Commission Regulation (EEC) No 464/91 of 27 February 1991 amending Commission Regulation (EEC) No 1729/78, the Annex to Council Regulation (EEC) No 1010/86 and Annex I to Regulation (EEC) No 1785/81 in respect of the production refund for sugar used in the chemical industry

COMMISSION REGULATION (EEC) No 464/91  of 27 February 1991  amending Commission Regulation (EEC) No 1729/78, the Annex to Council Regulation (EEC) No 1010/86 and Annex I to Regulation (EEC) No 1785/81 in respect of the production refund for sugar  used in the chemical industry
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (1), as last amended by Regulation (EEC) No 305/91 (2), and in particular Articles 9 (6) and 19 (7) thereof,
Having regard to Council Regulation (EEC) No 1010/86 of 25 March 1986 laying down general rules for the production refund on certain sugar products used in the chemical industry (3), as last amended by Regulation (EEC) No 1771/90 (4), and in particular  Article 8
thereof,
Whereas experience acquired since the implementation of the new system of production refunds as from 1 July 1986 and more particularly since its modification as from 1 July 1990 shows that it is necessary for some of its technical and administrative  rules to be altered so that it can be applied more efficiently, particularly at the stage of the application for the production refund; whereas, to this end, the minimum tolerance used for considering that the person concerned has fulfilled his  principal obligation of processing the basic product or the intermediate product should also be raised in order to take into account the technical constraints of processing, particularly in the case of the fermentation processes where the yield varies  enormously depending on the reactions of micro-organisms; whereas it is also desirable for a maximum tolerance to be introduced to cover cases in which a processing operation is unsuccessful and the processor is forced to use a larger quantity of the  basic product than was initially considered necessary without him having, as a result, within this limit, to start a separate file in order for the additional quantity processed in this way to qualify under the system;
Whereas Commission Regulation (EEC) No 1729/78 (5), as last amended by Regulation (EEC) No 2029/90 (6), should be amended accordingly;
Whereas the regular review of the Annex to Regulation (EEC) No 1010/86 shows that it should be supplemented by a number of chemical products in the manufacture of which basic sugar-sector products are used; whereas these same products should therefore  be inserted in Annex I to Regulation (EEC) No 1785/81 relating to export refunds in order to bring it into line with the aforementioned Annex;
Whereas the product known as 'crispbread', containing added sugar, listed in the former Brussels Nomenclature, was included in the Common Customs Tariff; whereas it fell within subheading 19.08 B and was listed in Annex I to Regulation (EEC) No 1785/81;  whereas, however, when the old Common Customs Tariff was transposed into the new 'combined nomenclature' (CN) applicable from 1 January 1988, this product failed to be included in the Annex in question; whereas the former situation should therefore be  restored by inserting the product in Annex I to Regulation (EEC) No 1785/81;
Whereas, in order that uniform treatment and management be maintained throughout the marketing year, the abovementioned measures should be applied as from 1 July 1991, the beginning of the next marketing year;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,