31990R3851

29 . 12. 90 Official Journal of the European Communities No L 367/31

COMMISSION REGULATION (EEC) No 3851/90 of 28 December 1990 fixing the production refund for white sugar used in the chemical industry

THE COMMISSION OF THE EUROPEAN COMMUNITIES, duction refund for white sugar shall be fixed at threemonthly intervals for the periods beginning 1 July, 1 October, 1 January and 1 April ; whereas the application of the abovementioned method entails fixing the pro­ Having regard to the Treaty establishing the European duction refund as stated in Article 1 for the period Economic Community, referred to therein ;

Whereas the amendment of the definition of white sugar and raw sugar referred to in Article 1 (2) (a) and (b) of Having regard to Council Regulation (EEC) No 1785/81 Regulation (EEC) No 1785/81 has the consequence that of 30 June 1981 on the common organization of the flavoured sugars or sugars containing added colouring markets in the sugar sector ('), as last amended by Regu­ agents or other substances are no longer considered as lation (EEC) No 3577/90 (2), and in particular Article 9 (6) falling within these definitions but are to be considered as thereof, 'other sugars' ; whereas Article 1 of Regulation (EEC) No 1010/86 provides for these sugars to be eligible as basic products to the production refund ; whereas a method of calculation based on their sucrose content should be laid Whereas pursuant to Article 9 (3) of Regulation (EEC) No down for establishing the production refund applicable to 1785/81 it may be decided to grant production refunds on these products ; the products listed in Article 1 (1 ) (a) and (f) and on the syrups listed in Article 1 (1 ) (d) thereof which are in one of the situations referred to in Article 9 (2) of the Treaty Whereas the measures provided for in this Regulation are and which are used in the manufacture of certain in accordance with the opinion of the Management products of the chemical industry ; Committee for Sugar,

Whereas Council Regulation (EEC) No 1010/86 of 25 March 1986 laying down general rules for the production refund on certain sugar products used in the chemical HAS ADOPTED THIS REGULATION : industry (3), as last amended by Regulation (EEC) No 1771 /90 (4), establishes the framework within which the production refunds may be determined and lists the chemical products of which the manufacture makes it possible to grant a production refund for the basic Article 1 products used in their manufacture ; whereas Articles 5, 6 and 7 of Regulation (EEC) No 1010/86 provide that the production refund granted for raw sugar, sucrose syrups The production refund per 100 kilograms of white sugar and unprocessed isoglucose shall be derived from the referred to in Article 4 of Regulation (EEC) No 1010/86 is refund fixed for white sugar according to a method of hereby fixed at ECU 33,556 for three months from 1 calculation peculiar to each of these basic products ; January to 31 March 1991 . For flavoured sugars or sugars containing added colouring agents or containing other substances obtained from white sugar or raw sugar the production refund shall be established by multiplying this Whereas Commission Regulation (EEC) No 1729/78 of amount by the sucrose content of the sugar in question 24 July 1978 laying down detailed rules of application in determined in accordance with the polarimetric method respect of the production refund for sugar used in the as a percentage of the dry matter weight. chemical industry (5), as last amended by Regulation (EEC) No 2029/90 (*), specifies the method to be used for establishing the production refund ; whereas Article 1 of Regulation (EEC) No 1729/78 provides that the pro Article 2

(>) OJ No L 177, 1 . 7. 1981 , p. 4. (2) OJ No L 353, 17. 12. 1990, p. 23. (3) OJ No L 94, 9. 4. 1986, p. 9. (*) OJ No L 163, 29. 6. 1990, p. 1 . (*) OJ No L 201 , 25. 7. 1978, p. 26. This Regulation shall enter into force on 1 January 1991 . I6) OJ No L 186, 18. 7. 1990, p. 5.

No L 367/32 Official Journal of the European Communities 29 . 12. 90

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

Done at Brussels, 28 December 1990 .

For the Commission Ray MAC SHARRY Member of the Commission