31991R2874

? 1 . 10 . 91 No L 274/27 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2874/91 of 30 September 1991 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/ aids or other measures having equivalent effect, applicable 81 of 30 June 1981 on the common organization of the, in all Member States in accordance with the Regulation market in sugar ('), as last amended by Regulation (EEC) on the common organization of the market in the No 464/91 (2), and in particular Article 19 (4) (a) and (7) product in question, to the basic products listed in Annex thereof, A to that Regulation or to assimilated products ;

Whereas Article 19 (1 ) and (2) of Regulation (EEC) No 1785/81 provides that, for the products listed in Article 1 Whereas Council Regulation (EEC) No 1010/86 of 26 (1)(a), (c), (d), (f) and (g) of that Regulation, an export March 1986 laying down general rules for production refund may be granted when these goods are exported in refunds on certain products of the chemical industry (*), as the form of goods listed in Annex I to that same Regula­ last amended by Regulation (EEC) 464/91 , provides for tion ; whereas Council Regulation (EEC) No 3035/80 of the granting of production refunds of white sugar, raw 11 November 1980 laying down general rules for granting sugar, certain sucrose syrups falling within CN codes ex export refunds for certain agricultural products exported 1702 60 90 and ex 1702 90 90 having a certain purity, and in the form of goods not covered by Annex II to the unprocessed isoglucose falling within CN codes Treaty, and the criteria for fixing the amount of such 1 702 30 10, 1 702 40 1 0, 1 702 60 10 and 1 702 90 30, refunds (3), as last amended by Regulation (EEC) No which are used in the manufacture of the chemical 3381 /90 (4), specifies the products for which a rate of products listed in the Annex thereto ; whereas this refund should be fixed, to be applied where these production refunds' scheme has been established in parti­ products are exported in the form of goods listed in cular to bring the conditions under which Community Annex I to Regulation (EEC) No 1785/81 ; processors operate progressively into line with those of processors employing sugar at world market prices ; whereas, therefore, in the absence of proof that the basic Whereas, in accordance with the first subparagraph of product has not benefited from the production refund, Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of the amount of the export refund must be reduced by the the refund per 100 kilograms for each of the basic amount of the production refund applicable to the basic products in question must be fixed for each month ; and product on the day of acceptance of the export declara­ whereas, in accordance with paragraph 2 of that Article, tion ; whereas this system is the only one which discards the risk of fraud : 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 (<% as amended by Regula­ tion (EEC) No 2026/83 Q, and Commission Regulation (b) the level of the refunds on exports of processed agri­ (EEC) No 3665/87 of 27 November 1987 laying down cultural products covered by Annex II to the Treaty common detailed rules for the application of the system which are manufactured under similar conditions ; of export refunds on agricultural products (8), as last amended by Regulation (EEC) No 1615/90 (9), lay down rules on the advance payment of export refunds that must (c) the need to ensure equality of competition for the be adhered to when 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 54, 28 . 2. 1991 , p. 22. O OJ No L 199, 22. 7. 1983, p. 12. O OJ No L 323, 29. 11 . 1980, p. 27. (8) OJ No L 351 , 14. 12. 1987, p. 1 . O OJ No L 327, 27. 11 . 1990, p. 4. 0 OJ No L 152, 16. 6. 1990, p. 33.

No L 274/28 Official Journal of the European Communities 1 . 10 . 91

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 , 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 Commission Regulation (EEC) No tion, at the acceptance of the export declaration and the 3665/87, if the goods have been placed under the export request for obtaining the export refund, of proof that the refund advance 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 October 1991 .

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

Done at Brussels, 30 September 1991 .

For the Commission Karel VAN MIERT Member of the Commission

1 . 10 . 91 Official Journal of the European Communities No L 274/29

ANNEX

to the Commission Regulation of 30 September 1991 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 : 36,64 Raw sugar : 33,71 Syrups of beet sugar or cane sugar, other than the syrups obtained by dissolving white or raw sugar in the solid state, containing, in the dry state, 85 % or more by weight of sucrose (including invert sugar S (>) expressed as sucrose) : 36,64 x —— or 100

For syrups obtained by dissolving white or raw sugar the rate fixed above for 100 kg of in the solid state, whether or not the dissolving is white or raw sugar used for the followed by inversion : dissolution Molasses : — Isoglucose (2) : 36,64 (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. (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.