CELEX: 31991R1469
Language: en
Date: 1991-06-01
Title: Commission Regulation (EEC) No 1469/91 of 31 May 1991 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 . 6. 91                                Official Journal of the European Communities                             No L 138/53
                                         COMMISSION REGULATION (EEC) No 1469/91
                                                          of 31 May 1991
                     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,
                                                                     account should be taken, where appropriate, of refunds,
 Having regard to Council Regulation (EEC) No 1785/
                                                                     aids or other measures having equivalent effect, applicable
 81 of 30 June 1981 on the common organization of the
                                                                     in all Member States in accordance with the Regulation
 market in sugar ('), as last amended by Regulation (EEC)            on the common organization of the market in the
 No 464/91 (2), and in particular Article 19 (4) (a) and (7)
 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 provides that, for the products listed in Article 1        Whereas Council Regulation (EEC) No 1010/86 of 26
 (l)(a), (c), (d), (f) and (g) of that Regulation, an export         March 1986 laying down general rules for production
 refund may be granted when these goods are exported in              refunds on certain products of the chemical industry (*), as
 the form of goods listed in Annex I to that same Regula­            last amended by Regulation (EEC) 464/91 , provides for
 tion ; whereas Council Regulation (EEC) No 3035/80 of               the granting of production refunds of white sugar, raw
  11 November 1980 laying down general rules for granting            sugar, certain sucrose syrups falling within CN codes ex
 export refunds for certain agricultural products exported           1702 60 90 and ex 1702 90 90 having a certain purity, and
 in the form of goods not covered by Annex II to the                 unprocessed isoglucose falling within CN codes
 Treaty, and the criteria for fixing the amount of such              1702 30 10,    1702 40 10,    1702 60 10   and   1702 90 30,
 refunds (3), as last amended by Regulation (EEC) No                 which are used in the manufacture of the chemical
 3381 /90 (4), specifies the products for which a rate of            products listed in the Annex thereto ; whereas this
 refund should be fixed, to be applied where these                   production refunds' scheme has been established in parti­
 products are exported in the form of goods listed in                cular to bring the conditions under which Community
 Annex I to Regulation (EEC) No 1785/81 ;                            processors operate progressively into line with those of
                                                                     processors employing sugar at world market prices ;
                                                                     whereas, therefore, in the absence of proof that the basic
 Whereas, in accordance with the first subparagraph of               product has not benefited from the production refund,
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of           the amount of the export refund must be reduced by the
 the refund per 100 kilograms for each of the basic                  amount of the production refund applicable to the basic
 products in question must be fixed for each month ; and             product on the day of acceptance of the export declara­
whereas, in accordance with paragraph 2 of that Article,             tion ; whereas this system is the only , one which discards
 that rate must be determined with particular reference to :         the risk of fraud ;
(a) the average costs incurred by processing industries in
      obtaining supplies of the basic products on the                Whereas Council Regulation (EEC) No 565/80 of 4
      Community market and the prices ruling on the                  March 1980 on the advance payment of export refunds in
      world market ;
                                                                     respect of agricultural products (6), as amended by Regula­
                                                                     tion (EEC) No 2026/83 (J), and Commission Regulation
(b) the level of the refunds on exports of processed agri­          (EEC) No 3665/87 of 27 November 1987 laying down
      cultural products covered by Annex II to the Treaty            common detailed rules for the application of the system
      which are manufactured under similar conditions ;              of export refunds on agricultural products (8), as last
                                                                     amended by Regulation (EEC) No 1615/90 (9), lay down
                                                                    rules on the advance payment of export refunds that must
(c) the need to ensure equality of competition for the              be adhered to when 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  54, 28 . 2. 1991 , p. 22.                           0   OJ  No  L  199, 22. 7. 1983, p. 12.
0    OJ  No  L  323, 29. 11 . 1980, p. 27.                          f)  OJ  No  L 351 , 14. 12. 1987, p. 1 .
(4)  OJ  No  L  327, 27. 11 . 1990, p. 4.                           (9) OJ  No  L  152, 16. 6. 1990, p. 33 .
 ---pagebreak--- No L 138/54                          Official Journal of the European Communities                                   1 . 6. 91
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 June 1991 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 31 May 1991 .
                                                                          For the Commission
                                                                          Martin BANGEMANN
                                                                              Vice-President
 ---pagebreak--- 1 . 6 . 91                            Official Journal of the European Communities                                                No L 138/55
                                                                ANNEX
            to the Commission Regulation of 31 May 1991 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 :                                                                           38,68
                 Raw sugar :                                                                             35,49
                 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                                                 S (-)
                 expressed as sucrose) :                                                                 38,68 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) :                                                                        38,68 (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,
               — 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.