CELEX: 31990R0521
Language: en
Date: 1990-03-01 00:00:00
Title: Commission Regulation (EEC) No 521/90 of 28 February 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 53/76                              Official Journal of the European Communities                                   1 . 3 . 90
                                     COMMISSION REGULATION (EEC) No 521/90
                                                     of 28 February 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
(1) (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 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          1 702 30 1 0,  1 702 40 1 0,    1 702 60 1 0 and 1 702 90 30,
                                                                   which are used in the manufacture of the chemical
in the form of goods not covered by Annex II to the
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, i/i 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               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 (*), 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 ;
                                                                    (*) OJ No L 94, 9. 4. 1986, p. 9 .
                                                                    (j OJ No L 201 , 27. 7. 1988, p. 65.
0 OJ No L 177, 1 . 7. 1981 , p. 4.                                  0 OJ No L 62, 7. 3. 1980, p. 5.
0 OJ No L 114, 27. 4. 1989, p. 1 .                                  (") OJ No L 199, 22. 7. 1983, p. 12.
(') OJ No L 323, 29. 11 . 1980, p. 27.                              f) OJ No L 87, 1 . 4. 1980, p. 42.
H OJ No L 286, 20. 10. 1988, p. 6.                                   10) OJ No L 48, 17. 2. 1987, p. 10.
 ---pagebreak--- 1 . 3. 90                             Official Journal of the European Communities                             No L 53/77
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 (l ) . 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 March 1990 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 28 February 1990 .
                                                                            For the Commission
                                                                             Karel VAN MIERT
                                                                        Member of the Commission
 ---pagebreak--- No L 53/78                            Official Journal of the European Communities                                                 1 . 3 . 90
                                                                ANNEX
           to the Commission Regulation of 28 February 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 :                                                                            26,95
                 Raw sugar :                                                                              24,79
                 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):                                                 26,95 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) :                                                                         26,95 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.