CELEX: 31990R2820
Language: en
Date: 1990-09-29 00:00:00
Title: Commission Regulation (EEC) No 2820/90 of 28 September 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

No L 268/54                                 Official Journal of the European Communities                                 29 . 9 . 90
                                        COMMISSION REGULATION (EEC) No 2820/90
                                                        of 28 September 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 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 1069/89 (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) 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 sucfose 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
3209/88 (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 .
                                                                       (6) 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  114, 27. 4. 1989, p. 1 .                               (8) OJ No L 199, 22. 7. 1983, p. 12.
(3) OJ  No   L  323, 29 . 11 . 1980, p. 27.                            O OJ No L 351 , 14. 12. 1987, p. 1 .
(4) OJ  No   L  286, 20 . 10. 1988, p. 6.                              (10) OJ No L 152, 16. 6. 1990, p. 33.
 ---pagebreak--- 29. 9. 90                            Official Journal of the European Communities                             No L 268/55
Whereas, in view of the present circumstances in the             basic products used in the manufacture of the chemical
German Democratic Republic and their effects on the              products to be exported have not benefited from the
market situation, no refund should be fixed for products         production refund provided for in that Regulation, and
to be exported to that destination ;                             that such refund will not be applied for.
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 fbr 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              will be reduced by the amount of the production refund
Annex hereto.
                                                                 applicable under Regulation (EEC) No 1010/86 to the
However, no refund shall be fixed for such products              basic product in question on the day of acceptance of the
exported with destination the German Democratic Repu­            export declaration for the goods, or on the day specified
blic .                                                           in Article 3 (2) of Commission Regulation (EEC) No
                                                                 798/80 ('), 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 October 1990.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 28 September 1990 .
                                                                           For the Commission
                                                                           Martin BANGEMANN
                                                                                Vice-President
                                                                 (») OJ No L 87, 1 . 4. 1980, p. 42.
 ---pagebreak--- No L 268 / 56                             Official Journal of the European Communities                                                29 . 9 . 90
                                                                   ANNEX
              to the Commission Regulation of 28 September 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 :                                                                            36,74
                    Raw sugar :                                                                              32,18
                    Syrups of beet sugar or cane sugar containing, in the
                    dry state, 85 % or more by weight of sucrose (inclu­                                               so
                    ding invert sugar expressed as sucrose) :                                                36,74 x ——          or
                                                                                                                       100
                     If those syrups are obtained by dissolving white or raw               The rate fixed above for 100 kg of
                     sugar in the solid state, whether or not the dissolving               white or raw sugar used for the
                     is followed by inversion :                                                           dissolution
                     Molasses :
                     Isoglucose (2) :                                                                        36,74 (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.