31968R0835

218 Official Journal of the European Communities

30.6.68 Official Journal of the European Communities No L 151 /35

REGULATION (EEC) No 835 /68 OF THE COMMISSION

of 28 June 1968

laying down detailed rules for the application of the production refund on sugar used in the chemical industry

THE COMMISSION OF THE EUROPEAN COM­ State; whereas, in order to counteract the effects of MUNITIES , delays in payment of the refund, provision should be made for an advance to be paid to the holder of the certificate as soon as the basic products have been Having regard to the Treaty establishing the European placed under control; whereas, correspondingly, pro­ Economic Community; vision should be made for the lodging of an adequate deposit to serve as a guarantee to the Member State Having regard to Council Regulation No 1009/67/ concerned, should processing of the basic product not EEC1 of 18 December 1967 on the common organis­ be carried out in accordance with the conditions laid ation of the market in sugar, and in particular down in the refund certificate ; whereas, however, the Article 9 ( 8 ) thereof; Member State concerned should be free to decide on appropriate measures to deal with cases of force Whereas Council Regulation (EEC) No 765/68/EEC2 majeure which prevent a certificate holder from ful­ of 18 June 1968 laid down general rules for the pro­ filling his obligations ; duction refund on sugar used in the chemical in­ dustry; whereas de'tailed rules for the application of Whereas since final payment of the production re­ that Regulation appear to be necessary ; fund may be made only after processing has taken place and since the trade has an interest in being Whereas no decision on the granting of the production paid as early as possible, this must be effected shortly refund can be taken unless precise information is after processing; available ; whereas persons qualifying for the refund should therefore be requested to submit a prior appli­ Whereas the production refund applies only to the cation in writing which would give certain in­ quantities of basic products actually used; whereas formation ; payment is therefore limited to these quantities ; whereas, however, where a conversion ratio is used, Whereas, for the purposes of documentation and it acts as a ceiling for payment; control, a refund certificate must be introduced which is valid for a period which is long enough to allow the Whereas the amount of the production refund should trade to make long-term arrangements and gives the be adjusted under certain circumstances in the light information necessary to fix the production refund ; of alterations in the intervention prices used as a whereas, in order to guarantee that the sugar con­ basis for fixing the amount of that refund ; cerned is used for the purpose for which the refund certificate was issued, only the applicant should be Whereas the measures provided for in this Regulation able to claim on the basis of the certificate after the are in accordance with the Opinion of the Manage­ basic product in question has been processed ; ment Committee for Sugar ;

Whereas, in order to make it possible to check that the basic products have been put to the intended use, HAS ADOPTED THIS REGULATION : a competent body which would have access to all necessary information must be set up in each Member

Article1¶

1 OJ No 308 , 18.12.1967 , p. 1 . 1 . Application for a production refund shall be 2 OJ No L 143 , 25.6.1968 , p . 1 . made in writing.

Official Journal of the European Communities 219

2. The application shall state : Article 5

( a) the name and address of the processor; 1 . Member States shall designate the competent authorities to effect control of the processing of basic (b) the quantity of basic products to be processed, products. expressed in terms of white sugar;

(c) the nature of the basic products to be processed ; 2. The holder of a refund certificate shall give the (d) the use to which the basic products are to be following information in writing in time to enable put; and the authorities referred to in paragraph 1 to effect the control : (e) the place of processing. ( a) his name and address ; The statement of the use to which the basic products ( b) the nature and quantity of the basic products to are to be put shall indicate the Annex to Regulation be processed ; (EEC) No 765/68/EEC which lists the chemical prod­ uct into which the basic product will be processed. (c) the place where the basic products in question are located when the information is furnished . 3 . Member States may require applicants to furnish additional information. Member States may require certificate holders to furnish additional information . Article 2

1 . Member States shall issue a refund certificate on Article 6 receipt of the application. As soon as the basic products have been placed under 2 . Member States shall use national forms for the control, Member States may make an advance pay­ refund certificate which, without prejudice to the ment to the certificate holder amounting to not more provisions of other Regulations , Directives or De­ than 80%) of the production refund indicated on that cisions adopted by Community institutions, shall con­ certificate . tain at least the information set out in paragraph 3 .

Article 7 3 . The refund certificate shall indicate : ( a ) the name and address of the holder; 1 . If an advance is paid, Member States shall re­ quire a deposit or recognised equivalent guarantee to (b) the date on which the application was lodged ; be lodged, ensuring repayment of the advance plus 5°/o . (c) the quantity of basic products to be processed, expressed in terms of white sugar ; 2. The deposit shall be released once processing has (d) the use to which the basic product is to be put; taken place in accordance with the conditions laid (e) the production refund for white sugar applicable down in the refund certificate or when the advance the day on which the application was lodged ; plus 5% has been repaid.

(f) the last day of validity of the certificate ; 3 . Subject to the provisions of paragraph 4, the re­ (g) the place of processing. payment referred to in paragraph 1 shall be in pro­ portion to the quantities of basic products which Article 3 have not been processed under the conditions laid down in the refund certificate. 1 . The issue of a refund certificate confers the right to payment of the production refund indicated in the If the advance is not repaid, the deposit shall be for­ certificate after the basic products have been pro­ feited in proportion to the amount of the advance cessed in accordance with the conditions laid down to be recovered . in the certificate. 4. If processing cannot be carried out under the 1 . The rights conferred by the certificate are not conditions laid down in the refund certificate owing transferable . to circumstances to be considered to constitute cases Article 4 of force majeure, and if an application is made to have such circumstances taken into consideration, the The refund certificate shall be valid from the day Member State concerned shall adopt the measures of issue to the end of the fifth month following the which it considers necessary in the light of the month of issue . circumstances invoked.

220 Official Journal of the European Communities

Article 8 ( 1 ) there is an alteration in the intervention price for white sugar valid for the area in which the place The production refund or, where an advance has of processing is situated, in the case of basic prod­ been paid, the difference between the amount ad­ ucts used in the manufacture of products listed vanced and the amount of the production refund, in Annexes I and II to Regulation (EEC) No shall be paid : 756/68 ; ( 1 ) at the earliest, after it has been established that (2 ) there is an alteration in the arithmetic mean of the basic products have been processed under the intervention price for white sugar valid for the conditions laid down in the refund certificate; the Community area having the largest surplus (2) at the latest, at the end of the month following and the intervention price for white sugar valid the month in which it was established that pro­ for the area in which the place of processing is cessing was completed. situated, in the case of basic products used in the manufacture of products listed in Annexes I and Article 9 II to Regulation (EEC) No 765/68 ;

1 . The production refund shall be paid in respect the production refund to be paid shall be equal to of the quantity of basic product processed. that indicated in the refund certificate, adjusted in the light of the alteration in question. The refunds shall 2 . However, where a conversion ratio is used, the not however be adjusted in the case of basic prod­ production refund may not exceed an amount cal­ ucts which are still under processing control when culated by multiplying the quantity of chemical prod­ the alteration occurs . ucts obtained by that ratio .

For the purposes of this Regulation , 'conversion • Article ■ 11 ratio' means the coefficient equal to the quantity of basic product, expressed in kilogrammes of white For the purposes of this Regulation, syrup containing sugar, needed for the manufacture of one kilogramme sucrose shall be treated as equivalent to a quantity of chemical product. of white sugar corresponding to the amount of sucrose contained in that syrup. Article 10

If between the date on which the application for Article 12 the production refund is lodged and the date on which the basic products are processed : This Regulation shall enter into force on 1 July 1968 .

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

Done at Brussels, 28. June 1968.

For the Commission

The President

Jean REY