31989R0518

No L 58 / 32 Official Journal of the European Communities 1 . 3 . 89

COMMISSION REGULATION (EEC) No 518/89 of 28 February 1989 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 March 1986 laying down general rules for production Whereas Article 19 ( 1 ) and (2) of Regulation (EEC) No refunds on certain products of the chemical industry (^, as 1785/81 provide that for the products listed in Article 1 last amended by Regulation (EEC) 2306/88 (*), provides (1 ) (a), (c), (d), (f) and (g) of that Regulation an export for the granting of production refunds of white sugar, raw refund may be granted when these goods are exported in sugar, certain sucrose syrups falling within CN codes ex the form of goods listed in Annex I to that same Regula­ 1702 60 90 and ex 1702 90 90 having a certain purity, and tion ; whereas Council Regulation (EEC) No 3035/80 of unprocessed isoglucose falling within CN codes 11 November 1980 laying down general rules for granting 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30, export refunds for certain agricultural products exported which are used in the manufacture of the chemical in the form of goods not covered by Annex II to the products listed in the Annex thereto ; whereas this Treaty, and the criteria for fixing the amount of such production refunds' scheme has been established in parti­ refunds (3), as last amended by Regulation (EEC) No cular to bring the conditions under which Community 3209/88 (4), specifies the products for which a rate of processors operate progressively into line with those of refund should be fixed, to be applied where these processors employing sugar at world market prices ; products are exported in the form of goods listed in whereas therefore, in the absence of proof that the basic Annex I of Regulation (EEC) No 1785/81 ; product has not benefited from the production refund, the amount of the export refund must be reduced by the amount of the production refund applicable to the basic Whereas, in accordance with the first subparagraph of product on the day of acceptance of the export declara­ Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of tion ; whereas this system is the only one which discards the refund per 100 kilograms for each of the basic 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 March 1980 on the advance payment of export refunds in world market ; respect of agricultural products 0, as amended by Regula­ tion (EEC) No 2026/83 (8), and Commission Regulation (EEC) No 798/80 of 31 March 1980 laying down general (b) the level of the refunds on exports of processed agri­ 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 (l0), 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 ; O OJ No L 94, 9. 4. 1986, p. 9. Ó OJ No L 201 , 27. 7. 1988, p. 65. (') OJ No L 177, 1 . 7. 1981 , p. 4. f) OJ No L 62, 7. 3 . 1980, p. 5. (4 OJ No L 201 , 27. 7. 1988, p. 65. (*) OJ No L 199, 22. 7. 1983, p. 12. 0 OJ No L 323, 29. 11 . 1980, p. 27. O OJ No L 87, 1 . 4. 1980, p. 42. (*) OJ No L 286, 20. 10. 1988, p. 6. H OJ No L 48, 17. 2. 1987, p. 10.

1 . 3 . 89 Official Journal of the European Communities No L 58/33

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 : 101 0/86, 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 , exported in the form of goods listed in Annex I to Regu­ (b) of which the rate is fixed in advance, lation (EEC) No 1785/81 , are fixed as shown in the Annex hereto. will be reduced by the amount of the production refund applicable under Regulation (EEC) No 1010/86 to the 2. For the chemical products listed in the Annex to basic product in question on the day of acceptance of the Regulation (EEC) No 1010/86, the refunds given in the export declaration for the goods, or on the day specified Annex to this Regulation shall be applied on presenta­ in Article 3 (2) of Regulation (EEC) No 798/80, if the tion, at the acceptance of the export declaration and the goods have been placed under the export refund advance request for obtaining the export refund, of proof that the payment arrangements. basic products used in the manufacture of the chemical products to be exported have not benefited from the Article 2 production refund provided for in that Regulation, and that such refund will not be applied for. This Regulation shall enter into force on 1 March 1989.

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

Done at Brussels, 28 February 1989.

For the Commission Martin BANGEMANN Vice-President

No L 58 /34 Official Journal of the European Communities 1 . 3 . 89

ANNEX

to the Commission Regulation of 28 February 1989 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 : 34,58 Raw sugar : 30,46 Syrups of beet sugar or cane sugar containing, in the dry state, 85 % or more by weight of sucrose (including SO invert sugar expressed as sucrose) (") : 34,58 x 100

Molasses : Isoglucose 0 : 34,58 (3)

(*) For aqueous solutions of sugar the refund is calculated according to the quantity of sugar (white or raw) used. (') '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.