CELEX: 31988R2717
Language: en
Date: 1988-09-01 00:00:00
Title: Commission Regulation (EEC) No 2717/88 of 31 August 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 241 /72                            Official Journal of the European Communities                                   1 . 9 . 88
                                     COMMISSION REGULATION (EEC) No 2717/88
                                                      of 31 August 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 fegard 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 (*)
(1 ) (a), (c), (d), (f) and (g) of that Regulation an export       provides for the granting of production refunds of white
refund may be granted when these goods are exported in             sugar, raw sugar, certain sucrose syrups falling within
the form of goods listed in Annex I to that same Regula­           subheadings ex 1702 60 90 and ex 1702 90 90 of the
tion ; whereas Council Regulation (EEC) No 3035/80 of              combined nomenclature having a certain purity, and
 1 1 November 1980 laying down general rules for granting          unprocessed isoglucose falling within subheadings
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
4055/87 (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 of 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 (6), as last amended by
                                                                    Regulation (EEC) No 2026/83 (*), and Commission Regu­
  (b) the level of the refunds on exports of processed agri­         lation (EEC) No 798/80 of 31 March 1980 laying down
       cultural products covered by Annex II to the Treaty          general rules on the advance payment of export refunds
       which are manufactured under similar conditions ;
                                                                     and positive monetary compensatory amounts in respect
                                                                     of agricultural products (8), as last amended by Regulation
  (c) the need to ensure equality of competition for the             (EEC) No 471 /87 (9), lay down rules on the advance
       industries which use Community products and those             payment of export refunds that must be adhered to when
       which use third-country products under inward                 these are adjusted ;
       processing arrangements ;
                                                                     (*) 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.
  h) OJ No L 201 , 27. 7. 1988, p. 65.                               I7) OJ No L 199, 22. 7. 1983, p. 12.
   3 OJ No L 323, 29. 11 . 1980, p. 27.                              («) OJ No L 87, 1 . 4. 1980, p. 42.
  0 OJ No L 379, 31 . 12. 1987, p. 1 .                               0 OJ No L 48, 17. 2. 1987, p. 10.
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                                         Official Journal of the European Communities                            No L 241 /73
  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
 HAS ADOPTED THIS REGULATION :
                                                                    tion refund as provided for in Regulation (EEC) No
                                                                    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
(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
                                                                   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.                          1988 .
                   This  Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 31 August 1988.
                                                                            For the Commission
                                                                             Frans ANDRIESSEN
                                                                                Vice-President
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