Commission Regulation (EC) No 161/2004 of 29 January 2004 fixing the production refund on white sugar used in the chemical industry
Date: 2004-01-29
Institutions: European Commission
Subjects: chemical industry, production refund, white sugar

30.1.2004

EN

Official Journal of the European Union

L 27/27

COMMISSION REGULATION (EC) No 161/2004

of 29 January 2004

fixing the production refund on white sugar used in the chemical industry

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19
June 2001 on the common organisation of the markets in the
sugar sector (1), as last amended by Commission Regulation
(EC) No 39/2004 (2), and in particular Article 7(5) thereof,

(4)

Whereas:

(1)

(2)

Pursuant to Article 7(3) of Regulation (EC) No 1260/
2001, production refunds may be granted on the
products listed in Article 1(1)(a) and (f) of that Regu-
lation, on syrups listed in Article 1(1)(d) thereof and on
chemically
by CN code
1702 50 00 as an intermediate product, that are in one
of the situations referred to in Article 23(2) of the Treaty
and are used in the manufacture of certain products of
the chemical industry.

fructose

covered

pure

Commission Regulation (EC) No 1265/2001 of 27 June
2001 laying down detailed rules for the application of
regards
Council Regulation (EC) No 1260/2001 as
granting the production refund on certain sugar
products used in the chemical industry (3) lays down the
rules for determining the production refunds and speci-
fies the chemical products the basic products used in the
manufacture of which attract a production refund. Arti-
cles 5, 6 and 7 of Regulation (EC) No 1265/2001
provide that
the production refund applying to raw
sugar, sucrose syrups and unprocessed isoglucose is to
be derived from the refund fixed for white sugar in
accordance with a method of calculation specific to each
basic product.

each month.
It may be adjusted in the intervening
period where there is a significant change in the prices
for sugar on the Community and/or world markets. The
application of those provisions results in the production
refund fixed in Article 1 of
this Regulation for the
period shown.

As a result of the amendment to the definition of white
sugar and raw sugar in Article 1(2)(a) and (b) of Regu-
lation (EC) No 1260/2001, flavoured or coloured sugars
or sugars containing any other added substances are no
longer deemed to meet those definitions and should thus
in accordance
be regarded as ‘other sugar’. However,
with Article 1 of Regulation (EC) No 1265/2001, they
attract
the production refund as basic products. A
method should accordingly be laid down for calculating
the production refund on these products by reference to
their sucrose content.

(5)

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

The production refund on white sugar referred to in Article 4
to
of Regulation (EC) No 1265/2001 shall be
46,618 EUR/100 kg net.

equal

(3)

Article 9 of Regulation (EC) No 1265/2001 provides
that the production refund on white sugar is to be fixed
at monthly intervals commencing on the first day of

Article 2

This Regulation shall enter into force on 1 February 2004.

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

Done at Brussels, 29 January 2004.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 178, 30.6.2001, p. 1.
(2) OJ L 6, 10.1.2004, p. 16.
(3) OJ L 178, 30.6.2001, p. 63.