CELEX: 31993R1056
Language: en
Date: 1993-05-01 00:00:00
Title: Commission Regulation (EEC) No 1056/93 of 30 April 1993 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

1 . 5. 93                                    Official Journal of the European Communities                           No L 108 /67
                                          COMMISSION REGULATION (EEC) No 1056/93
                                                            of 30 April 1993
                     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 3814/92 (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 0, as
( l)(a), (c), (d), (f) and (g) of that Regulation, an export           last amended by Regulation (EEC) 464/91 (6), provides for
refund may be granted when these goods are exported in                 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               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
3381 /90 (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, 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 f), as amended by Regula­
(b) the level of the refunds on exports of processed agri­             tion (EEC) No 2026/83 (8), and Commission Regulation
     cultural products covered by Annex II to the Treaty               (EEC) No 3665/87 of 27 November 1987 laying down
     which are manufactured under similar conditions ;                 common detailed rules for the application of the system
                                                                       of export refunds on agricultural products (9), as last
                                                                       amended by Regulation (EEC) No 1525/92 (10), lay down
(c) the need to ensure equality of competition for the                 rules on the advance payment of export refunds that must
     industries which use Community products and those                 be adhered to when these are adjusted ;
     which use third-country products under inward
     processing arrangements ;
                                                                       0 OJ No L 94, 9. 4. 1986, p. 9.
                                                                       (6) OJ No L 54, 28. 2. 1991 , p. 22.
(') OJ   No   L 177,   1 . 7. 1981 , p. 4.                             0 OJ No L 62, 7. 3. 1980, p. 5.
0   OJ   No   L 387,   31 . 12. 1992, p. 7.                            (8) OJ No L 199, 22. 7. 1983, p. 12.
0   OJ   No   L 323,   29. 11 . 1980, p. 27.                           0 OJ No L 351 , 14. 12. 1987, p. 1 .
(4) OJ   No   L 327,   27. 11 . 1990, p. 4.                            H OJ No L 160, 13. 6. 1992, p. 7.
 ---pagebreak--- No L 108/68                           Official Journal of the European Communities                                  1 . 5. 93
Whereas Council Regulation (EEC) No 990/93 (') prohi­           basic products used in the manufacture of the chemical
bits trade between the European Economic Community              products to be exported have not benefited from the
and the Federal Republic of Yugoslavia (Serbia and              production refund provided for in that Regulation, and
Montenegro) ; whereas this prohibition does not apply in        that such refund will not be applied for.
certain situations as comprehensively listed in Articles 2,
4, 5 and 7 thereof ; whereas account should be taken of         The proof referred to in the first subparagraph is provided
this fact when fixing the refunds ;                             by the presentation by the exporter of a declaration from
                                                                the processor of the basic product in question attesting
Whereas the measures provided for in this Regulation are        that the latter product has not benefited from a produc­
in accordance with the opinion of the Management                tion refund as provided for in Regulation (EEC) No
Committee for Sugar,                                            1010/86, and that no application for such refund will be
                                                                made .
HAS ADOPTED THIS REGULATION :
                                                                3. When the proof referred to in paragraph 2 is not
                                                                provided, the export refund :
                         Article 1                              (a) applicable on the date of export of the goods, when
                                                                    the rate is not fixed in advance ; or
1 . Without prejudice to paragraphs 2 and 3, the rates of       (b) of which the rate is fixed in advance,
the refunds applicable to the basic products appearing in
Annex A to Regulation (EEC) No 3035/80 and listed in            will be reduced by the amount of the production refund
Article 1 (1 ) and (2) of Regulation (EEC) No 1785/81 ,         applicable under Regulation (EEC) No 1010/86 to the
exported in the form of goods listed in Annex I to Regu­        basic product in question on the day of acceptance of the
lation (EEC) No 1785/81 , are fixed as shown in the             export declaration for the goods, or on the day specified
Annex hereto.                                                   in Article 3 (2) of Commission Regulation (EEC) No
                                                                3665/87, if the goods have been placed under the export
2. For the chemical products listed in the Annex to             refund advance payment arrangements.
Regulation (EEC) No 1010/86, the refunds given in the
Annex to this Regulation shall be applied on presenta­                                   Article 2
tion, at the acceptance of the export declaration and the
request for obtaining the export refund, of proof that the      This Regulation shall enter into force on 1 May 1993.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 30 April 1993.
                                                                          For the Commission
                                                                          Martin BANGEMANN
                                                                      Member of the Commission
(') OJ No L 102, 28 . 4. 1993, p. 14.
 ---pagebreak--- 1 . 5. 93                             Official Journal of the European Communities                                                No L 108/69
                                                                ANNEX
          to the Commission Regulation of 30 April 1993 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 0 —
          White sugar :                                                                                  35,73
          Raw sugar :                                                                                    32,87
          Syrups of beet sugar or cane sugar, other than the syrups
          obtained by dissolving white or raw sugar in the solid
          state, containing, in the dry state, 85 % or more by weight                                                 SO
          of sucrose (including invert sugar expressed as sucrose) :                                     35,73 0 x —— or
                                                                                                                      100
          For syrups obtained by dissolving white or raw sugar in                      the rate fixed above for 100 kg of
          the solid state, whether or not the dissolving is followed                   white or raw sugar used for the
          by inversion :                                                                              dissolution
          Molasses :
          Isoglucose (2) :                                                                               35,73 (3
           (*) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where
                the conditions laid down in Regulation (EEC) No 990/93 are observed.
          (') '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.
          (*) The basic amount is not applicable to the product defined under point 2 of the Annex to Regulation (EEC)
               No 3513/92 (OJ No L 355, 5. 12. 1992, p. 12).