CELEX: 31987R1226
Language: en
Date: 1987-05-01 00:00:00
Title: Commission Regulation (EEC) No 1226/87 of 30 April 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

No L 115/62                              Official Journal of the European Communities                                  1 . 5. 87
                                      COMMISSION REGULATION (EEC) No 1226/87
                                                         of 30 April 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,                         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 229/87 (2) and in particular Article 19 (4) (a) and (7)          Whereas Council Regulation (EEC) No 1010/86 of 26
thereof ;                                                           March 1986 laying down general rules for production
                                                                    refunds on certain products of the chemical industry (*)
                                                                    provides for the granting of production refunds of white
Whereas Article 19 ( 1 ) and (2) of Regulation (EEC) No             sugar, raw sugar, certain sucrose syrups falling within
1785/81 provide that for the products listed in Article 1           subheading 17.02 D ex II ' of the Common Customs Tariff
( l)(a), (c), (d), (f) and (g) of that Regulation an export         having a certain purity, and unprocessed isoglucose falling
refund may be granted when these goods are exported in              within subheading 17.02 D I, which are used in the
the form of goods listed in Annex I to that same Regula­            manufacture of the chemical products listed in the Annex
tion ; whereas Council Regulation (EEC) No 3035/80 of               thereto ; whereas this production refunds' scheme has
11 November 1980 laying down general rules for granting             been established in particular to bring the conditions
export refunds for certain agricultural products exported           under which Community processors operate progressively
in the form of goods not covered by Annex II to the                 into line with those of processors employing sugar at
Treaty, and the criteria for fixing the amount of such              world market prices ; whereas therefore, in the absence of
refunds (3), as last amended by Regulation (EEC) No                 proof that the basic product has not benefited from the
2223/86 (4), specifies the products for which a rate of             production refund, the amount of the export refund must
refund should be fixed, to be applied where these                   be reduced by the amount of the production refund appli­
products are exported in the form of goods listed in                cable to the basic product on the day of acceptance of the
Annex I of Regulation (EEC) No 1785/81 ;                            export declaration ;
Whereas, in accordance with the first subparagraph of               Whereas the measures provided for in this Regulation are
Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of         in accordance with the opinion of the Management
the refund per 100 kilograms for each of the basic                  Committee for Sugar,
products in question must be fixed for each month ; and
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                HAS ADOPTED THIS REGULATION :
     Community market and the prices ruling on the
     world market ;
(b) the level of the refunds on exports of processed agri­
                                                                                              Article 1
     cultural products covered by Annex II to the Treaty
     which are manufactured under similar conditions ;
                                                                    1 . Without prejudice to paragraphs 2 and 3, the rates of
(c) the need to ensure equality of competition for the              the refunds applicable to the basic products appearing in
     industries which use Community products and those              Annex A to Regulation (EEC) No ' 3035/80 and listed in
     which use third-country products under inward                  Article 1 ( 1 ) and (2) of Regulation (EEC) No 1785/81 ,
     processing arrangements ;                                      exported in the form of goods listed in Annex I to Regu­
                                                                    lation (EEC) No 1785/81 , are fixed as shown in the
o   OJ No L 177, 1 . 7. 1981 , p. 4.                                Annex hereto .
(2  OJ No L 25, 28 . 1 . 1987, p. 1 .
(3) OJ No L 323 , 29 . 11 . 1980, p . 27.
O   OJ No L 194, 17 . 7 . 1986, p . 1 .                             O OJ No L 94, 9 . 4. 1986, p. 9 .
 ---pagebreak--- 1 . 5 . 87                            Official Journal of the European Communities                         No L 115/63
2. For the chemical products listed in the Annex to             (a) applicable on the date of export of the goods, when
Regulation (EEC) No 1010/86, the refunds given in the               the rate is not fixed in advance ; or
Annex to this Regulation shall be applied on presenta­
tion, at the accomplishment of the customs formalities          (b) of which the rate is fixed in advance,
and the request for obtaining the export refund, of proof
that the basic products used in the manufacture of the
chemical products to be exported have not benefited from
the production refund provided for in that Regulation,          will be reduced by the amount of the production refund
and that such refund will not be applied for.                   applicable under Regulation (EEC) No 1010/86 to the
                                                                basic product in question on the date on which the
The proof referred to in the first subparagraph is provided     export declaration for the goods is accepted.
by the presentation by the exporter of a declaration from
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
1010/86, and that no application for such refund will be                                 Article 2
made .
3 . When the proof referred to in paragraph 2 is not
provided, the export refund :                                   This Regulation shall enter into force on 1 May 1987.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 30 April 1987.
                                                                          For the Commission
                                                                              COCKFIELD
                                                                              Vice-President
 ---pagebreak--- No L 115/64                            Official Journal of the European Communities                                                1 . 5. 87
                                                                 ANNEX
            to the Commission Regulation of 30 April 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/100 kg :                    White sugar :                                           45,04
                                                              Raw sugar :                                             39,07
                                                              Syrups of beet sugar or cane sugar
                                                              containing, in the dry state, 85 % or
                                                              more by weight of sucrose (including                           SO
                                                              invert sugar expressed as sucrose) :                45,04 x
                                                                                                                              too
                                                              Molasses :
                                                              Isoglucose (2) :                                       45,04 (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.