CELEX: 31968R0835
Language: en
Date: 1968-06-28 00:00:00
Title: Regulation (EEC) No 835/68 of the Commission of 28 June 1968 laying down detailed rules for the application of the production refund on sugar used in the chemical industry

218                                 Official Journal of the European Communities
 30.6.68                             Official Journal of the European Communities                          No L 151 /35
                            REGULATION (EEC) No 835/68 OF THE COMMISSION
                                                    of 28 June 1968
                laying down detailed rules for the application of the production refund on sugar used in
                                                 the chemical industry
THE     COMMISSION        OF THE     EUROPEAN      COM­         State; whereas, in order to counteract the effects of
MUNITIES ,                                                      delays in payment of the refund, provision should be
                                                                made for an advance to be paid to the holder of the
                                                                certificate as soon as the basic products have been
Having regard to the Treaty establishing the European           placed under control; whereas, correspondingly, pro­
Economic Community;                                             vision should be made for the lodging of an adequate
                                                                deposit to serve as a guarantee to the Member State
Having regard to Council Regulation No 1009/67/                 concerned, should processing of the basic product not
EEC1 of 18 December 1967 on the common organis­                 be carried out in accordance with the conditions laid
ation of the market in sugar, and in particular                 down in the refund certificate ; whereas, however, the
Article 9 ( 8 ) thereof;                                        Member State concerned should be free to decide
                                                                on appropriate measures to deal with cases of force
Whereas Council Regulation (EEC) No 765/68/EEC2                 majeure which prevent a certificate holder from ful­
 of 18 June 1968 laid down general rules for the pro­           filling his obligations ;
 duction refund on sugar used in the chemical in­
dustry; whereas de'tailed rules for the application of          Whereas since final payment of the production re­
that Regulation appear to be necessary ;                        fund may be made only after processing has taken
                                                                place and since the trade has an interest in being
Whereas no decision on the granting of the production           paid as early as possible, this must be effected shortly
refund can be taken unless precise information is               after processing;
available ; whereas persons qualifying for the refund
should therefore be requested to submit a prior appli­          Whereas the production refund applies only to the
cation in writing which would give certain in­                  quantities of basic products actually used; whereas
formation ;                                                     payment is therefore limited to these quantities ;
                                                                whereas, however, where a conversion ratio is used,
Whereas, for the purposes of documentation and                  it acts as a ceiling for payment;
control, a refund certificate must be introduced which
is valid for a period which is long enough to allow the         Whereas the amount of the production refund should
 trade to make long-term arrangements and gives the             be adjusted under certain circumstances in the light
information necessary to fix the production refund;             of alterations in the intervention prices used as a
whereas, in order to guarantee that the sugar con­              basis for fixing the amount of that refund ;
cerned is used for the purpose for which the refund
certificate was issued, only the applicant should be            Whereas the measures provided for in this Regulation
able to claim on the basis of the certificate after the         are in accordance with the Opinion of the Manage­
basic product in question has been processed ;                  ment Committee for Sugar ;
Whereas, in order to make it possible to check that
the basic products have been put to the intended use,           HAS ADOPTED THIS REGULATION :
a competent body which would have access to all
necessary information must be set up in each Member
                                                                                          Article 1
1 OJ No 308 , 18.12.1967, p. 1 .                                1 . Application for a production refund shall be
2 OJ No L 143 , 25.6.1968 , p . 1 .                             made in writing.
 ---pagebreak---                                      Official Journal of the European Communities                                     219
2. The application shall state :                                                        Article 5
 ( a) the name and address of the processor;                    1 . Member States shall designate the competent
 (b) the quantity of basic products to be processed,            authorities to effect control of the processing of basic
      expressed in terms of white sugar;                        products.
 (c) the nature of the basic products to be processed ;         2. The holder of a refund certificate shall give the
 (d) the use to which the basic products are to be              following information in writing in time to enable
      put; and                                                  the authorities referred to in paragraph 1 to effect
                                                                the control :
 (e) the place of processing.
                                                                 ( a) his name and address ;
The statement of the use to which the basic products
are to be put shall indicate the Annex to Regulation            ( b) the nature and quantity of the basic products to
(EEC) No 765/68/EEC which lists the chemical prod­                    be processed ;
uct into which the basic product will be processed.             (c) the place where the basic products in question
                                                                      are located when the information is furnished .
3 . Member States may require applicants to furnish
additional information.
                                                                Member States may require certificate holders to
                                                                furnish additional information .
                         Article 2
1 . Member States shall issue a refund certificate on
                                                                                        Article 6
receipt of the application.
                                                                As soon as the basic products have been placed under
2 . Member States shall use national forms for the              control, Member States may make an advance pay­
refund certificate which, without prejudice to the              ment to the certificate holder amounting to not more
provisions of other Regulations , Directives or De­             than 80%) of the production refund indicated on that
cisions adopted by Community institutions, shall con­           certificate .
tain at least the information set out in paragraph 3 .
3 . The refund certificate shall indicate :                                             Article 7
(a) the name and address of the holder;                         1 . If an advance is paid, Member States shall re­
                                                                quire a deposit or recognised equivalent guarantee to
(b) the date on which the application was lodged ;              be lodged, ensuring repayment of the advance plus
                                                                5°/o .
(c) the quantity of basic products to be processed,
      expressed in terms of white sugar ;
                                                                2. The deposit shall be released once processing has
(d) the use to which the basic product is to be put;            taken place in accordance with the conditions laid
(e) the production refund for white sugar applicable            down in the refund certificate or when the advance
      the day on which the application was lodged ;             plus 5% has been repaid.
(f) the last day of validity of the certificate ;
                                                                3 . Subject to the provisions of paragraph 4, the re­
(g) the place of processing.                                    payment referred to in paragraph 1 shall be in pro­
                                                                portion to the quantities of basic products which
                         Article 3                              have not been processed under the conditions laid
                                                                down in the refund certificate.
1 . The issue of a refund certificate confers the right
to payment of the production refund indicated in the            If the advance is not repaid, the deposit shall be for­
certificate after the basic products have been pro­             feited in proportion to the amount of the advance
cessed in accordance with the conditions laid down              to be recovered .
in the certificate.
                                                                4. If processing cannot be carried out under the
1 . The rights conferred by the certificate are not             conditions laid down in the refund certificate owing
transferable .                                                  to circumstances to be considered to constitute cases
                         Article 4                              of force majeure, and if an application is made to
                                                                have such circumstances taken into consideration, the
The refund certificate shall be valid from the day              Member State concerned shall adopt the measures
of issue to the end of the fifth month following the            which it considers necessary in the light of the
month of issue .                                                circumstances invoked.
 ---pagebreak--- 220                                   Official Journal of the European Communities
                          Article 8                               ( 1 ) there is an alteration in the intervention price for
                                                                        white sugar valid for the area in which the place
The production refund or, where an advance has                          of processing is situated, in the case of basic prod­
been paid, the difference between the amount ad­                        ucts used in the manufacture of products listed
vanced and the amount of the production refund,                         in Annexes I and II to Regulation (EEC) No
shall be paid :                                                         756/68 ;
( 1 ) at the earliest, after it has been established that
      the basic products have been processed under                (2) there is an alteration in the arithmetic mean of
      the conditions laid down in the refund certificate;               the intervention price for white sugar valid for
                                                                        the Community area having the largest surplus
 (2) at the latest, at the end of the month following                   and the intervention price for white sugar valid
      the month in which it was established that pro­                   for the area in which the place of processing is
      cessing was completed.                                            situated, in the case of basic products used in the
                                                                        manufacture of products listed in Annexes I and
                          Article 9                                     II to Regulation (EEC) No 765/68 ;
1 . The production refund shall be paid in respect                the production refund to be paid shall be equal to
of the quantity of basic product processed.                       that indicated in the refund certificate, adjusted in the
                                                                  light of the alteration in question. The refunds shall
2. However, where a conversion ratio is used, the                 not however be adjusted in the case of basic prod­
production refund may not exceed an amount cal­                   ucts which are still under processing control when
culated by multiplying the quantity of chemical prod­             the alteration occurs .
ucts obtained by that ratio .
For the purposes of this Regulation , 'conversion                                       •  Article ■ 11
ratio' means the coefficient equal to the quantity of
basic product, expressed in kilogrammes of white                  For the purposes of this Regulation, syrup containing
sugar, needed for the manufacture of one kilogramme               sucrose shall be treated as equivalent to a quantity
of chemical product.                                              of white sugar corresponding to the amount of
                                                                  sucrose contained in that syrup.
                         Article 10
If between the date on which the application for                                           Article 12
the production refund is lodged and the date on
which the basic products are processed :                          This Regulation shall enter into force on 1 July 1968 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Brussels, 28. June 1968.
                                                                                        For the Commission
                                                                                           The President
                                                                                              Jean REY