CELEX: 31993R1704
Language: en
Date: 1993-07-01 00:00:00
Title: Commission Regulation (EEC) No 1704/93 of 30 June 1993 fixing the rates of the refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex II to the Treaty

No L 159 /66                           Official Journal of the European Communities                                  1 . 7. 93
                                     COMMISSION REGULATION (EEC) No 1704/93
                                                       of 30 June 1993
                     fixing the rates of the refunds applicable to certain products from the sugar
                     sector exported in the form of goods not covered by Annex II to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas Article 4(3) of Regulation (EEC) No 3035/80
                                                                  provides that, when the rate of the refund is being fixed,
                                                                  account should be taken, where appropriate, of refunds,
Having regard to the Treaty establishing the European             aids or other measures having equivalent effect, applicable
Economic Community,                                               in all Member States in accordance with the Regulation
                                                                  on the common organization of the market in the
                                                                  product in question, to the basic products listed in Annex
Having regard to Council Regulation (EEC) No 1785/                A to that Regulation or to assimilated products ;
81 of 30 June 1981 on the common organization of the
market in sugar ('), as last amended by Regulation (EEC)
No 1548/93 (2), and in particular Article 19 (4) (a) and (7)
thereof,
                                                                  Whereas Council Regulation (EEC) No 1010/86 of 26
Whereas Article 19 ( 1 ) and (2) of Regulation (EEC) No           March 1986 laying down general rules for production
1785/81 provides that, for the products listed in Article 1       refunds on certain products of the chemical industry (*), as
( l)(a), (c), (d), (f) and (g) of that Regulation, an export      last amended by Regulation (EEC) 464/91 (6), provides for
refund may be granted when these goods are exported in            the granting of production refunds of white sugar, raw
the form of goods listed in Annex I to that same Regula­          sugar, certain sucrose syrups falling within CN codes ex
tion ; whereas Council Regulation (EEC) No 3035/80 of             1702 60 90 and ex 1702 90 90 having a certain purity, and
1 1 November 1980 laying down general rules for granting          unprocessed isoglucose falling within CN codes
export refunds for certain agricultural products exported         1702 30 10,    1702 40 10,    1702 60 10 and    1702 90 30,
in the form of goods not covered by Annex II to the               which are used in the manufacture of the chemical
Treaty, and the criteria for fixing the amount of such            products listed in the Annex thereto ; whereas this
refunds (3), as last amended by Regulation (EEC) No               production refunds' scheme has been established in parti­
3381 /90 (4), specifies the products for which a rate of          cular to bring the conditions under which Community
refund should be fixed, to be applied where these                 processors operate progressively into line with those of
products are exported in the form of goods listed in              processors employing sugar at world market prices ;
Annex I to Regulation (EEC) No 1785/81 ;                          whereas, therefore, in the absence of proof that the basic
                                                                  product has not benefited from the production refund,
                                                                  the amount of the export refund must be reduced by the
Whereas, in accordance with the first subparagraph of             amount of the production refund applicable to the basic
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of        product on the day of acceptance of the export declara­
the refund per 1 00 kilograms for each of the basic               tion ; whereas this system is the only one which discards
products in question must be fixed for each month ; and           the risk of fraud ;
whereas, in accordance with paragraph 2 of that Article,
that rate must be determined with particular reference to :
(a) the average costs incurred by processing industries in
     obtaining supplies of the basic products on the
     Community market and the prices ruling on the                Whereas Council Regulation (EEC) No 565/80 of 4
     world market ;                                               March 1980 on the advance payment of export refunds in
                                                                  respect of agricultural products Q, as amended by Regula­
(b) the level of the refunds on exports of processed agri­        tion (EEC) No 2026/83 (8), and Commission Regulation
     cultural products covered by Annex II to the Treaty          (EEC) No 3665/87 of 27 November 1987 laying down
     which are manufactured under similar conditions ;            common detailed rules for the application of the system
                                                                  of export refunds on agricultural products (9), as last
                                                                  amended by Regulation (EEC) No 1 525/92 (10), lay down
(c) the need to ensure equality of competition for the            rules on the advance payment of export refunds that must
     industries which use Community products and those            be adhered to when these are adjusted ;
     which use third-country products under inward
     processing arrangements ;
                                                                  0 OJ    No L 94, 9 . 4. 1986, p. 9 .
                                                                  (6) OJ  No L 54, 28. 2. 1991 , p. 22.
(') OJ No L 177, 1 . 7. 1981 , p. 4.                              O OJ    No L 62, 7. 3. 1980, p. 5.
 2 OJ No L 154, 25. 6. 1993, p. 10.                               (8) OJ  No L 199 , 22. 7. 1983, p . 12.
(3) OJ No L 323, 29. 11 . 1980, p. 27.                            0 OJ    No L 351 , 14. 12. 1987, p. 1 .
(j OJ No L 327, 27. 11 . 1990, p. 4.                              (10) OJ No L 160, 13 . 6. 1992, p . 7.
 ---pagebreak---  1 . 7. 93                             Official Journal of the European Communities                           No L 159/67
 whereas Council Regulation (EEC) No 990/93 (') prohi­           basic products used in the manufacture of the chemical
bits trade between the European Economic Community               products to be exported have not benefited from the
and the Federal Republic of Yugoslavia (Serbia and               production refund provided for in that Regulation, and
Montenegro) ; whereas this prohibition does not apply in         that such refund will not be applied for.
certain situations as comprehensively listed in Articles 2,
4, 5 and 7 thereof ; whereas account should be taken of          The proof referred to in the first subparagraph is provided
this fact when fixing the refunds ;                              by the presentation by the exporter of a declaration from
                                                                 the processor of the basic product in question attesting
Whereas the measures provided for in this Regulation are         that the latter product has not benefited from a produc­
in accordance with the opinion of the Management                 tion refund as provided for in Regulation (EEC) No
Committee for Sugar,                                             1010/86, and that no application for such refund will be
                                                                 made .
HAS ADOPTED THIS REGULATION :
                                                                 3 . When the proof referred to in paragraph 2 is not
                                                                 provided, the export refund :
                          Article 1                              (a) applicable on the date of export of the goods, when
                                                                     the rate is not fixed in advance ; or
1 . Without prejudice to paragraphs 2 and 3, the rates of        (b) of which the rate is fixed in advance,
the refunds applicable to the basic products appearing in
Annex A to Regulation (EEC) No 3035/80 and listed in             will be reduced by the amount of the production refund
Article 1 (1 ) and (2) of Regulation (EEC) No 1785/81 ,          applicable under Regulation (EEC) No 1010/86 to the
exported in the form of goods listed in Annex I to Regu­         basic product in question on the day of acceptance of the
lation (EEC) No 1785/81 , are fixed as shown in the              export declaration for the goods, or on the day specified
Annex hereto.                                                    in Article 3 (2) of Commission Regulation (EEC) No
                                                                 3665/87, if the goods have been placed under the export
2. For the chemical products listed in the Annex to              refund advance payment arrangements.
Regulation (EEC) No 1010/86, the refunds given in the
Annex to this Regulation shall be applied on presenta­                                    Article 2
tion, at the acceptance of the export declaration and the
request for obtaining the export refund, of proof that the       This Regulation shall enter into force on 1 July 1993.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 30 June 1993 .
                                                                           For the Commission
                                                                           Martin BANGEMANN
                                                                      Member of the Commission
(' OJ No L 102, 28 . 4. 1 993 , p. 14.
 ---pagebreak--- No L 159/68                             Official Journal of the European Communities                                              1 . 7. 93
                                                                 ANNEX
            to the Commission Regulation of 30 June 1993 fixing the rates of the refunds
            applicable to certain products in the sugar sector exported in the form of goods not
                                                 covered by Annex II to the Treaty
                                                                                                — Rate of refund
                                                                                               in ECU/100 kg {") —
            White sugar :                                                                                38,64
            Raw sugar :                                                                                  35,54
            Syrups of beet sugar or cane sugar, other than the syrups
            obtained by dissolving white or raw sugar in the solid
            state, containing, in the dry state, 85 % or more by weight                                              S (')
            of sucrose (including invert sugar expressed as sucrose) :                                   38,64 (4) x        or
                                                                                                                      100
            For syrups obtained by dissolving white or raw sugar in                    the rate fixed above for 100 kg of
            the solid state, whether or not the dissolving is followed                white or raw sugar used for the
            by inversion :                                                                           dissolution
            Molasses :
            Isoglucose (2) :                                                                             38,64 P)
             (') Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where
                  the conditions laid down in Regulation (EEC) No 990/93 are observed.
            (') 'S' represents in 100 kilograms of syrup
                — the sucrose content (including invert sugar expressed as sucrose) of the syrup in question, where the latter is
                     not less than 98 % pure,
                — the extractable sugar content of the syrup in question, where the latter is not less than 85 %, but less than
                     98 % pure.
            (2) Products obtained by isomerization of glucose, which have a content by weight in the dry state of at least 41 %
                 fructose and of which the total content by weight in the dry state of polysaccharides and oligosaccharides,
                 including the di- or trisaccharides content, does not exceed 8,5 % .
            (3) Amount of refund per 100 kilograms of dry matter.
            (4) The basic amount is not applicable to the product defined under point 2 of the Annex to Regulation (EEC)
                 No 3513/92 (OJ No L 355, 5. 12. 1992, p. 12).