CELEX: 31992R0515
Language: en
Date: 1992-02-29 00:00:00
Title: Commission Regulation (EEC) No 515/92 of 28 February 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

29. 2. 92                                  Official Journal of the European Communities                             No L 55/91
                                         COMMISSION REGULATION (EEC) No 515/92
                                                        of 28 February 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 (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
 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 (7), 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 1615/90 (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 ;
                                                                     o OJ No L 94, 9. 4. 1986, p. 9.
                                                                     (6) OJ No L 54, 28 . 2. 1991 , p. 22.
0   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.
O   OJ  No   L  323, 29. 11 . 1980, p. 27.                           0 OJ No L 351 , 14. 12. 1987, p. 1 .
O   OJ  No   L  327, 27. 11 . 1990, p. 4.                            (10) OJ No L 152, 16. 6. 1990, p. 33.
 ---pagebreak---   No L 55/92                           Official Journal of the European Communities                                29. 2. 92
{ 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 Commission Regulation (EEC) No
  tion, at the acceptance of the export declaration and the       3665/87, if the goods have been placed under the export
  request for obtaining the export refund, of proof that the      refund advance 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 March 1992.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 28 February 1992.
                                                                            For the Commission
                                                                            Martin BANGEMANN
                                                                                Vice-President
 ---pagebreak--- 29. 2. 92                            Official Journal of the European Communities                                                 No L 55/93
                                                               ANNEX
          to the Commission Regulation of 28 February 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 :                                                                           38,87
                Raw sugar :                                                                             35,76
                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) :                                                                 38,87 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) :                                                                        38,87 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 arid oligosaccharides, inclu­
              ding the di- or trisaccharides content, does not exceed 8,5 % .
          (3) Amount of refund per 100 kilograms of dry matter.