CELEX: 31987R2635
Language: en
Date: 1987-09-01 00:00:00
Title: Commission Regulation (EEC) No 2635/87 of 31 August 1987 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

1 . 9 . 87                                  Official Journal of the European Communities                             No L 248/43
                                         COMMISSION REGULATION (EEC) No 2635/87
                                                          of 31 August 1987
                     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,                                which use third-country products under inward
                                                                           processing arrangements ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                      Whereas Article 4 (3) of Regulation (EEC) No 3035/80
                                                                      provides that, when the rate of the refund is being fixed,
Having regard to Council Regulation (EEC) No 1785/                    account should be taken, where appropriate, of refunds,
81 of 30 June 1981 on the common organization of the                  aids or other measures having equivalent effect, applicable
market in sugar ('), as last amended by Regulation (EEC)              in all Member States in accordance with the Regulation
No 229/87 (2) and in particular Article 19 (4) (a) and (7)            on the common organization of the market in the
thereof :                                                              product in question, to the basic products listed in Annex
                                                                      A to that Regulation or to assimilated products ;
Whereas Article 19 ( 1 ) and (2) of Regulation (EEC) No •
1785/81 provide that for the products listed in Article l ->
(1 ) (a), (c), (d), (f) and (g) of that Regulation an export          Whereas Council Regulation (EEC) No 1010/86 of 26
refund may be granted when these goods are exported in                March 1986 laying down general rules for production
the form of goods listed in Annex I to that same Regula­               refunds on certain products of the chemical industry (*)
tion ; whereas Council Regulation (EEC)' No 3035/80 of                 provides for the granting of production refunds of white
 11 November 1980 laying down general rules for granting               sugar, raw sugar, certain sucrose syrups falling within
export refunds for certain agricultural products exported              subheading 17.02 D ex II of the Common Customs Tariff
in the form of goods not covered by Annex II to the                    having a certain purity, and unprocessed isoglucose falling
Treaty, and the criteria for fixing the amount of such                 within subheading 17.02 D I, which are used in the
refunds (3), as last amended by Regulation (EEC) No                    manufacture of the chemical products listed in the Annex
2223/86 (4), specifies the products for which a rate of                thereto ; whereas this production refunds' scheme has
refund should be fixed, to be applied where these                      been established in particular to bring the conditions
products are exported in the form of goods listed in                   under which Community processors operate progressively
Annex I of Regulation (EEC) No 1785/81 ;                               into line with those of processors employing sugar at
                                                                       world market prices ; 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
Whereas, in accordance with the first subparagraph of                  be reduced by the amount of the production refund appli­
Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of            cable to the basic product on the day of acceptance of the
the refund per 100 kilograms for each of the basic                     export declaration ; whereas this system is the only one
products in question must be fixed for each month ; and                which discards 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             Whereas Council Regulation (EEC) No 565/80 of 4
      obtaining supplies of the basic products on the                  March 1980 on the advance payment of export refunds in
      Community market and the prices ruling on the                    respect of agricultural products (6), aj last amended by
      world market ;                                                   Regulation (EEC) No 2026/83 Q, and Commission Regu­
                                                                       lation (EEC) No 798/80 of 31 March 1980 laying down
(b) the level of the refunds on exports of processed agri­             general rules on the advance payment of export refunds
      cultural products covered by Annex II to the Treaty              and positive monetary compensatory amounts in respect
      which are manufactured under similar conditions ;                of agricultural products (8), as last amended by Regulation
                                                                       (EEC) No 471 /87 (9), lay down rules on the advance
                                                                       payment of export refunds that must be adhered to when
(c) the need to ensure equality of competition for the                 these are adjusted ;
      industries which use Community products and those
                                                                       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 25, 28 . 1 . 1987, p. 1 .                             0   OJ No  L  199, 22.   7. 1983, p. 12.
0    OJ   No   L 323, 29. 11 . 1980, p. 27.                            (8) OJ No  L  87, 1 . 4.  1980, p. 42.
(4)  OJ   No   L 194, 17. 7. 1986, p. 1 .                              ft OJ No L 48, 17. 2. 1987, p. 10.
 ---pagebreak--- No L 248 /44                         Official Journal of the European Communities                                  1 . 9 . 87
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
                                                                 provided, the export refund :
1 . Without prejudice to paragraphs 2 and 3, the rates of
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 ,         (b) of which the rate is fixed in advance,
exported in the form of goods ljsted in Annex I to Regu­
lation (EEC) No 1785/81 , are fixed as shown in the              will be reduced by the amount of the production refund
Annex hereto .                                                   applicable under Regulation (EEC) No 1010/86 to the
                                                                 basic product in question on the day of acceptance of the
(2) For the chemical products listed in the Annex to             export declaration for the goods, or on the day specified
Regulation (EEC) No 1010/86, the refunds given in the            in Article 3 (2) of Regulation (EEC) No 798/80, if the
Annex to this Regulation shall be applied on presenta­           goods have been placed under the export refund advance
tion, at the acceptance of the export declaration and the        payment arrangements .
request for obtaining the export refund, of proof that the
basic products used in the manufacture of the chemical                                    Article 2
products to be exported have not benefited from the
production refund provided for in that Regulation, and           This Regulation shall enter into force on 1 September
that such refund will not be applied for.                         1987.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 31 August 1987.
                                                                           For the Commission
                                                                            Willy DE CLERCQ
                                                                       Member of the Commission
 ---pagebreak--- 1 . 9 . 87                             Official Journal of the European Communities                                               No L 248 /45
                                                                ANNEX
           to the Commission Regulation of 31 August 1987 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/1 00 kg :                   White sugar :                                          45,30
                                                             Raw sugar :                                             40,98
                                                             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) :               45,30 x
                                                                                                                            100
                                                             Molasses :
                                                             Isoglucose (2) :                                      45,30 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 % .
           (J) Amount of refund per 100 kilograms of dry matter.