CELEX: 31993R3013
Language: en
Date: 1993-10-30 00:00:00
Title: Commission Regulation (EEC) No 3013/93 of 29 October 1993 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 . 10 . 93                                  Official Journal of the European Communities                            No L 270/41
                                           COMMISSION REGULATION (EEC) No 3013/93
                                                            of 29 October 1993
                      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 1548/93 (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                     1 702 60 90 and ex 1 702 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                170230 10,      170240 10,      170260 10 and    17029030,
 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 f), 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 2805/93 (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 ;
                                                                         0 OJ    No  L 94, 9. 4. 1986, p. 9 .
                                                                         (6) OJ  No  L 54, 28 . 2. 1991 , p . 22.
(') OJ   No   L 177,   1 . 7. 1981 , p. 4.                               O OJ    No  L 62, 7. 3 . 1980, p. 5.
0   OJ   No   L 154,   25. 6 . 1993, p. 10.                              (8) OJ  No  L 199, 22. 7. 1983, p . 12.
(3) OJ   No   L 323 ,  29 . 11 . 1980, p . 27.                           O OJ    No  L 351 , 14. 12. 1987, p. 1 .
(4) OJ   No   L 327,   27. 11 . 1990, p. 4.                              H OJ    No   L 256, 14. 10 . 1993 , p. 7.
 ---pagebreak---   No L 270/42                         Official Journal of the European Communities                                30 . 10 . 93
  Whereas Council Regulation (EEC) No 990/93 (') prohi­          basic products used in the manufacture of the chemical
 bits trade between the European Economic Community              products to be exported have not benefited from the
 and the Federal Republic of Yugoslavia (Serbia and              production refund provided for in that Regulation, and
 Montenegro) ; whereas this prohibition does not apply in        that such refund will not be applied for.
 certain situations as comprehensively listed in Articles 2,
 4, 5 and 7 thereof ; whereas account should be taken of         The proof referred to in the first subparagraph is provided
 this fact when fixing the refunds ;                             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 Regulation (EEC) No 3665/87, if the
Annex hereto .                                                   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      1993 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 29 October 1993 .
                                                                          For the Commission
                                                                          Martin BANGEMANN
                                                                              Vice-President
(') OJ No L 102, 28. 4. 1993, p. 14.
 ---pagebreak--- 30 . 10. 93                              Official Journal of the European Communities                                              No L 270/43
                                                                  ANNEX
            to the Commission Regulation of 29 October 1993 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 :                                                                                 36,89
            Raw sugar :                                                                                   33,93
            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                                               so
            of sucrose (including invert sugar expressed as sucrose) :                                    36,89 (4) x         or
                                                                                                                       100
                                                                                        the rate fixed above for 100 kg of
                                                                                       white or raw sugar used for the
                                                                                                      dissolution
            For syrups obtained by dissolving white or raw sugar in
            the solid state, whether or not the dissolving is followed
            by inversion :
            Molasses :                                                                                     —
            Isoglucose (2) :                                                                              36,89 (3)
             (*) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where
                  the conditions laid down in Regulation (EEC) No 99 0/93 are observed.
            (') '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,
                 including the di - or trisaccharides content, does not exceed 8,5 % .
            (3) Amount of refund per 100 kilograms of dry matter.
            (4) The basic amount is not applicable to the product defined under point 2 of the Annex to Commission Regula­
                 tion (EEC) No 3513/92 (OJ No L 355, 5. 12. 1992, p. 12).