CELEX: 31991R2610
Language: en
Date: 1991-08-31 00:00:00
Title: Commission Regulation (EEC) No 2610/91 of 30 August 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

31 . 8 . 91                                Official Journal of the European Communities                             No L 243/61
                                          COMMISSION REGULATION (EEC) No 2610/91
                                                          of 30 August 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
( 1) (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
 1 1 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 f), 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 161 5/90 (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.                             (6) OJ  No  L 62, 7. 3. 1980, p. 5 .
0   OJ    No  L  54, 28. 2. 1991 , p. 22.                             O   OJ  No  L 199, 22. 7. 1983, p. 12.
0   OJ    No  L  323, 29. 11 . 1980, p. 27                            (8) OJ  No  L 351 , 14. 12. 1987, p. 1 .
(4) OJ    No  L  327, 27. 11 . 1990, p. 4.                            0   OJ  No  L 152, 16. 6. 1990, p. 33 .
 ---pagebreak--- No L 243/62                          Official Journal of the European Communities                                 31 . 8 . 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
                                                                provided, the export refund :
1 . Without prejudice to paragraphs 2 and 3, the rates of
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 ,         (b) of which the rate is fixed in advance,
exported in the form of goods listed in Annex I to Regu­
lation (EEC) No 1785/81 , are fixed as shown in the             will be reduced by the amount of the production refund
Annex hereto.                                                   applicable under Regulation (EEC) No 1010/86 to the
                                                                basic product in question on the day of acceptance of the
2.    For the chemical products listed in the Annex to          export declaration for the goods, or on the day specified
Regulation (EEC) No 1010/86, the refunds given in the           in Article 3 (2) of Commission Regulation (EEC) No
Annex to this Regulation shall be applied on presenta­          3665/87, if the goods have been placed under the export
tion, at the acceptance of the export declaration and the       refund advance payment arrangements.
request for obtaining the export refund, of proof that the
basic products used in the manufacture of the chemical                                   Article 2
products to be exported have not benefited from the
production refund provided for in that Regulation, and          This Regulation shall enter into force on 1 September
that such refund will not be applied for.                       1991 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 30 August 1991 .
                                                                          For the Commission
                                                                           Karel VAN MIERT
                                                                     Member of the Commission
 ---pagebreak--- 31 . 8 . 91                             Official Journal of the European Communities                                               No L 243 /63
                                                                  ANNEX
             to the Commission Regulation of 30 August 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 :                                                                           36,55
                  Raw sugar :                                                                             33,62
                  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) :                                                                 36,55 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) :                                                                        36,55 (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 % .
            (') Amount of refund per 100 kilograms of dry matter.
                                             i