CELEX: 31988R4171
Language: en
Date: 1988-12-31 00:00:00
Title: Commission Regulation (EEC) No 4171/88 of 30 December 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 367/52                           Official Journal of the European Communities                               31 . 12. 88
                                     COMMISSION REGULATION (EEC) No 4171/88
                                                   of 30 December 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 (*), 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
export refunds for certain agricultural products exported        cose falling within subheadings 1702 30 10, 1702 40 10,
in the form of goods not covered by Annex II to the              1702 60 10 and 1702 90 30 , which are used in the manu­
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 ;
                                                                 C5) OJ No L 94, 9. 4. 1986, p. 9.
                                                                 («) OJ No L 201 , 27. 7. 1988 , p. 65.
(') OJ No L 177, 1 . 7. 1981 , p. 4.                             0 OJ No L 62, 7. 3. 1980, p. 5.
(2) OJ No L 201 , 27. 7. 1988, p. 65.                            (8) OJ No L 199, 22. 7. 1983, p. 12.
0 OJ No L 323, 29. 11 . 1980, p. 2!                              0 OJ No L 87, 1 . 4. 1980, p. 42.
f4) OI No L 286. 20. 10 . 1988, p. 6.                             10) OJ No L 48, 17. 2. 1987, p. 10.
 ---pagebreak--- 31 . 12. 88                          Official Journal of the European Communities                             No L 367/53
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 ,
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 Regulation (EEC) No 798/80, if the
tion, at the acceptance of the export declaration and the        goods have been placed under the export refund advance
request for obtaining the export refund, of proof that the       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 1989 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 30 December 1988 .
                                                                           For the Commission
                                                                               COCKFIELD
                                                                              Vice-President
                                                                                                       /
 ---pagebreak--- No L 367/ 54                            Official Journal of the European Communities                                                31 . 12. 88
                                                                  ANNEX
             to the Commission Regulation of 30 December 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 :                                           36,91
                                                               Raw sugar :                                             33,95
                                                               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) :                36,91 x —
                                                                                                                               100
                                                               Molasses :
                                                               Isoglucose (2) :                                       36,91 0
             (') '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.