CELEX: 31988R3401
Language: en
Date: 1988-11-01 00:00:00
Title: Commission Regulation (EEC) No 3401/88 of 31 October 1988 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 299/52                                Official Journal of the European Communities                                  1 . 11 . 88
                                        COMMISSION REGULATION (EEC) No 3401 /88
                                                         of 31 October 1988
                   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 2306/88 (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 provide 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) 2306/88 (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 subheadings ex
                                                                      1702 60 90 and ex 1702 90 90 of the combined nomen­
tion ; whereas Council Regulation (EEC) No 3035/80 of
11 November 1980 laying down general rules for granting               clature having a certain purity, and unprocessed isoglu­
expbrt refunds for certain agricultural products exported             cose falling within subheadings 1702 30 10, 1702 40 10,
                                                                      1702 60 10 and 1702 90 30, which are used in the manu­
in the form of goods not covered by Annex II to the
Treaty, and the criteria for fixing the amount of such                facture of the chemical products listed in the Annex
refunds (3), as last amended by Regulation (EEC) No                   thereto ; whereas this production refunds' scheme has
3209/88 (4), specifies the products for which a rate of               been established in particular to bring the conditions
refund should be fixed, to be applied where these                     under which Community processors operate progressively
products are exported in the form of goods listed in                  into line with those of processors employing sugar at
Annex I of Regulation (EEC) No 1785/81 ;                              world market prices ; 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
Whereas, in accordance with the first subparagraph of                 be reduced by the amount of the production refund appli­
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of            cable to the basic product on the day of acceptance of the
 the refund per 100 kilograms for each of the basic                   export declaration ; whereas this system is the only one
                                                                      which discards the risk of fraud ;
 products in question must be fixed for each month ; and
 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                  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 (J), as amended by Regula­
                                                                       tion (EEC) No 2026/83 (8), and Commission Regulation
 (b) the level of the refunds on exports of processed agri­            (EEC) No 798/80 of 31 March 1980 laying down general
      cultural products covered by Annex II to the Treaty              rules on the advance payment of export refunds and posi­
      which are manufactured under similar conditions ;                tive monetary compensatory amounts in respect of agri­
                                                                       cultural products (9), as last amended by Regulation (EEC)
                                                                       No 471 /87 (10), lay down rules on the advance payment of
  (c) the need to ensure equality of competition for the               export refunds that must be adhered to when these are
       industries which use Community products and those               adjusted ;
       which use third-country products under inward
       processing arrangements ;                                       0 OJ No L 94, 9. 4. 1986, p. 9.
                                                                       (6) OJ No L 201 , 27. 7. 1988, p. 65.
  (') OJ  No  L  177,  1 . 7. 1981 , p. 4.                             Ì7) OJ No L 62, 7. 3. 1980, p. 5.
  (2) OJ  No  L  201 , 27. 7. 1988, p. 65.                             (•) OJ No L 199, 22. 7. 1983, p. 12.
  0   OJ  No  L  323,  29. 11 . 1980, p. 27.                           (9) OJ No L 87, 1 . 4. 1980, p. 42.
  (4) OJ  No  L  286,  20. 10. 1988, p. 6.                             H OJ No L 48, 17. 2. 1987, p. 10.
 ---pagebreak--- 1 . 11 . 88                          Official Journal of the European Communities                             No L 299/53
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 ,         (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 Regulation (EEC) No 798/80, if the
Annex to this Regulation shall be applied on presenta­           goods have been placed under the export refund advance
tion, at the acceptance of the export declaration and the        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 riot benefited from the
production refund provided for in that Regulation, and           This Regulation shall enter into force on 1 November
that such refund will not be applied for.                         1988 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 31 October 1988 .
                                                                           For the Commission
                                                                               COCKFIELD
                                                                               Vice-President
 ---pagebreak--- No L 299/54                            Official Journal of the European Communities                                                 1 . 11 . 88
                                                                 ANNEX
            to the Commission Regulation of 31 October 1988 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 :                                          38,01
                                                               Raw sugar :                                            33,23
                                                               Syrups of beet sugar or cane sugar
                                                               containing, in the dry state, 85 % or
                                                               more by weight of sucrose (including                           S (')
                                                               invert sugar expressed as sucrose) :               38,01 x
                                                                                                                              100
                                                               Molasses :
                                                               Isoglucose (2) :                                      38,01 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.