31988R3742

No L 328 /26 Official Journal of the European Communities 1 . 12. 88

COMMISSION REGULATION (EEC) No 3742/88 of 30 November 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 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 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 (*), as (l ) (a), (c), (d), (f) and (g) of that Regulation an export last amended by Regulation (EEC) 2306/88 (6), provides refund may be granted when these goods are exported in for the granting of production refunds of white sugar, raw the form of goods listed in Annex I to that same Regula­ sugar, certain sucrose syrups falling within subheadings ex tion ; whereas Council Regulation (EEC) No 3035/80 of 1702 60 90 and ex 1702 90 90 of the combined nomen­ 11 November 1980 laying down general rules for granting clature having a certain purity, and unprocessed isoglu­ (export refunds for certain agricultural products exported cose falling within subheadings 1702 30 10, 1702 40 10, in the form of goods not covered by Annex II to the 1702 60 10 and 1702 90 30, which are used in the manu­ Treaty, and the criteria for fixing the amount of such facture of the chemical products listed in the Annex refunds (3), as last amended by Regulation (EEC) No thereto ; whereas this production refunds' scheme has 3209/88 (4), specifies the products for which a rate of been established in particular to bring the conditions refund should be fixed, to be applied where these under which Community processors operate progressively products are exported in the form of goods listed in into line with those of processors employing sugar at Annex I of Regulation (EEC) No 1785/81 ; 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 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 March 1980 on the advance payment of export refunds in world market ; respect of agricultural products Q, as amended by Regula­ tion (EEC) No 2026/83 (8), and Commission Regulation (b) the level of the refunds on exports of processed agri­ (EEC) No 798/80 of 31 March 1980 laying down general • cultural products covered by Annex II to the Treaty rules on the advance payment of export refunds and posi­ which are manufactured under similar conditions ; tive monetary compensatory amounts in respect of agri­ cultural products (9), as last amended by Regulation (EEC) No 471 /87 (10), lay down rules on the advance payment of (c) the need to ensure equality of competition for the export refunds that must be adhered to when these are industries which use Community products and those adjusted ; which use third-country products under inward processing arrangements ; 0 OJ No L 94, 9. 4. 1986, p. 9. («) OJ No L 201 , 27. 7. 1988, p. 65. (') OJ No L 177, L 7. 1981 , p. 4. 0 OJ No L 62, 7. 3. 1980, p. 5. (2) OJ No L 201 , 27. 7. 1988, p. 65. (8) OJ No L 199, 22. 7. 1983, p. 12. (3) OJ No L 323, 29. 11 . 1980, p. 27. 0 OJ No L 87, 1 . 4. 1980, p. 42. (4) OJ No L 286, 20. 10. 1988, p. 6. (10) OJ No L 48, 17. 2. 1987, p. 10.

1 . 12. 88 Official Journal of the European Communities No L 328 /27

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 hot 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 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 oh 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 December 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, 30 November 1988 .

For the Commission COCKFIELD Vice-President

No L 328 /28 Official Journal of the European Communities 1 . 12. 88

ANNEX

to the Commission Regulation of 30 November 1988 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 : 37,06 Raw sugar : 33,65 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) 37,06 x — 100

Molasses : Isoglucose (2) : 37,06 (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. 0 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.