CELEX: 31988R3038
Language: en
Date: 1988-10-01
Title: Commission Regulation (EEC) No 3038/88 of 30 September 1988 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

Nó L. 271 /96                              Official Journal of the European Communities                                 1 . 10 . 88
                                       COMMISSION REGULATION (EEC) No 3038/88
                                                       of 30 September 1988
                   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 2306/88 (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 (1) of Regulation (EEC) No                March 1986 laying down general rules for production
1785/81 provide that for the products listed in Article 1            refunds on certain products of the chemical industry 0
(l)(a), (c), (d), (f) and (g) of that Regulation an export           provides for the granting of production refunds of white
refund may be granted when these goods are exported in               sugar, raw sugar, certain sucrose syrups falling within
the form of goods listed in Annex I to that same Regula­             subheadings ex 1702 60 90 and ex 1702 90 90 of the
tion ; whereas Council Regulation (EEC) No 3035/80 of                combined nomenclature having a certain purity, and
11 November 1980 laying down general rules for granting              unprocessed isoglucose falling within subheadings
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
4055/87 (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 of 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 100 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 (6), as last amended by
                                                                      Regulation (EEC) No 2026/83 f), and Commission Regu­
(b) the level of the refunds on exports of processed agri­            lation (EEC) No 798/80 of 31 March 1980 laying down
     cultural products covered by Annex II to the Treaty
    which are manufactured under similar conditions ;                 general rules on the advance payment of export refunds
                                                                      and positive monetary compensatory amounts in respect
                                                                      of agricultural products (8), as last amended by Regulation
(c) the need to ensure equality of competition for the                (EEC) No 471 /87 (9), lay down rules on the advance
     industries which use Community products and those                payment of export refunds that must be adhered to when
     which use third-country products under inward                    these are adjusted ;
     processing arrangements ;
                                                                      (0 OJ No L 94, 9 . 4. 1986, p. 9.
(') OJ  No   L  177, 1 . 7. 1981 , p. 4.                              $ OJ No L 62, 7. 3. 1980, p. 5.
(2) OJ  No   L 201 , 27. 7. 1988, p. 65.                              0 OJ No L 199, 22. 7. 1983, p. 12.
0   OJ  No   L 323,  29. 11 . 1980, p. 27.                            («) OJ No L 87, 1 . 4. 1980, p. 42.
(+) OJ  No   L 379,  31J 12. 1987, p. 1 .                             (») OJ No L 48, 17. 2. 1987, p. 10.
 ---pagebreak---      1 . 10. 88
                                         Official Journal of the
                                                                  European Communities                                   )
                                                                                                                     No L 271 /97
    Whereas the measures provided for in this Régulation are
    m accordance with the opinion of the Management                   The proof referred to in the first subparagraph is provided
    Committee for Sugar,                                                 y the présentation by the exporter of a déclaration from
                                                                       the processor           bfC Product in question «testing
                                                                      that the latter product has not benefited from a produc
    HAS ADOPTED THIS
                          REGULATION :                                  tion/«eiUn as provided f°r in Regulation ' (EEC) No
                                                                      1010/86, and that no application for such refund will be
                                                                      made .
                           Article 1
   1 . Without prejudice to paragraphs 2 and 3, the rates of          3"             the proof referred to in paragraph 2 is not
                                                                     provided, the export refund :
   the refunds applicable to the basic products appearing in
  Annex A to Régulation (EEC) No 3035/80 and listed in               (a) applicable on the date of export of the goods, when
  Article 1 (1) and (2) of Régulation (EEC) No 1785/81                     the rate is not fixed in advance ; or
  exported in the form of goods listed in Annex I to Régu­           (b) of which the rate is fixed in advance,
  lation    (EEC) No 1785/81 , are fixed as shown in the
 Annex hereto.
                                                                    T r reduced y„ amount of the production refund
 (2) For the chemical products listed in the Annex to               applicable under Régulation (EEC) No 1010/86 to the
 Régulation (EEC) No 1010/86, the refunds given in the                       p"d"ct m lotion on the day of acceptance of the
 Annex to this Régulation shall be applied on presenta­             export déclaration for the goods, or on the day specified
  tion, at the acceptance of the export déclaration and the         m Article 3 (2) of Régulation (EEC) No 798/80, if the
 request for obtaining the export refund, of proof that the         goods have
                                                                   payment arrangements.
                                                                                         placed U"der the exPort refund advance
basic products used in the manufacture of the chemical
products to be exported have not benefited from the
production refund provided for in that Régulation, and                                         Article 2
that such refund will not be applied for.                                                                          /
                                                                   This Régulation shall enter into force on 1 October 1988.
                  This  Régulation shall be binding  in its entirety   and   directly applicable
                  Mates .                                                                        m   all Member
                  Done at Brussels, 30 September 1988.
                                                                              For the Commission
                                                                                   COCKFIELD
                                                                                  Vice-President
 ---pagebreak--- No L 271 /98                           Official Journal of the European Communities                                                 1 . 10. 88
                                                                 ANNEX
             to the Commission Regulation of 30 September 1988 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 :                                           39,21
                                                               Raw sugar :                                             32,87
                                                               Syrups of beet sugar or cane sugar
                                                               containing, in the dry state, 85 % or
                                                               more by weight of sucrose (including                           SO)
                                                               invert sugar expressed as sucrose) :               39,21 X —^
                                                                                                                              100
                                                               Molasses :
                                                               Isoglucose (2) :                                      39,21 0
             (') '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, inclu­
                 ding the di- or trisaccharides content, does not exceed 8,5 %.
             (}) Amount of refund per 100 kilograms of dry matter.