31987R2635

1 . 9 . 87 Official Journal of the European Communities No L 248/43

COMMISSION REGULATION (EEC) No 2635/87 of 31 August 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, which use third-country products under inward processing arrangements ;

Having regard to the Treaty establishing the European Economic Community, 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 Council Regulation (EEC) No 1785/ 81 of 30 June 1981 on the common organization of the aids or other measures having equivalent effect, applicable market in sugar ('), as last amended by Regulation (EEC) in all Member States in accordance with the Regulation No 229/87 (2) and in particular Article 19 (4) (a) and (7) on the common organization of the market in the thereof : product in question, to the basic products listed in Annex A to that Regulation or to assimilated products ;

Whereas Article 19 ( 1 ) and (2) of Regulation (EEC) No • 1785/81 provide that for the products listed in Article l -> (1 ) (a), (c), (d), (f) and (g) of that Regulation an export Whereas Council Regulation (EEC) No 1010/86 of 26 refund may be granted when these goods are exported in March 1986 laying down general rules for production the form of goods listed in Annex I to that same Regula­ refunds on certain products of the chemical industry (*) tion ; whereas Council Regulation (EEC)' No 3035/80 of provides for the granting of production refunds of white 11 November 1980 laying down general rules for granting sugar, raw sugar, certain sucrose syrups falling within export refunds for certain agricultural products exported subheading 17.02 D ex II of the Common Customs Tariff in the form of goods not covered by Annex II to the having a certain purity, and unprocessed isoglucose falling Treaty, and the criteria for fixing the amount of such within subheading 17.02 D I, which are used in the refunds (3), as last amended by Regulation (EEC) No manufacture of the chemical products listed in the Annex 2223/86 (4), specifies the products for which a rate of thereto ; whereas this production refunds' scheme has refund should be fixed, to be applied where these been established in particular to bring the conditions products are exported in the form of goods listed in under which Community processors operate progressively Annex I of Regulation (EEC) No 1785/81 ; into line with those of processors employing sugar at world market prices ; whereas therefore, in the absence of proof that the basic product has not benefited from the production refund, the amount of the export refund must Whereas, in accordance with the first subparagraph of be reduced by the amount of the production refund appli­ Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of cable to the basic product on the day of acceptance of the the refund per 100 kilograms for each of the basic export declaration ; whereas this system is the only one products in question must be fixed for each month ; and which discards the risk of fraud ; 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 Whereas Council Regulation (EEC) No 565/80 of 4 obtaining supplies of the basic products on the March 1980 on the advance payment of export refunds in Community market and the prices ruling on the respect of agricultural products (6), aj last amended by world market ; Regulation (EEC) No 2026/83 Q, and Commission Regu­ lation (EEC) No 798/80 of 31 March 1980 laying down general rules on the advance payment of export refunds (b) the level of the refunds on exports of processed agri­ and positive monetary compensatory amounts in respect cultural products covered by Annex II to the Treaty which are manufactured under similar conditions ; of agricultural products (8), as last amended by Regulation (EEC) No 471 /87 (9), lay down rules on the advance payment of export refunds that must be adhered to when (c) the need to ensure equality of competition for the these are adjusted ; industries which use Community products and those 0 OJ No L 94, 9 . 4. 1986, p. 9 . (>) OJ No L 177, 1 . 7. 1981 , p. 4. (<) OJ No L 62, 7. 3 . 1980, p. 5. (2) OJ No L 25, 28 . 1 . 1987, p. 1 . 0 OJ No L 199, 22. 7. 1983, p. 12. 0 OJ No L 323 , 29 . 11 . 1980, p. 27. (8) OJ No L 87, 1 . 4. 1980, p. 42. (4) OJ No L 194, 17. 7. 1986, p. 1 . ft OJ No L 48, 17. 2. 1987, p. 10.

No L 248 /44 Official Journal of the European Communities 1 . 9 . 87

Whereas the measures provided for in this Regulation are The proof referred to in the first subparagraph is provided in accordance with the opinion of the Management by the presentation by the exporter of a declaration from Committee for Sugar, 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 HAS ADOPTED THIS REGULATION : 1010/86, and that no application for such refund will be made . Article 1 3. When the proof referred to in paragraph 2 is not provided, the export refund : 1 . Without prejudice to paragraphs 2 and 3, the rates of the refunds applicable to the basic products appearing in (a) applicable on the date of export of the goods, when Annex A to Regulation (EEC) No 3035/80 and listed in the rate is not fixed in advance ; or Article 1 ( 1 ) and (2) of Regulation (EEC) No 1785/81 , (b) of which the rate is fixed in advance, exported in the form of goods ljsted in Annex I to Regu­ lation (EEC) No 1785/81 , are fixed as shown in the will be reduced by the amount of the production refund Annex hereto . applicable under Regulation (EEC) No 1010/86 to the basic product in question on the day of acceptance of the (2) For the chemical products listed in the Annex to export declaration for the goods, or on the day specified Regulation (EEC) No 1010/86, the refunds given in the in Article 3 (2) of Regulation (EEC) No 798/80, if the Annex to this Regulation shall be applied on presenta­ goods have been placed under the export refund advance tion, at the acceptance of the export declaration and the payment arrangements . request for obtaining the export refund, of proof that the basic products used in the manufacture of the chemical Article 2 products to be exported have not benefited from the production refund provided for in that Regulation, and This Regulation shall enter into force on 1 September that such refund will not be applied for. 1987 .

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

Done at Brussels, 31 August 1987.

For the Commission Willy DE CLERCQ Member of the Commission

1 . 9 . 87 Official Journal of the European Communities No L 248 /45

ANNEX

to the Commission Regulation of 31 August 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/1 00 kg : White sugar : 45,30 Raw sugar : 40,98 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) : 45,30 x 100

Molasses : Isoglucose (2) : 45,30 0

(') '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 % . (J) Amount of refund per 100 kilograms of dry matter.