CELEX: 31988R1191
Language: en
Date: 1988-04-30 00:00:00
Title: Commission Regulation (EEC) No 1191/88 of 29 April 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

30 . 4. 88                              Official Journal of the European Communities                              No L 111 /81
                                        COMMISSION REGULATION (EEC) No 1191/88
                                                          of 29 April 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 3993/87 (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 provide that for the products listed in Article 1
  (1 ) (a), (c), (d), (f) and (g) of that Regulation an export         refunds on certain products of the chemical industry ^
                                                                       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
  1 1 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 ^, as last amended by
(b) the level of the refunds on exports of processed agri­           Regulation (EEC) No 2026/83 f), and Commission Regu­
       cultural products covered by Annex II to the Treaty           lation (EEC) No 798/80 of 31 March 1980 laying down
       which are manufactured under similar conditions ;            general rules on the advance payment of export refunds
                                                                     and positive monetary compensatory amounts in respect
(c) the need to ensure equality of competition for the
                                                                    of agricultural products (8), as last amended by Regulation
                                                                    (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.                                (6)  OJ  No  L 62, 7. 3. 1980, p. 5.
0 OJ No L 377, 31 . 12. 1987, p. 23.                                0    OJ  No  L 199, 22. 7. 1983, p. 12.
(3) OJ No L 323, 29. 11 . 1980, p. 27.                              (8)  OJ  No  L 87, 1 . 4. 1980, p. 42.
(4) OJ No L 379, 31 . 12. 1987, p. 1 .                              0    OJ  No  L 48, 17. 2. 1987, p. 10.
 ---pagebreak--- No L 111 /82                         Official Journal of the European Communities                                 30 . 4. 88
Whereas the measures provided for in this Regulation are        The proof referred to in the first subparagraph is provided
in accordance with the opinion of the Management                by the presentation by the exporter of a declaration from
Committee for Sugar,                                            the processor of the basic product in question attesting
                                                                that the latter product has not benefited from a produc­
                                                                tion refund as provided for in Regulation (EEC) No
HAS ADOPTED THIS REGULATION :                                   1010/86, and that no application for such refund will be
                                                                made.
           '              Article 1
                                                                3 . When the proof referred to in paragraph 2 is not
1 . Without prejudice to paragraphs 2 and 3, the rates of       provided, the export refund :
the refunds applicable to the basic products appearing in       (a) applicable on the date of export of the goods, when
Annex A to Regulation (EEC) No 3035/80 and listed in                the rate is not fixed in advance ; or
Article 1 (1 ) and (2) of Regulation (EEC) No 1785/81 ,
exported in the form of goods listed in Annex I to Regu­        (b) of which the rate is fixed in advance/
lation (EEC) No 1785/81 , are fixed as shown in the
Annex hereto.                                                   will be reduced by the amount of the production refund
                                                                applicable under Regulation (EEC) No 1010/86 to the
(2) For the chemical products listed in the Annex to            basic product in question on the day of acceptance of the
Regulation (EEC) No 1010/86, the refunds given in the           export declaration for the goods, or on the day specified
Annex to this Regulation shall be applied on presenta­          in Article 3 (2) of Regulation (EEC) No 798/80, if the
tion, at the acceptance of the export declaration and the       goods have been placed under the export refund advance
request for obtaining the export refund, of proof that the      payment arrangements .
basic products used in the manufacture of the chemical
products to be exported have not benefited from the                                      Article 2
production refund provided for in that Regulation, and
that such refund will not be applied for.                       This Regulation shall enter into force on 1 May 1988 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member ,
                 States .
                 Done at Brussels, 29 April 1988 .
                                                                          For the Commission
                                                                              COCKFIELD
                                                                              Vice-President
 ---pagebreak--- 30 . 4. 88
                                        Official Journal of the European Communities                                               No L 111 /83
                                                                  ANNEX
             to the Commission Regulation of 29 April 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 :                                          42,07
                                                              Raw sugar :                                             36,93
                                                              Syrups of beet sugar or cane sugar
                                                              containing, in the dry state, 85 % or
                                                              more by weight of sucrose (including                           S (>)
                                                              invert sugar expressed as sucrose) :               42,07 x
                                                                                                                             100
                                                              Molasses :
                                                              Isoglucose (2) :                                      42,07 (3)
           (') '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,                                                         1
                   the extractable sugar content of the syrup in question, where the latter is not less than 85 %, but less than
                   98 % pure.
           ( ) 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.