31992R2212

1 . 8 . 92 Official Journal of the European Communities No L 218/59

COMMISSION REGULATION (EEC) No 2212/92 of 31 July 1992 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 61 /92 (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 provides 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) 464/91 (*), provides for refund may be granted when these goods are exported in 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 CN codes ex tion ; whereas Council Regulation (EEC) No 3035/80 of 1702 60 90 and ex 1702 90 90 having a certain purity, and 11 November 1980 laying down general rules for granting unprocessed isoglucose failing within CN codes export refunds for certain agricultural products exported 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30, in the form of goods not covered by Annex II to the which are used in the manufacture of the chemical 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 3381 /90 (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 to 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 products in question must be fixed for each month ; and 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 Community market and the prices ruling on the Whereas Council Regulation (EEC) No 565/80 of 4 world market ; March 1980 on the advance payment of export refunds in respect of agricultural products Q, as amended by Regula­ (b) the level of the refunds on exports of processed agri­ tion (EEC) No 2026/83 (8), and Commission Regulation cultural products covered by Annex II to the Treaty (EEC) No 3665/87 of 27 November 1987 laying down which are manufactured under similar conditions ; common detailed rules for the application of the system of export refunds on agricultural products (9), as last amended by Regulation (EEC) No 887/92 (10), lay down (c) the need to ensure equality of competition for the rules on the advance payment of export refunds that must industries which use Community products and those be adhered to when these are adjusted ; which use third-country products under inward processing arrangements ; O OJ No L 94, 9 . 4. 1986, p . 9. (6) OJ No L 54, 28 . 2. 1991 , p. 22. (•) OJ No L 177, 1 . 7. 1981 , p. 4. 0 OJ No L 62, 7. 3. 1980, p. 5. (2) OJ No L 6, 11 . 1 . 1992, p. 19. (8) OJ No L 199, 22. 7. 1983, p. 12. (3) OJ No L 323, 29. 11 . 1980, p. 27. O OJ No L 351 , 14. 12. 1987, p. 1 . 0 OJ No L 327, 27. 11 . 1990, p. 4. H OJ No L 95, 9. 4. 1992, p. 20.

No L 218 /60 Official Journal of the European Communities 1 . 8 . 92

Whereas Council Regulation (EEC) No 1432/92 ('), as basic products used in the manufacture of the chemical amended by Regulation (EEC) No 2015/92 (2), prohibits products to be exported have not benefited from the trade between the Community and the Republics of production refund provided for in that Regulation, and Serbia and Montenegro ; whereas this prohibition does that such refund will not be applied for. not apply to certain situations as given in the limitative The proof referred to in the first subparagraph is provided enumeration laid down in Articles 2 and 3 ; whereas this by the presentation by the exporter of a declaration from should be taken into account when refunds are fixed ; the processor of the basic product in question attesting Whereas the measures provided for in this Regulation are that the latter product has not benefited from a produc­ in accordance with the opinion of the Management tion refund as provided for in Regulation (EEC) No Committee for Sugar, 1010/86, and that no application for such refund will be made.

HAS ADOPTED THIS REGULATION : 3. When the proof referred to in paragraph 2 is not provided, the export refund : Article 1 (a) applicable on the date of export of the goods, when the rate is not fixed in advance ; or 1 . Without prejudice to paragraphs 2 and 3, the rates of (b) of which the rate is fixed in advance, the refunds applicable to the basic products appearing in Annex A to Regulation (EEC) No 3035/80 and listed in will be reduced by the amount of the production refund Article 1 ( 1 ) and (2) of Regulation (EEC) No 1785/81 , applicable under Regulation (EEC) No 1010/86 to the exported in the form of goods listed in Annex I to Regu­ basic product in question on the day of acceptance of the lation (EEC) No 1785/81 , are fixed as shown in the export declaration for the goods, or on the day specified Annex hereto. in Article 3 (2) of Commission Regulation (EEC) No 3665/87, if the goods have been placed under the export 2. For the chemical products listed in the Annex to refund advance payment arrangements. Regulation (EEC) No 1010/86, the refunds given in the Annex to this Regulation shall be applied on presenta­ Article 2 tion, at the acceptance of the export declaration and the request for obtaining the export refund, of proof that the This Regulation shall enter into force on 1 August 1992.

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

Done at Brussels, 31 July 1992.

For the Commission Jean DONDELINGER Member of the Commission

(') OJ No L 151 , 3 . 6. 1992, p. 4. (2) OJ No L 205, 22. 7. 1992, p. 2.

1 . 8 . 92 Official Journal of the European Communities No L 218/61

ANNEX

to the Commission Regulation of 31 July 1992 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

Mate of refund in ECU/100 kg (*) : White sugar : 40,06 Raw sugar : 36,85 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) : 40,06 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) : 40,06 O

(*) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council Regulation (EEC) No 1432/92. (') '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.