CELEX: 31990R3851
Language: en
Date: 1990-12-29 00:00:00
Title: Commission Regulation (EEC) No 3851/90 of 28 December 1990 fixing the production refund for white sugar used in the chemical industry

29 . 12. 90                               Official Journal of the European Communities                             No L 367/31
                                       COMMISSION REGULATION (EEC) No 3851/90
                                                      of 28 December 1990
                     fixing the production refund for white sugar used in the chemical industry
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          duction refund for white sugar shall be fixed at three-
                                                                     monthly intervals for the periods beginning 1 July, 1
                                                                     October, 1 January and 1 April ; whereas the application
                                                                     of the abovementioned method entails fixing the pro­
Having regard to the Treaty establishing the European                duction refund as stated in Article 1 for the period
Economic Community,                                                  referred to therein ;
                                                                     Whereas the amendment of the definition of white sugar
Having regard to Council Regulation (EEC) No 1785/81                 and raw sugar referred to in Article 1 (2) (a) and (b) of
of 30 June 1981 on the common organization of the                    Regulation (EEC) No 1785/81 has the consequence that
markets in the sugar sector ('), as last amended by Regu­            flavoured sugars or sugars containing added colouring
lation (EEC) No 3577/90 (2), and in particular Article 9 (6)         agents or other substances are no longer considered as
thereof,                                                             falling within these definitions but are to be considered as
                                                                     'other sugars' ; whereas Article 1 of Regulation (EEC) No
                                                                     1010/86 provides for these sugars to be eligible as basic
                                                                     products to the production refund ; whereas a method of
                                                                     calculation based on their sucrose content should be laid
Whereas pursuant to Article 9 (3) of Regulation (EEC) No
1785/81 it may be decided to grant production refunds on             down for establishing the production refund applicable to
the products listed in Article 1 (1 ) (a) and (f) and on the         these products ;
syrups listed in Article 1 (1 ) (d) thereof which are in one
of the situations referred to in Article 9 (2) of the Treaty         Whereas the measures provided for in this Regulation are
and which are used in the manufacture of certain
                                                                     in accordance with the opinion of the Management
products of the chemical industry ;                                  Committee for Sugar,
Whereas Council Regulation (EEC) No 1010/86 of 25
March 1986 laying down general rules for the production
refund on certain sugar products used in the chemical
                                                                      HAS ADOPTED THIS REGULATION :
industry (3), as last amended by Regulation (EEC) No
 1771 /90 (4), establishes the framework within which the
production refunds may be determined and lists the
chemical products of which the manufacture makes it
possible to grant a production refund for the basic                                            Article 1
products used in their manufacture ; whereas Articles 5, 6
and 7 of Regulation (EEC) No 1010/86 provide that the
production refund granted for raw sugar, sucrose syrups              The production refund per 100 kilograms of white sugar
and unprocessed isoglucose shall be derived from the                 referred to in Article 4 of Regulation (EEC) No 1010/86 is
refund fixed for white sugar according to a method of                hereby fixed at ECU 33,556 for three months from 1
calculation peculiar to each of these basic products ;               January to 31 March 1991 . For flavoured sugars or sugars
                                                                     containing added colouring agents or containing other
                                                                     substances obtained from white sugar or raw sugar the
                                                                     production refund shall be established by multiplying this
Whereas Commission Regulation (EEC) No 1729/78 of                    amount by the sucrose content of the sugar in question
24 July 1978 laying down detailed rules of application in            determined in accordance with the polarimetric method
respect of the production refund for sugar used in the                as a percentage of the dry matter weight.
chemical industry (5), as last amended by Regulation
(EEC) No 2029/90 (*), specifies the method to be used for
establishing the production refund ; whereas Article 1 of
Regulation (EEC) No 1729/78 provides that the pro
                                                                                               Article 2
 (>) OJ No   L  177, 1 . 7. 1981 , p. 4.
 (2) OJ No   L  353, 17. 12. 1990, p. 23.
 (3) OJ No   L  94, 9. 4. 1986, p. 9.
 (*) OJ No   L  163, 29. 6. 1990, p. 1 .
(*)  OJ No   L  201 , 25. 7. 1978, p. 26.                            This Regulation shall enter into force on 1 January 1991 .
I6)  OJ No   L  186, 18. 7. 1990, p. 5.
 ---pagebreak--- No L 367/32                    Official Journal of the European Communities                        29. 12. 90
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 28 December 1990.
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission