31988R2717

No L 241 /72 Official Journal of the European Communities 1 . 9 . 88

COMMISSION REGULATION (EEC) No 2717/88 of 31 August 1988 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 fegard 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 2306/88 (2) and in particular Article 19 (4) (a) and (7) thereof ;

Whereas Council Regulation (EEC) No 1010/86 of 26 Whereas Article 19 ( 1 ) and (2) of Regulation (EEC) No March 1986 laying down general rules for production 1785/81 provide that for the products listed in Article 1 refunds on certain products of the chemical industry (*) (1 ) (a), (c), (d), (f) and (g) of that Regulation an export provides for the granting of production refunds of white refund may be granted when these goods are exported in sugar, raw sugar, certain sucrose syrups falling within the form of goods listed in Annex I to that same Regula­ subheadings ex 1702 60 90 and ex 1702 90 90 of the tion ; whereas Council Regulation (EEC) No 3035/80 of combined nomenclature having a certain purity, and 1 1 November 1980 laying down general rules for granting unprocessed isoglucose falling within subheadings export refunds for certain agricultural products exported 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30, which are used in the manufacture of the chemical in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such products listed in the Annex thereto ; whereas this refunds (3), as last amended by Regulation (EEC) No production refunds' scheme has been established in parti­ 4055/87 (4), specifies the products for which a rate of cular to bring the conditions under which Community refund should be fixed, to be applied where these processors operate progressively into line with those of products are exported in the form of goods listed in processors employing sugar at world market prices ; Annex I of Regulation (EEC) No 1785/81 ; 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 be reduced by the Whereas, in accordance with the first subparagraph of amount of the production refund applicable to the basic Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of product on the day of acceptance of the export declara­ the refund per 100 kilograms for each of the basic tion ; whereas this system is the only one which discards the risk of fraud ; 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 Whereas Council Regulation (EEC) No 565/80 of 4 Community market and the prices ruling on the world market ; March 1980 on the advance payment of export refunds in respect of agricultural products (6), as last amended by Regulation (EEC) No 2026/83 (*), and Commission Regu­ (b) the level of the refunds on exports of processed agri­ lation (EEC) No 798/80 of 31 March 1980 laying down cultural products covered by Annex II to the Treaty general rules on the advance payment of export refunds which are manufactured under similar conditions ; and positive monetary compensatory amounts in respect of agricultural products (8), as last amended by Regulation (c) the need to ensure equality of competition for the (EEC) No 471 /87 (9), lay down rules on the advance industries which use Community products and those payment of export refunds that must be adhered to when which use third-country products under inward these are adjusted ; processing arrangements ; (*) OJ No L 94, 9. 4. 1986, p. 9. (') OJ No L 177, 1 . 7. 1981 , p. 4. (6) OJ No L 62, 7. 3 . 1980, p. 5. h) OJ No L 201 , 27. 7. 1988, p. 65. I7) OJ No L 199, 22. 7. 1983, p. 12. 3 OJ No L 323, 29. 11 . 1980, p. 27. («) OJ No L 87, 1 . 4. 1980, p. 42. 0 OJ No L 48, 17. 2. 1987, p. 10. 0 OJ No L 379, 31 . 12. 1987, p. 1 .

1 . 9 . 88 Official Journal of the European Communities No L 241 /73

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 1 . Without prejudice to paragraphs 2 and 3, the rates of provided, the export refund : 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 listed 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. 1988 .

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

Done at Brussels, 31 August 1988 .

For the Commission Frans ANDRIESSEN Vice-President