CELEX: 31978R1400
Language: en
Date: 1978-06-20 00:00:00
Title: Council Regulation (EEC) No 1400/78 of 20 June 1978 laying down general rules for the production refund on sugar used in the chemical industry

Avis juridique important

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31978R1400

Council Regulation (EEC) No 1400/78 of 20 June 1978 laying down general rules for the production refund on sugar used in the chemical industry  

Official Journal L 170 , 27/06/1978 P. 0009 - 0012 Greek special edition: Chapter 03 Volume 21 P. 0194  Spanish special edition: Chapter 03 Volume 14 P. 0146  Portuguese special edition Chapter 03 Volume 14 P. 0146 

****( 1 ) OJ NO L 359 , 31 . 12 . 1974 , P . 1 .  ( 2 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .  ( 3 ) OJ NO L 143 , 25 . 6 . 1968 , P . 1 .  ( 1 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 .  ( 2 ) OJ NO L 156 , 14 . 6 . 1978 , P . 1 .  ( 3 ) OJ NO L 89 , 10 . 4 . 1968 , P . 3 .    COUNCIL REGULATION ( EEC ) NO 1400/78   OF 20 JUNE 1978   LAYING DOWN GENERAL RULES FOR THE PRODUCTION REFUND ON SUGAR USED IN THE CHEMICAL INDUSTRY   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3330/74 OF 19 DECEMBER 1974 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1396/78  ( 2 ), AND IN PARTICULAR ARTICLE 9 ( 5 ) THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   WHEREAS UNDER ARTICLE 9 ( 4 ) OF REGULATION ( EEC ) NO 3330/74 IT MAY BE DECIDED TO GRANT PRODUCTION REFUNDS ON SUGAR AND SYRUPS COVERED BY THAT REGULATION WHICH ARE USED IN THE MANUFACTURE OF CERTAIN PRODUCTS OF THE CHEMICAL INDUSTRY ;   WHEREAS , AS A RESULT OF TECHNICAL DEVELOPMENTS IN THE CHEMICAL INDUSTRY , THE PRODUCTS OF THIS INDUSTRY , WHICH IT WAS FORMERLY POSSIBLE TO MANUFACTURE ONLY EITHER FROM SUGAR OR MAIZE , MAY NOW BE OBTAINED FROM BOTH OF THESE BASIC PRODUCTS ; WHEREAS , CONSEQUENTLY , IN ORDER TO ACHIEVE EQUALITY OF TREATMENT , PROVISION SHOULD BE MADE FOR THE GRANTING OF A PRODUCTION REFUND ON SUGAR CORRESPONDING TO THAT GRANTED ON MAIZE PROCESSED INTO STARCH , AFTER THE APPLICATION OF A YIELD COEFFICIENT ; WHEREAS THE AMOUNT OF THE PRODUCTION REFUND ON SUGAR WILL THEREFORE BE A FUNCTION OF THAT ON MAIZE ;   WHEREAS RAW SUGAR AND SYRUPS CONTAINING SUCROSE CAN ALSO BE USED IN THE PROCESSING INDUSTRY ; WHEREAS THE PRODUCTION REFUND ON THESE BASIC PRODUCTS SHOULD THEREFORE BE THAT FOR WHITE SUGAR , ADJUSTED BY REFERENCE TO THE RESPECTIVE YIELDS ;   WHEREAS , TO AVOID ABUSES , PROVISION SHOULD BE MADE FOR THE PRODUCTION REFUND TO BE GRANTED ONLY IF OTHER USES ARE EXCLUDED BY MEANS OF CONTROLS ;   WHEREAS SUCH CONTROLS CAN BE FACILITATED IF THE PRODUCTION REFUND IS PAID ONLY ON APPLICATION BY THE PROCESSOR ;   WHEREAS CONTROLS MAY , IN CERTAIN CASES , BE RENDERED MORE EFFECTIVE IF PROVISION IS ALSO MADE FOR AN APPROVAL PROCEDURE ; WHEREAS THE MEMBER STATE IN WHOSE TERRITORY PROCESSING TAKES PLACE SHOULD BE FREE TO DECIDE WHETHER OR NOT TO REQUIRE SUCH APPROVAL ;   WHEREAS THIS REGULATION IS INTENDED TO REPLACE COUNCIL REGULATION ( EEC ) NO 765/68 OF 18 JUNE 1968 LAYING DOWN GENERAL RULES FOR THE PRODUCTION REFUND ON SUGAR USED IN THE CHEMICAL INDUSTRY ( 3 ); WHEREAS THE LATTER REGULATION SHOULD THEREFORE BE REPEALED ,   HAS ADOPTED THIS REGULATION :   ARTICLE 1   A PRODUCTION REFUND SHALL BE GRANTED UNDER THE CONDITIONS LAID DOWN IN THIS REGULATION ON THE PRODUCTS LISTED IN ARTICLE 1 ( 1 ) ( A ) OF REGULATION ( EEC ) NO 3330/74 AND ON THE SUCROSE SYRUPS OF SUBHEADING EX 17.02 D II OF THE COMMON CUSTOMS TARIFF ( HEREINAFTER CALLED ' BASIC PRODUCTS ' ) WHICH ARE USED IN THE MANUFACTURE OF THE PRODUCTS OF THE CHEMICAL INDUSTRY LISTED IN THE ANNEX ( HEREINAFTER CALLED ' CHEMICAL PRODUCTS ' ).   ARTICLE 2   1 .  THE PRODUCTION REFUND SHALL BE GRANTED BY THE MEMBER STATE IN WHOSE TERRITORY PROCESSING OF THE BASIC PRODUCTS TAKES PLACE .   2 .  THE MEMBER STATE MAY GRANT THE REFUND ONLY IF CUSTOMS CONTROL , OR ADMINISTRATIVE INSPECTION AFFORDING EQUIVALENT GUARANTEES , ENSURES THAT THE BASIC PRODUCTS ARE USED FOR THE PURPOSE SPECIFIED IN THE APPLICATION REFERRED TO IN ARTICLE 3 .   ARTICLE 3   1 .  THE PRODUCTION REFUND SHALL BE GRANTED ONLY TO PROCESSORS WHO GUARANTEE THAT THE CONTROL PROVIDED FOR IN ARTICLE 2 ( 2 ) CAN BE CARRIED OUT AT ANY TIME AND WHO HAVE SUBMITTED AN APPLICATION SPECIFYING THE CHEMICAL PRODUCT IN THE MANUFACTURE OF WHICH THE BASIC PRODUCT IS TO BE USED .   2 ,  THE MEMBER STATE CONCERNED MAY MAKE ENTITLEMENT TO THE REFUND SUBJECT TO THESE PROCESSORS RECEIVING PRIOR APPROVAL .   ARTICLE 4   THE AMOUNT OF THE PRODUCTION REFUND ON WHITE SUGAR SHALL BE EQUAL TO THAT OF THE PRODUCTION REFUND FIXED , PURSUANT TO ARTICLE 11 ( 1 ) ( A ) OF COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1254/78  ( 2 ), FOR MAIZE USED IN THE COMMUNITY IN THE MANUFACTURE OF STARCH , CALCULATED PER 100 KILOGRAMS OF DRY MATTER OF GLUCOSE , USING A YIELD COEFFICIENT TO BE DETERMINED .   ARTICLE 5   THE AMOUNT OF THE PRODUCTION REFUND GRANTED PER 100 KILOGRAMS OF RAW SUGAR SHALL BE EQUAL TO ONE HUNDREDTH OF THE AMOUNT APPLICABLE ON THE USE OF WHITE SUGAR , MULTIPLIED BY THE YIELD OF THE RAW SUGAR USED , WHICH YIELD SHALL BE DETERMINED IN ACCORDANCE WITH ARTICLE 1 OF COUNCIL REGULATION ( EEC ) NO 431/68 OF 9 APRIL 1968 DETERMINING THE STANDARD QUALITY FOR RAW SUGAR AND FIXING THE COMMUNITY FRONTIER CROSSING POINT FOR CALCULATING CIF PRICES FOR SUGAR  ( 3 ).   ARTICLE 6   THE AMOUNT OF THE PRODUCTION REFUND GRANTED PER 100 KILOGRAMS OF THE SUCROSE SYRUPS REFERRED TO IN ARTICLE 1 SHALL BE EQUAL TO ONE HUNDREDTH OF THE AMOUNT APPLICABLE ON THE USE OF WHITE SUGAR MULTIPLIED BY THE SUCROSE CONTENT OF THE SYRUP USED .   ARTICLE 7   REGULATION ( EEC ) NO 765/68 IS HEREBY REPEALED .   ARTICLE 8   THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL APPLY FROM 1 AUGUST 1978 .   THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .   DONE AT LUXEMBOURG , 20 JUNE 1978 .   FOR THE COUNCIL   THE PRESIDENT   P . DALSAGER ****    ANNEX    LIST OF PRODUCTS    //   // CCT HEADING NO  //  DESCRIPTION  //  // ****   EX 13.03 C III   CARRAGEENAN   EX 15.11 B   GLYCEROL , OTHER THAN CRUDE   EX 17.02 D II   SORBOSE   28.17 A   SODIUM HYDROXIDE ( CAUSTIC SODA )   EX 28.45 B   SODIUM SILICATES   EX 29.04 C I   DIOLS   29.04 C II   MANNITOL   29.04 C III   SORBITOL   29.04 C IV   OTHER POLYHYDRIC ALCOHOLS   29.05 A III   STEROLS AND INOSITOLS   EX 29.10 B   METHYL-GLUCOSIDES   EX 29.14 A OR B   MANNITOL AND SORBITOL ESTERS ; SODIUM HEPTONATE   29.15 A I   OXALIC ACID , ITS SALTS AND ESTERS   EX 29.15 A V   CITRACONIC ACID , ITACONIC ACID , SUCCINIC ACID , THEIR SALTS AND ESTERS   29.16 A I   LACTIC ACID , ITS SALTS AND ESTERS   29.16 A III   TARTARIC ACID , ITS SALTS AND ESTERS   29.16 A IV   CITRIC ACID , ITS SALTS AND ESTERS   EX 29.16 A VIII   GLYCERIC ACID , GLYCOLLIC ACID , SACCHARONIC ACID , ISOSACCHARONIC ACID , HEPTASACCHARIC ACID , THEIR SALTS AND ESTERS   EX 29.16 C III   KETOGLUTARIC ACID , LEVULINIC ACID , THEIR SALTS AND ESTERS   EX 29.16 D   GLUCURANIC ACID , KETOGLUCONIC ACID , THEIR SALTS AND ESTERS ; LACTOBIONATES   EX 29.19 A   LACTOPHOSPHATES   EX 29.22 D II   TETRAMETHYL-PARA-AMINOTRIPHENYLCARBINOL   29.23 D   AMINO-ACIDS   29.35 A   FURFURAL ( FURFUROL ) AND BENZOFURAN ( COUMARONE )   29.35 B   FURFURYL AND TETRAHYDROFURFURYL ALCOHOLS   29.35 I J   NUCLEIC ACIDS AND THEIR SALTS   EX 29.35 Q   HYDROXYMETHYLFURFURAL AND DERIVATIVES , LACTIDE , PURINE , PYRIMIDINE , MALTOL , ISOMALTOL , PIPERIDINE , PIPERAZINE , LACTONES OF GLUCARIC ACID , LACTONES OF GLUCURONIC ACID , ANHYDRIC COMPOUNDS OF MANNITOL AND SORBITOL , AS FOR EXAMPLE SORBITAN , EXCLUDING MALTOL AND ISOMALTOL   EX 29.38 B II   VITAMIN B 12   29.38 B IV   VITAMIN C   EX 29.39 E   OTHER HORMONES   EX 29.43 B   LEVULOSE , ITS SALTS AND ESTERS ; SORBOSE , ITS SALTS AND ESTERS   29.44 A   PENICILLINS   29.44 C   OTHER ANTIBIOTICS   EX 30.03 A II   MEDICAMENTS ( INCLUDING VETERINARY MEDICAMENTS ) NOT PUT UP FOR RETAIL SALE , CONTAINING PENICILLIN , STREPTOMYCINE OR THEIR DERIVATIVES , OR CONTAINING OTHER ANTIBIOTICS OR DERIVATIVES THEREOF   EX 32.01 B   TANNIN ETHERS   32.05 A   SYNTHETIC ORGANIC DYESTUFFS   32.05 C   SYNTHETIC ORGANIC PRODUCTS OF THE TYPE USED AS  ' LUMINOPHORES '   32.05 D   PRODUCTS OF THE KIND KNOWN AS OPTICAL BLEACHING AGENTS , SUBSTANTIVE TO THE FIBRE   EX 34.01   TRANSLUCENT SOAPS   34.02   ORGANIC SURFACE-ACTIVE AGENTS ; SURFACE-ACTIVE PREPARATIONS AND WASHING PREPARATIONS , WHETHER OR NOT CONTAINING SOAP   EX 35.03 B   GLUES DERIVED FROM BONES , HIDES , NERVES , TENDONS OR FROM SIMILAR PRODUCTS , AND FISH GLUES   EX 35.07   ENZYMES   EX 38.11 B   ORGANO-COPPER PREPARATIONS   EX 38.11 D   DISINFECTANTS , INSECTICIDES , FUNGICIDES , HERBICIDES , RAT POISONS , ANTI-PARASITE PREPARATIONS AND SIMILAR PRODUCTS PUT UP IN FORMS OR PACKINGS FOR SALE BY RETAIL OR AS PREPARATIONS OR ARTICLES ( FOR EXAMPLE SULPHUR-TREATED BANDS , WICKS AND CANDLES , FLY-PAPERS ) EXCLUDING PREPARATIONS BASED ON ETHYLENE DIBROMIDE CONTAINING A MAXIMUM OF 70 % BY WEIGHT OF ETHYLENE DIBROMIDE ( 1.2  -  DIBROMOETHANE ) PRESENTED IN THE FORM OF EMULSIONS CONTAINING AN EMULSIFYING PRODUCT IN A PROPORTION OF 3-5 % BY WEIGHT AND HAVING AS DILUENT XYLENE OR PETROLEUM   EX 38.12 A   PREPARED DRESSINGS OF THE TYPE USED IN THE TEXTILE INDUSTRY   38.19 Q   FOUNDRY CORE BINDERS BASED ON SYNTHETIC RESINS   38.19 T   SORBITOL , OTHER THAN THAT FALLING WITHIN SUBHEADING 29.04 C III   EX 38.19 U   PRODUCTS FROM CRACKING OF SORBITOL ; PARTING AGENTS FOR EXPOSED AGGREGATE CONCRETE , RETARDING AGENTS FOR CEMENT HARDENING ; SOFTENING AGENTS , FOUNDRY CORE BINDERS BASED ON SODIUM SILICATE , EPOXY POLISHERS ; CALCIUM POLYLACTATE , LACTOGLYCERIDES   39.01 C I   PHENOPLASTS   39.01 C II   AMINOPLASTS   EX 39.01 C VII   POLYALKYLENE GLYCOL ETHERS   EX 39.06 B   DEXTRANS AND HETEROPOLYSACCHARIDES