CELEX: 31992R3178
Language: en
Date: 1992-10-31 00:00:00
Title: Commission Regulation (EEC) No 3178/92 of 30 October 1992 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 317/58                               Official Journal of the European Communities                                31 . 10 . 92
                                        COMMISSION REGULATION (EEC) No 3178/92
                                                       of 30 October 1992
                   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 61 /92 (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 (*), 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
11 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 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 (J), 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 (l0), 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.
                                                                    0 OJ No L 54, 28. 2. 1991 , p. 22.
(') OJ  No   L 177, 1 . 7. 1981 , p. 4.                             0 OJ No L 62, 7. 3. 1980, p. 5.
(2) OJ  No   L 6, 11 . 1 . 1992, p. 19 .                            (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 .
(") OJ  No   L 327, 27. 11 . 1990, p. 4.                            (10) OJ No L 160, 13. 6. 1992, p. 7.
 ---pagebreak--- 31 . 10. 92                          Official Journal of the European Communities                            No L 317/59
Whereas Council Regulation (EEC) No 1432/92 ('), as             basic products used in the manufacture of the chemical
amended by Regulation (EEC) No 2015/92 (2), prohibits           products to be exported have not benefited from the
trade between the Community and the Republics of                production refund provided for in that Regulation, and
Serbia and Montenegro ; whereas this prohibition does           that such refund will not be applied for.
not apply to certain situations as given in the limitative
enumeration laid down in Articles 2 and 3 ; whereas this        The proof referred to in the first subparagraph is provided
should be taken into account when refunds are fixed ;           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.
                                                                3. When the proof referred to in paragraph 2 is not
HAS ADOPTED THIS REGULATION :                                   provided, the export refund :
                                                                (a) applicable on the date of export of the goods, when
                          Article 1                                 the rate is not fixed in advance ; or
                                                                (b) of which the rate is fixed in advance,
1 . Without prejudice to paragraphs 2 and 3, the rates of
the refunds applicable to the basic products appearing in       will be reduced by the amount of the production refund
Annex A to Regulation (EEC) No 3035/80 and listed in            applicable under Regulation (EEC) No 1010/86 to the
Article 1 (1 ) and (2) of Regulation (EEC) No 1785/81 ,         basic product in question on the day of acceptance of the
exported in the form of goods listed in Annex I to Regu­        export declaration for the goods, or on the day specified
lation (EEC) No 1785/81 , are fixed as shown in the             in Article 3 (2) of Commission Regulation (EEC) No
Annex hereto. .                                                 3665/87, if the goods have been placed under the export
                                                                refund advance payment arrangements.
2. For the chemical products listed in the Annex to
Regulation (EEC) No 1010/86, the refunds given in the                                    Article 2
Annex to this Regulation shall be applied on presenta­
tion, at the acceptance of the export declaration and the       This Regulation shall enter into force on 1 November
request for obtaining the export refund, of proof that the      1992.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 30 October 1992.
                                                                          For the Commission
                                                                         Martin BANGEMANN
                                                                              Vice-President
 (') OJ No L 151 , 3. 6. 1992, p. 4.
 (2) OJ No L 205, 22. 7. 1992, p. 2.
 ---pagebreak--- No L 317/60                            Official Journal of the European Communities                                                31 . 10 . 91
                                                                   ANNEX
            to the Commission Regulation of 30 October 1992 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 :                                                                             39,89
                 Raw sugar :                                                                               36,69
                 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 of sucrose (including invert sugar                                                    SO
                 expressed as sucrose) :                                                                   39,89 x            or
                                                                                                                      100
                 For syrups obtained by dissolving white or raw sugar                   the rate fixed above for 100 kg of
                  in the solid state, whether or not the dissolving is                  white or raw sugar used for the
                  followed by inversion :                                                               dissolution
                 Molasses :
                  Isoglucose (2) :                                                                         39,89 (3)
            (*) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid
                supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council
                Regulation (EEC) No 1432/92.
            (') '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 %.
            (3) Amount of refund per 100 kilograms of dry matter.