constituting force majeure, and if an application is
made to have such circumstances taken into consideration, the
Member State concerned shall
it
circumstances
considers necessary having regard to the
invoked.

take such measures as

Article 20

advance has been paid, the difference between the amount
advanced and the amount of the production refund shall be
paid:

(a) at the earliest, after it has been established that the basic
products have been processed under the conditions laid
down in the refund certificate;

(b) at the latest, at the end of the month following the month
in which it was established that processing was completed.

Article 21

The production refund shall be paid for the quantity of basic or
intermediate product processed within the limit referred to in
the second subparagraph of Article 14(1).

intermediate product used shall be equal

The amount of the production refund granted per 100 kilo-
grams of
to the
production refund applicable per 100 kilograms of white sugar
on the day on which the application was received multiplied by
the coefficient fixed in Annex II for the intermediate product in
question,
the coefficient being adjusted where appropriate
according to the dry matter content by the application of the
formula corresponding to the coefficient provided for in Annex
II.

Article 22

Regulation (EEC) No 1729/78 shall be repealed.

However, Regulation (EEC) No 1729/78 shall remain applicable
to processing operations in respect of which production refund
applications have been submitted prior to the date of applica-
tion of this Regulation.

the party concerned has

informed the competent
After
authority of the chemical product in the manufacture of which
the sugar has been used, the production refund or, where an

This Regulation shall enter into force on 1 July 2001.

Article 23

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 June 2001.

For the Commission

Franz FISCHLER

Member of the Commission

L 178/70

EN

Official Journal of the European Communities

30.6.2001

ANNEX I

CN code

Description

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

– – – Of locust beans or locust bean seeds

1302 32 90

– – – Of guar 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 chemical products excluding subheadings 2905 43 00 and 2905 44

Chapter 30

Pharmaceutical products

3203 00 90

Colouring matter of vegetable or animal origin and preparations thereof

ex 3204

– Synthetic organic colouring matter and preparations based thereon as specified in note 3 to this

chapter

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 deodorisers, whether or not perfumed or having disinfectant properties:

– Preparations for perfuming or deodorising rooms, including odoriferous preparations used during

religious rites:

3307 49 00

– – Other

3307 90 00

– Other

ex 3401

Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded
pieces or shapes, and paper, wadding, felt and non-wovens, impregnated, coated or covered with
soap or detergent:

3401 19 00

– Other

3402

3403

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

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

30.6.2001

EN

Official Journal of the European Communities

L 178/71

CN code

3407 00 00

Description

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,
horsehoe shapes, sticks or similar forms; other preparations for use in dentistry, with a basis of
plaster

ex Chapter 35

ex Chapter 38

Albuminoidal substances; modified starches; adhesives; enzymes, excluding products falling within
heading 3501 and subheadings 3505 10 10, 3505 10 90 and 3505 20

Miscellaneous chemical products excluding those falling within subheadings 3809 10, 3809 91 00,
3809 92 00, 3809 93 00 and ex 3824 60

ex Chapter 39

Plastics and articles thereof

3901
to
3914

ex 6809

– Primary forms

Articles of plaster or of compositions based on plaster (boards, sheets, panels, tiles and similar
articles)

L 178/72

EN

Official Journal of the European Communities

30.6.2001

CN code

1

ANNEX II

Description

2

ex 1702 90 71

Caramels containing 50 % or more by weight of sucrose in the dry matter

ex 1702 90 99

Invert sugar

2905

Acyclic alcohols and their halogenated,
derivatives:

sulphonated, nitrated or nitrosated

2905 43 00
2905 44

– Other polyhydric alcohols:
– – Mannitol
– – D-glucitol (sorbitol):
– – – In aqueous solution:

2905 44 11

– – – – Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol

content

2905 44 19

– – – – Other

– – – Other:

2905 44 91

– – – – Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol

content

2905 44 99

– – – – Other

3824 60

– Sorbitol other than that of subheading 2905 44

– – In aqueous solution:

3824 60 11

– – – Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol

content

3824 60 19

– – – Other

– – Other:

3824 60 91

– – – Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol

content

3824 60 99

– – – Other

Coefficients

3

1,00 (1)

1,00 (1)

1,06

0,74 (2)

0,74 (2)

1,06

1,06

0,74 (2)

0,74 (2)

1,06

1,06

(1) The production refunds determined according to this coefficient shall be understood to be calculated for an invert sugar or, as

appropriate, for a caramel having respectively a dry matter content by weight of 100 %.
For invert sugars or caramels respectively with a different dry matter content, the refunds shall be calculated per 100 kilograms of
intermediate product by applying the following formula:

(a) × 1,00 × (b)

(2) The production refunds determined according to this coefficient shall be understood to be calculated for an aqueous solution of
D-glucitol (sorbitol) with a dry matter content by weight of 70 %. For aqueous solutions of D-glucitol (sorbitol) with a different dry
matter content, the refunds shall be calculated per 100 kilograms of intermediate product by applying the following formula:

where
(a) = white sugar production refund in question;
(b) = dry matter content of the product,

in % by weight.

(a) × 0,74(b)/0,70