Council Regulation (EEC) No 1438/90 of 21 May 1990 amending Regulation (EEC) No 1010/86 laying down general rules for the production refund on certain sugar products used in the chemical industry

COUNCIL  REGULATION (EEC) No 1438/90
of 21 May 1990
amending Regulation (EEC) No 1010/86 laying down general rules for the production refund on certain sugar products 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 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 1069/89 (2), and in particular Article 9 (5) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (3),
Whreas, pursuant to Regulation (EEC) No 1010/86 (4), as last amended by Regulation (EEC) No 2306/88 (5), production refunds, given the specific character of the sugar production system, cannot be claimed for basic sugar products used in the manufacture of chemically pure fructose (laevulose) falling within CN code 1702 50 00; whereas, as the production refund system does not apply in this case and as imports at zero or low duty originating in certain third countries linked to the Community by free trade agreements are increasing, the Community laevulose industry operates in a situation of undue disadvantage when compared with that of the laevulose industry obtaining supplies on the world market;
Whereas, under these circumstances and in order to avoid laevulose being used for food purposes, which could pose a serious threat to the sugar market, that product should be treated as an intermediate product eligible for production refunds provided it is obtained from a basic product of Community origin and is used for its processing into one of the chemical products referred to in the Annex to Regulation (EEC) No 1010/86; whereas it is also desirable to establish the possibility of setting limits, where necessary, to take account of the development of the market in laevulose,