31994R2365

1 . 10 . 94 Official Journal of the European Communities No L 255/25

COMMISSION REGULATION (EC) No 2365/94 of 30 September 1994 fixing the production refund for white sugar used in the chemical industry

THE COMMISSION OF THE EUROPEAN COMMUNITIES, establishing the production refund ; whereas Article 1 of Regulation (EEC) No 1729/78 provides that the pro­ duction refund for white sugar shall be fixed at three­ monthly intervals for the periods beginning 1 July, 1 October, 1 January and 1 April ; whereas the application Having regard to the Treaty establishing the European of the abovementioned method entails fixing the pro­ Community, duction refund as stated in Article 1 for the period referred to therein ;

Having regard to Council Regulation (EEC) No 1785/81 Whereas the amendment of the definition of white sugar of 30 June 1981 on the common organization of the and raw sugar referred to in Article 1 (2) (a) and (b) of markets in the sugar sector ('), as last amended by Regu­ Regulation (EEC) No 1785/81 has the consequence that lation (EC) No 1 33/94 (2), and in particular Article 9 (6) flavoured sugars or sugars containing added colouring thereof, agents or other substances are no longer considered as falling within these definitions but are to be considered as 'other sugars' ; whereas Article 1 of Regulation (EEC) No 1010/86 provides for these sugars to be eligible as basic Whereas pursuant to Article 9 (3) of Regulation (EEC) No products to the production refund ; whereas a method of calculation based on their sucrose content should be laid 1785/81 it may be decided to grant production refunds on the products listed in Article 1 ( 1 ) (a) and (f) and on the down for establishing the production refund applicable to syrups listed in Article 1 (1 ) (d) thereof which are in one these products ; of the situations referred to in Article 9 (2) of the Treaty and which are used in the manufacture of certain products of the chemical industry ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management 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 industry (3), as last amended by Commission Regulation (EEC) No 464/91 (4), establishes the framework within which the production refunds may be determined and HAS ADOPTED THIS REGULATION : lists the chemical products of which the manufacture makes it possible to grant a production refund for the basic 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, Article 1 sucrose syrups and unprocessed isoglucose shall be derived from the refund fixed for white sugar according to a method of calculation peculiar to each of these basic The production refund per 100 kilograms of white sugar products ; referred to in Article 4 of Regulation (EEC) No 1010/86 is hereby fixed at ECU 30,993 for the quarter 1 October to 31 December 1994.

Whereas Commission Regulation (EEC) No 1729/78 of 24 July 1978 laying down detailed rules of application in respect of the production refund for sugar used in the chemical industry (*), as last amended by Regulation Article 2 (EEC) No 464/91 , specifies the method to be used for

(>) OJ No L 177, 1 . 7. 1981 , p. 4. (2) OJ No L 22, 27. 1 . 1994, p. 7. (3) OJ No L 94, 9 . 4. 1986, p. 9 . (4) OJ No L 54, 28 . 2. 1991 , p. 22. This Regulation shall enter into force on 1 October 1994. (Ó OJ No L 201 , 25. 7. 1978, p. 26.

No L 255/26 Official Journal of the European Communities 1 . 10 . 94

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

Done at Brussels, 30 September 1994.

For the Commission Rene STEICHEN Member of the Commission