CELEX: 31993R0176
Language: en
Date: 1993-01-30 00:00:00
Title: Commission Regulation (EEC) No 176/93 of 29 January 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 . 1 . 93                                Official Journal of the European Communities                             No L 22/43
                                          COMMISSION REGULATION (EEC) No 176/93
                                                          of 29 January 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 3814/92 (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 1 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
 1 1 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    170290 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 Q, 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 ('), as last
                                                                      amended by Regulation (EEC) No 1 525/92 (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.                             0 OJ No . L 62, 7. 3. 1980, p. 5.
0    OJ   No L  387,  31 . 12. 1992, p. 7.                            (8) OJ No L 199, 22. 7. 1983, p. 12.
0    OJ  No  L  323,  29. 11 . 1980, p. 27.                           (9) OJ No L 351 , 14. 12. 1987, p. 1 .
(4)  OJ  No  L  327,  27. 11 . 1990, p. 4.                             ,0) OJ No L 160, 13. 6. 1992, p. 7.
 ---pagebreak--- No L 22/44                           Official Journal of the European Communities                                 30 . 1 . 93
Whereas Council Regulation (EEC) No 1432/92 ('), as last        basic products used in the manufacture of the chemical
amended by Regulation (EEC) No 3534/92 (2), prohibits           products to be exported have not benefited from the
trade between the Community and the Republics of                production refund provided for in that Regulation, and
Serbia and Montenegro ; whereas this prohibition does           that such refund will not be applied for.
not apply to certain situations as given in the limitative
enumeration laid down in Articles 2 and 3 ; whereas this        The proof referred to in the first subparagraph is provided
should be taken into account when refunds are fixed ;           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.
HAS ADOPTED THIS REGULATION :                                   3 . When the proof referred to in paragraph 2 is not
                                                                provided, the export refund :
                         Article 1                              (a) applicable on the date of export of the goods, when
                                                                    the rate is not fixed in advance ; or
1 . Without prejudice to paragraphs 2 and 3, the rates of       (b) of which the rate is fixed in advance,
the refunds applicable to the basic products appearing in
Annex A to Regulation (EEC) No 3035/80 and listed in            will be reduced by the amount of the production refund
Article 1 (1 ) and (2) of Regulation (EEC) No 1785/81 ,         applicable under Regulation (EEC) No 1010/86 to the
exported in the form of goods listed in Annex I to Regu­        basic product in question on the day of acceptance of the
lation (EEC) No 1785/81 , are fixed as shown in the             export declaration for the goods, or on the day specified
Annex hereto.                                                   in Article 3 (2) of Commission Regulation (EEC) No
                                                                3665/87, if the goods have been placed under the export
2. For the chemical products listed in the Annex to             refund advance payment arrangements.
Regulation (EEC) No 1010/86, the refunds given in the
Annex to this Regulation shall be applied on presenta­                                   Article 2
tion, at the acceptance of the export declaration and the
request for obtaining the export refund, of proof that the      This Regulation shall enter into force on 1 February 1993.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 29 January 1993.
                                                                          For the Commission
                                                                         Martin BANGEMANN
                                                                     Member of the Commission
(') OJ No L 151 , 3. 6. 1992, p. 4.
(2) OJ No L 358, 8. 12. 1992, p. 16.
 ---pagebreak--- 30. 1 . 93                              Official Journal of the European Communities                                               No L 22/45
                                                                    ANNEX
            to the Commission Regulation of 29 January 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 :                                                                            39,51 0
                  Raw sugar :                                                                              36,34
                  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) :                                                                  39,51 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) :                                                                         39,51 0
           Q Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid
                supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council
                Regulation (EEC) No 1432/92.
           (') '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 % .
           (■') 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 Regulation (EEC)
                No 3513/92.