31968R0765

150 Official Journal of the European Communities

25.6.68 Official Journal of the European Communities No L 143 / 1

REGULATION (EEC) No 765/68 OF THE COUNCIL

of 18 June 1968

laying down general rules for the production refund on sugar used in the chemical industry

THE COUNCIL OF THE EUROPEAN COMMUNITIES , appropriate since it allows price trends to be ob­ served while ensuring a relatively stable refund ;

Having regard to the Treaty establishing the Whereas to avoid discouraging the use of cereals, European Economic Community ; sugar intended for use in the manufacture of the products listed in Annex I, which can also be manu­ Having regard to Council Regulation No 1009/67/ factured from maize, must be made available to the EEC1 of 18 December 1967 on the common organisa­ chemical industry at a price which takes this fact into account ; whereas, this price should therefore be tion of the market in sugar, and in particular Article 9 (7) thereof; fixed at 13-30 units of account per 100 kilogrammes of white sugar and provision made for the subsequent adjustment of that price on the basis of certain ob­ Having regard to the proposal from the Commission ; jective factors which would make it possible to assess developments in the processing industry ; Whereas Article 9 (6) of Regulation 1009/67/EEC provides for a production refund on sugar and on Whereas, when the production refund is being fixed syrups containing sucrose used in the manufacture for sugar used in the manufacture of the products of certain products of the chemical industry ; listed in Annex II, which can also be manufactured from molasses, the relationship between the price Whereas, to avoid abuses, provision should be made for sugar and that for molasses should be taken into for the production refund to be granted only if other account ; uses are excluded by means of controls ; Whereas sugar used in the manufacture of the pro­ Whereas control can be facilitated if the production ducts listed in Annex III is not in direct competition refund is paid only on application by the processor ; with other basic products ; whereas the production refund can therefore be based on the difference Whereas controls would, in certain cases, be made between the intervention price and world market more effective if provision were also made for pro­ prices, the latter being increased by a certain margin cessors being officially approved ; whereas the which would allow, in particular, for the customs Member State in whose territory processing takes protection given these chemical products ; whereas, place should therefore be free to decide whether or however, when the refund is being fixed each quarter, not to apply such provisions ; an adjustment should be made in relation to price fluctuations on the world market only under certain conditions ; Whereas the purpose of refunds is to make it possible for the chemical industry to use sugar produced in the Community rather than sugar originating in third Whereas raw sugar and syrups containing sucrose countries ; whereas, therefore, when this refund is can also be used in the processing industry ; whereas provision should therefore be made for the pro­ being fixed, significant price fluctuations on the world market and special circumstances affecting duction refund on white sugar, adjusted in relation to supplies of sugar used in the processing industry must their respective yields, to be granted in respect of be taken into account ; whereas , to this end , the these basic products ; refund should be fixed at regular intervals ; whereas a period of three months would seem to be the most Whereas, in view of the conditions under which penicillin is produced, when the refund on that pro­ duct is being determined, a special conversion ratio should be taken into account; whereas, furthermore, 1 OJ No 308 , 18.12.1967, p. 1 . the principle of a similar conversion ratio for fruc­

Official Journal of the European Communities 151

tose, fixed in accordance with the procedure laid at a level which does not allow normal competition down in Article 40 of Regulation No 1009 /67/EEC, between the chemical products in question manufac­ should be established : tured in the Community and identical or similar imported or exported products. HAS ADOPTED THIS REGULATION : 3 . Before 1 November 1971 the Council, acting on a proposal from the Commission in accordance with Article 1 the voting procedure laid down in Article 43 (2) of the Treaty, shall decide on the rules which shall A production refund shall be granted on the products listed in Article 1 ( 1 ) ( a) of Regulation No 1009/67/ apply from 1 February 1972 to production refunds EEC and on the syrups containing sucrose listed in on the products listed in Annex I on the basis of: Article 1 ( 1 ) ( d) of that Regulation (hereinafter called ( a) sugar consumption in industry; ' basic products') which are used in the manufacture of the products of the chemical industry listed in the (b ) trends which have become apparent in the techni­ Annexes (hereinafter called 'chemical products') cal field ; under the conditions laid down in the following Articles . ( c) the financial consequences of the proposed measures ; Article 2 (d) competition from synthetic products ; 1 . The production refund shall be granted by the (e) the competitive position of industries processing Member State in whose territory processing of the the products concerned. basic products takes place.

2. The Member State may grant the refund only Article 6 if customs control, or an administrative inspection offering equivalent guarantees, ensures that the basic 1 . The production refund on 100 kilogrammes of products are used for the purpose indicated in the white sugar used in the manufacture of the products application referred to in Article 3 . listed in Annex II shall be equal to the intervention price for white sugar valid for the area in which the Article 3 place of processing is situated, less :

1 . The production refund shall be granted only to (a ) the price for molasses used pursuant to Article 4 processors who guarantee that the control provided (2) of Regulation No 1009/67/EEC to determine for in Article 2 can be carried out at any time and receipts from the sales of molasses for the market­ who have submitted an application specifying the ing year in question, divided by 0-48 ; and use to which the sugar is to be put. (b ) 0-5 units of account. 2. The Member State concerned may make entitle­ 2. The production refund on white sugar used in the ment to the refund subject to prior official approval manufacture of the products listed in Annex II shall being granted to these processors. not, however, be greater than the refund on white sugar used in the manufacture of the products listed Article 4 in Annex III . Production refunds on white sugar shall be fixed quarterly for the periods commencing on 1 July, Article 7 1 October, 1 January and 1 April. 1 . The production refund on 100 kilogrammes of white sugar used in the manufacture of the products Article 5 listed in Annex III shall be equal to the arithmetic 1 . Until 31 January 1972, the production refund on mean of the intervention price for white sugar valid 100 kilogrammes of white sugar used in the manu­ for the Community area having the largest surplus facture of the products listed in Annex I shall be and the intervention price for white sugar valid for equal to the intervention price valid for the area in the area in which the place of processing is situated, less : which the place of processing is situated, less 13-30 units of account. ( a) the arithmetic mean of prices recorded on the world market over a reference period ; and 2. The amount indicated in paragraph 1 shall be adjusted by the Council, acting on a proposal from (b ) 2-00 units of account. the Commission in accordance with the voting pro­ cedure laid down in Article 43 (2) of the Treaty, if the 2 . The reference period shall cover the first fifteen world market price for sugar remains for a long time days of the month preceding the quarter for which

152 Official Journal of the European Communities

the production refund is fixed and the two months of Regulation No 1009/67/EEC shall be equal to one immediately preceding that month. hundredth of the refund applicable where white sugar is used, multiplied by the sucrose content of World market' prices : the syrup used. (a) for the quarter commencing 1 July 1968 , shall be the spot prices recorded for white sugar on the Article 9 Paris Bourse; For the manufacture of one kilogramme of penicillin (b ) for all subsequent quarters, shall be the c.i.f. from the basic products referred to in Article 1 , prices for white sugar. Member States shall grant, at most, a production refund in respect of 15-3 kilogrammes of white sugar. 3 . When the production refund is being fixed for a quarter, an alteration shall be made only if a vari­ Article 10 ation in the factors used to calculate it results in the refund per 100 kilogrammes of white sugar being 1 . The production refund shall be granted on sugar at least one unit of account higher or lower than the used in the manufacture of fructose only if the refund valid for the previous quarter. fructose is used for pharmaceutical purposes or in foods for diabetics . Article 8 2. When the production refund on sugar used in 1 . The production refund on 100 kilogrammes of the manufacture of fructose is being granted, a raw sugar shall be equal to one hundredth of the uniform conversion ratio between the value of basic refund applicable where white sugar is used, multi­ product and the value of the fructose and any other plied by the yield of the raw sugar used, that yield product which may be obtained should be taken into being calculated in accordance with the provisions of account . Article 1 of Regulation (EEC) No 431 /68 1 of the Council of 9 April 1968 determining the standard Article 11 quality for raw sugar and fixing the Community frontier crossing point for calculating c.i.f. prices for This Regulation shall enter into force on the third sugar . day following its publication in the Official Journal of the European Communities. 2. The production refund on 100 kilogrammes of the syrups containing sucrose listed in Article 1 (d) It shall apply from 1 July 1968 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Luxembourg, 18 June 1968 .

For the Council

The President

E. FAURE

1 OJ No L 89 , 10.4.1968 , p. 3 .

Official Journal of the European Communities 153

ANNEX I

List of Products

CCT heading Description of goods No

ex 17.02 D Sorbose 29.04 C II Mannitol, sorbitol ex 29.16 Mannitol and sorbitol esters ex 29.16 A VIII Glyceric acid, glycollic acid, saccharonic acid, isosaccharonic acid heptaric acid , their salts and esters ex 29.35 S Anhydric compounds of mannitol and sorbitol (as, for example sorbitans) not including maltol and isomaltol ex 29.43 B Sorbose, its salts and esters, methylglucosides 38.19 Q II Foundry core binders based on synthetic resins ex 38.19 Q IV Sorbitol cracking products

- ANNEX II

List of products

CCT heading Description of goods No

29.16 A IV Citric acid, its salts and esters

29.23 D Amino-acids , their salts and esters

ANNEX III

List of Products

CCT heading Description of goods No

ex 15.11 B Glycerol , other than crude ex 28.17 A Sodium hydroxide (caustic soda) ex 28.45 B Sodium silicates 29.04 C I Diols 29.04 C III Other polyhydric alcohols 29.05 A III Sterols and inositols 29.15 A I Oxalic acid, its salts and esters ex 29.15 A V Citratonic acid , itaconic acid, succinic acid, their salts and esters 29.16 A I Lactic acid , its salts and esters

154 Official Journal of the European Communities

CCT heading Description of goods No

29.16 AIII Tartaric acid, its salts and esters ex 29.16 C III Oxoglutaric, laevulic acid, their salts and esters ex 29.16 D Glucuronic acid , ketogluconic acid, their salts and esters ex 29.19 A Lactophosphates 29.35 A Furfuraldehyde (furfural , furfurol) and benzofuran (coumarone) 29.35 B Furfuryl and tetrahydrofurfuryl alcohols 29.35 L Nucleic acids and their salts ex 29.35 S Hydroxymethylfurfuraldehyde and its derivatives, lactide, purine, pyrimidine, maltol , isomaltol, piperidine, piperazine, lactones of glucuronic acid 29.39 E Other hormones ex 29.43 B Fructose , its salts and esters , lactobionates 29.44 A Penicillins ex 32.02 Tannin esters 32.05 A Synthetic organic dyestuffs (including pigment dyestuffs) 32.05 C Synthetic organic products of a kind 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 similar products and fish glues ex 38.11 Disinfectants , insecticides, fungicides, weed-killers , anti-sprouting products , rat poisons and similar products , put up in forms or packings for sale by retail or as preparations or as articles (for example, sul­ phur-treated bands , wicks and candles , fly-papers) excluding those falling within A , B or C I ex 38.11 B Preparations based on copper compounds ex 38.19 Q IV Parting agents for exposed aggregate concrete, retarding agents for cement hardening ; softening agents , foundry core binders based on sodium silicate, expoxy polishers ; calcium polylactate, lactoglycerides 39.01 C I Phenoplasts 39.01 C II Aminoplasts ex 39.01 C VIII Polyalkylene glycol ether