31987R0297

31 . 1 . 87 No L 30/21 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 297/87 of 30 January 1987 fixing the rates of the refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex II to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas Article 4 (3) of Regulation (EEC) No 3035/80 provides that, when the rate of the refund is being fixed, account should be taken, where appropriate, of refunds, Having regard to the Treaty establishing the European aids or other measures having equivalent effect, applicable Economic Community, in all Member States in accordance with the Regulation on the common organization of the market in the product in question, to the basic products listed in Annex Having regard to Council Regulation (EEC) No 1785/ A to that Regulation or to assimilated products ; 81 of 30 June 1981 on the common organization of the market in sugar ('), as last amended by Regulation (EEC) No 229/87 (2) and in particular Article 19 (4) (a) and (7) Whereas Council Regulation (EEC) No 1010/86 of 26 thereof ;' I March 1986 laying down general rules for production refunds on certain products of the chemical industry (*) provides for the granting of production refunds of white Whereas Article 19 ( 1 ) and (2) of Regulation (EEC) No sugar, raw sugar, certain sucrose syrups falling within 1785/81 provide that for the products listed in Article 1 subheading 17.02 D ex II of the Common Customs Tariff ( l)(a), (c), (d), (f) and (g) of that Regulation an export having a certain purity, and unprocessed isoglucose falling refund may be granted when these goods are exported in within subheading 17.02 D I, which are used in the the form of goods listed in Annex I to that same Regula­ manufacture of the chemical products listed in the Annex tion ; whereas Council Regulation (EEC) No 3035/80 of thereto ; whereas this production refunds' scheme has 11 November 1980 laying down general rules for granting been established in particular to bring the conditions export refunds for certain agricultural products exported under which Community processors operate progressively in the form of goods not covered by Annex II to the into line with those of processors employing sugar at Treaty, and the criteria for fixing the amount of such world market prices ; whereas therefore, in the absence of refunds (3), as last amended by Regulation (EEC) No proof that the basic product has not benefited from the 2223/86 (4), specifies the products for which a rate of production refund, the amount of the export refund must refund should be fixed, to be applied where these be reduced by the amount of the production refund appli­ products are exported in the form of goods listed in cable to the basic product on the day of acceptance of the Annex I of Regulation (EEC) No 1785/81 ; export declaration ;

Whereas, in accordance with the first subparagraph of Whereas the measures provided for in this Regulation are Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of in accordance with the opinion of the Management the refund per 100 kilograms for each of the basic Committee for Sugar, products in question must be fixed for each month ; and whereas, in accordance with paragraph 2 of that Article, that rate must be determined with particular reference to :

(a) the average costs incurred by processing industries in obtaining supplies of the basic products on the HAS ADOPTED THIS REGULATION : Community market and the prices ruling on the world market ;

(b) the level of the refunds on exports of processed agri­ Article 1 cultural products covered by Annex II to the Treaty which are manufactured under similar conditions ;

1 . Without prejudice to paragraphs 2 and 3, the rates of (c) the need to ensure equality of competition for the the refunds applicable to the basic products appearing in industries which use Community products and those Annex A to Regulation (EEC) No 3035/80 and listed in which use third-country products under inward Article 1 ( 1 ) and (2) of Regulation (EEC) No 1785/81 , processing arrangements ; exported in the form of goods listed in Annex I to Regu­ lation (EEC) No 1785/81 , are fixed as shown in the (') OJ No ' L 177, 1 . 7 . 1981 , p. 4. Annex hereto . 2) OJ No L 25, 28 . 1 . 1987, p. 1 . (3) OJ No L 323 , 29 . 11 . 1980 , p . 27. (<) OJ No L 194, 17. 7 . 1986, p . 1 . 0 OJ No L 94, 9 . 4. 1986, p. 9 .

No L 30/22 Official Journal of the European Communities 31 . 1 . 87

2. For the chemical products listed in the Annex to (a) applicable on the date of export of the goods, when Regulation (EEC) No 1010/86, the refunds given in the the rate is not fixed in advance ; or Annex to this Regulation shall be applied on presenta­ tion, at the accomplishment of the customs formalities (b) of which the rate is fixed in advance, and the request for obtaining the export refund, of proof that the basic products used in the manufacture of the chemical products to be exported have not benefited from will be reduced by the amount of the production refund the production refund provided for in that Regulation, applicable under Regulation (EEC) No 1010/86 to the and that such refund will not be applied for. basic product in question on the date on which the The proof referred to in the first subparagraph is provided export declaration for the goods is accepted. by the presentation by the exporter of a declaration from the processor of the basic product in question attesting that the latter product has not benefited from a produc­ tion refund as provided for in Regulation (EEC) No 1010/86, and that no application for such refund will be Article 2 made .

3. When the proof referred to in paragraph 2 is not provided, the export refund : This Regulation shall enter into force on 1 February 1987.

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

Done at Brussels, 30 January 1987 . For the Commission COCKFIELD Vice-President

31 . 1 . 87 No L 30/23 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 30 January 1987 fixing the rates of the refunds applicable to certain products in the sugar sector exported in the form of goods not covered by Annex II to the Treaty

Rate of refund in ECU/100 kg : White sugar : 43,68 Raw sugar : 36,99 Syrups of beet sugar or cane sugar containing, in the dry state, 85 % or more by weight of sucrose (including S (') invert sugar expressed as sucrose) : 43,68 x 100

Molasses : Isoglucose (2) : 43,68 (3)

(') 'S represents in 100 kilograms of syrup — the sucrose content (including invert sugar expressed as sucrose) of the syrup in question, where the latter is not less than 98 % pure, — the extractable sugar content of the syrup in question, where the latter is not less than 85 % , but less than 98 % pure. (2) Products obtained by isomerization of glucose, which have a content by weight in the dry state of at least 41 % fructose and of which the total content by weight in the dry state of polysaccharides and oligosaccharides, inclu­ ding the di- or trisaccharides content, does not exceed 8,5 % . (3) Amount of refund per 100 kilograms of dry matter.