CELEX: 31990R3871
Language: en
Date: 1990-12-29 00:00:00
Title: Commission Regulation (EEC) No 3871/90 of 28 December 1990 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

29 . 12. 90                                  Official Journal of the European Communities                          No L 367/ 101
                                         COMMISSION REGULATION (EEC) No 3871/90
                                                         of 28 December 1990
                    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 17851                      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 3577/90 (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
( 1)(a), (c), (d), (f) and (g) of that Regulation, an export            last amended by Regulation (EEC) 1771 /90 (6), provides
refund may be granted when these goods are exported in                  for 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                   1702 60 90 and ex 1702 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               1702 30 10,   1702 40 10,   1702 60 10   and   1702 90 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 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 1615/90 (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.
                                                                        0 OJ No L 163, 29. 6. 1990, p. 1 .
  ') OJ  No   L 177,   1 . 7. 1981 , p. 4.                              0 OJ No L 62, 7. 3. 1980, p. 5.
 (2) OJ  No   L 353,   17. 12. 1990, p. 23 .                            (8) OJ No L 199, 22. 7. 1983, p. 12.
  3) OJ  No   L 323,  29. 11 . 1980, p. 27.                             0 OJ No L 351 , 14. 12. 1987, p. 1 .
 (4) OJ  No   L 327,  27. 11 . 1990, p. 4.                              (10) OJ No L 152, 16. 6. 1990, p. 33.
 ---pagebreak--- No L 367/ 102                        Official Journal of the European Communities                               29 . 12. 90
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        798/80 ('), 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 January 1991 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 28 December 1990.
                                                                           For the Commission
                                                                           Martin BANGEMANN
                                                                                Vice-President
                                                                 (') OJ No L 87, 1 . 4. 1980, p. 42.
                \
 ---pagebreak--- 29. 12. 90                           Official Journal of the European Communities                                                 No L 367/103
                                                               ANNEX
           to the Commission Regulation of 28 December 1990 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 :                                                                            38,12
                 Raw sugar :                                                                             34,76
                 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                                                 SO
                 expressed as sucrose) :                                                                 38,12 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) :                                                                        38,12 (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.