31978R1400

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( 1 ) OJ NO L 359 , 31 . 12 . 1974 , P . 1 .

( 2 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

( 3 ) OJ NO L 143 , 25 . 6 . 1968 , P . 1 .

( 1 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 .

( 2 ) OJ NO L 156 , 14 . 6 . 1978 , P . 1 .

( 3 ) OJ NO L 89 , 10 . 4 . 1968 , P . 3 .

COUNCIL REGULATION ( EEC ) NO 1400/78

OF 20 JUNE 1978

LAYING DOWN GENERAL RULES FOR THE PRODUCTION REFUND ON SUGAR USED IN THE CHEMICAL INDUSTRY

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3330/74 OF 19 DECEMBER 1974 ON THE COMMON ORGANIZATION OF THE MARKET IN SUGAR ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1396/78 ( 2 ), AND IN PARTICULAR ARTICLE 9 ( 5 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS UNDER ARTICLE 9 ( 4 ) OF REGULATION ( EEC ) NO 3330/74 IT MAY BE DECIDED TO GRANT PRODUCTION REFUNDS ON SUGAR AND SYRUPS COVERED BY THAT REGULATION WHICH ARE USED IN THE MANUFACTURE OF CERTAIN PRODUCTS OF THE CHEMICAL INDUSTRY ;

WHEREAS , AS A RESULT OF TECHNICAL DEVELOPMENTS IN THE CHEMICAL INDUSTRY , THE PRODUCTS OF THIS INDUSTRY , WHICH IT WAS FORMERLY POSSIBLE TO MANUFACTURE ONLY EITHER FROM SUGAR OR MAIZE , MAY NOW BE OBTAINED FROM BOTH OF THESE BASIC PRODUCTS ; WHEREAS , CONSEQUENTLY , IN ORDER TO ACHIEVE EQUALITY OF TREATMENT , PROVISION SHOULD BE MADE FOR THE GRANTING OF A PRODUCTION REFUND ON SUGAR CORRESPONDING TO THAT GRANTED ON MAIZE PROCESSED INTO STARCH , AFTER THE APPLICATION OF A YIELD COEFFICIENT ; WHEREAS THE AMOUNT OF THE PRODUCTION REFUND ON SUGAR WILL THEREFORE BE A FUNCTION OF THAT ON MAIZE ;

WHEREAS RAW SUGAR AND SYRUPS CONTAINING SUCROSE CAN ALSO BE USED IN THE PROCESSING INDUSTRY ; WHEREAS THE PRODUCTION REFUND ON THESE BASIC PRODUCTS SHOULD THEREFORE BE THAT FOR WHITE SUGAR , ADJUSTED BY REFERENCE TO THE RESPECTIVE YIELDS ;

WHEREAS , TO AVOID ABUSES , PROVISION SHOULD BE MADE FOR THE PRODUCTION REFUND TO BE GRANTED ONLY IF OTHER USES ARE EXCLUDED BY MEANS OF CONTROLS ;

WHEREAS SUCH CONTROLS CAN BE FACILITATED IF THE PRODUCTION REFUND IS PAID ONLY ON APPLICATION BY THE PROCESSOR ;

WHEREAS CONTROLS MAY , IN CERTAIN CASES , BE RENDERED MORE EFFECTIVE IF PROVISION IS ALSO MADE FOR AN APPROVAL PROCEDURE ; WHEREAS THE MEMBER STATE IN WHOSE TERRITORY PROCESSING TAKES PLACE SHOULD BE FREE TO DECIDE WHETHER OR NOT TO REQUIRE SUCH APPROVAL ;

WHEREAS THIS REGULATION IS INTENDED TO REPLACE COUNCIL REGULATION ( EEC ) NO 765/68 OF 18 JUNE 1968 LAYING DOWN GENERAL RULES FOR THE PRODUCTION REFUND ON SUGAR USED IN THE CHEMICAL INDUSTRY ( 3 ); WHEREAS THE LATTER REGULATION SHOULD THEREFORE BE REPEALED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

A PRODUCTION REFUND SHALL BE GRANTED UNDER THE CONDITIONS LAID DOWN IN THIS REGULATION ON THE PRODUCTS LISTED IN ARTICLE 1 ( 1 ) ( A ) OF REGULATION ( EEC ) NO 3330/74 AND ON THE SUCROSE SYRUPS OF SUBHEADING EX 17.02 D II OF THE COMMON CUSTOMS TARIFF ( HEREINAFTER CALLED ' BASIC PRODUCTS ' ) WHICH ARE USED IN THE MANUFACTURE OF THE PRODUCTS OF THE CHEMICAL INDUSTRY LISTED IN THE ANNEX ( HEREINAFTER CALLED ' CHEMICAL PRODUCTS ' ).

ARTICLE 2

1 . THE PRODUCTION REFUND SHALL BE GRANTED BY THE MEMBER STATE IN WHOSE TERRITORY PROCESSING OF THE BASIC PRODUCTS TAKES PLACE .

2 . THE MEMBER STATE MAY GRANT THE REFUND ONLY IF CUSTOMS CONTROL , OR ADMINISTRATIVE INSPECTION AFFORDING EQUIVALENT GUARANTEES , ENSURES THAT THE BASIC PRODUCTS ARE USED FOR THE PURPOSE SPECIFIED IN THE APPLICATION REFERRED TO IN ARTICLE 3 .

ARTICLE 3

1 . THE PRODUCTION REFUND SHALL BE GRANTED ONLY TO PROCESSORS WHO GUARANTEE THAT THE CONTROL PROVIDED FOR IN ARTICLE 2 ( 2 ) CAN BE CARRIED OUT AT ANY TIME AND WHO HAVE SUBMITTED AN APPLICATION SPECIFYING THE CHEMICAL PRODUCT IN THE MANUFACTURE OF WHICH THE BASIC PRODUCT IS TO BE USED .

2 , THE MEMBER STATE CONCERNED MAY MAKE ENTITLEMENT TO THE REFUND SUBJECT TO THESE PROCESSORS RECEIVING PRIOR APPROVAL .

ARTICLE 4

THE AMOUNT OF THE PRODUCTION REFUND ON WHITE SUGAR SHALL BE EQUAL TO THAT OF THE PRODUCTION REFUND FIXED , PURSUANT TO ARTICLE 11 ( 1 ) ( A ) OF COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1254/78 ( 2 ), FOR MAIZE USED IN THE COMMUNITY IN THE MANUFACTURE OF STARCH , CALCULATED PER 100 KILOGRAMS OF DRY MATTER OF GLUCOSE , USING A YIELD COEFFICIENT TO BE DETERMINED .

ARTICLE 5

THE AMOUNT OF THE PRODUCTION REFUND GRANTED PER 100 KILOGRAMS OF RAW SUGAR SHALL BE EQUAL TO ONE HUNDREDTH OF THE AMOUNT APPLICABLE ON THE USE OF WHITE SUGAR , MULTIPLIED BY THE YIELD OF THE RAW SUGAR USED , WHICH YIELD SHALL BE DETERMINED IN ACCORDANCE WITH ARTICLE 1 OF COUNCIL REGULATION ( EEC ) NO 431/68 OF 9 APRIL 1968 DETERMINING THE STANDARD QUALITY FOR RAW SUGAR AND FIXING THE COMMUNITY FRONTIER CROSSING POINT FOR CALCULATING CIF PRICES FOR SUGAR ( 3 ).

ARTICLE 6

THE AMOUNT OF THE PRODUCTION REFUND GRANTED PER 100 KILOGRAMS OF THE SUCROSE SYRUPS REFERRED TO IN ARTICLE 1 SHALL BE EQUAL TO ONE HUNDREDTH OF THE AMOUNT APPLICABLE ON THE USE OF WHITE SUGAR MULTIPLIED BY THE SUCROSE CONTENT OF THE SYRUP USED .

ARTICLE 7

REGULATION ( EEC ) NO 765/68 IS HEREBY REPEALED .

ARTICLE 8

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY FROM 1 AUGUST 1978 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 20 JUNE 1978 .

FOR THE COUNCIL

THE PRESIDENT

P . DALSAGER

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ANNEX

LIST OF PRODUCTS

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CCT HEADING NO // DESCRIPTION //

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EX 13.03 C III

CARRAGEENAN

EX 15.11 B

GLYCEROL , OTHER THAN CRUDE

EX 17.02 D II

SORBOSE

28.17 A

SODIUM HYDROXIDE ( CAUSTIC SODA )

EX 28.45 B

SODIUM SILICATES

EX 29.04 C I

DIOLS

29.04 C II

MANNITOL

29.04 C III

SORBITOL

29.04 C IV

OTHER POLYHYDRIC ALCOHOLS

29.05 A III

STEROLS AND INOSITOLS

EX 29.10 B

METHYL-GLUCOSIDES

EX 29.14 A OR B

MANNITOL AND SORBITOL ESTERS ; SODIUM HEPTONATE

29.15 A I

OXALIC ACID , ITS SALTS AND ESTERS

EX 29.15 A V

CITRACONIC ACID , ITACONIC ACID , SUCCINIC ACID , THEIR SALTS AND ESTERS

29.16 A I

LACTIC ACID , ITS SALTS AND ESTERS

29.16 A III

TARTARIC ACID , ITS SALTS AND ESTERS

29.16 A IV

CITRIC ACID , ITS SALTS AND ESTERS

EX 29.16 A VIII

GLYCERIC ACID , GLYCOLLIC ACID , SACCHARONIC ACID , ISOSACCHARONIC ACID , HEPTASACCHARIC ACID , THEIR SALTS AND ESTERS

EX 29.16 C III

KETOGLUTARIC ACID , LEVULINIC ACID , THEIR SALTS AND ESTERS

EX 29.16 D

GLUCURANIC ACID , KETOGLUCONIC ACID , THEIR SALTS AND ESTERS ; LACTOBIONATES

EX 29.19 A

LACTOPHOSPHATES

EX 29.22 D II

TETRAMETHYL-PARA-AMINOTRIPHENYLCARBINOL

29.23 D

AMINO-ACIDS

29.35 A

FURFURAL ( FURFUROL ) AND BENZOFURAN ( COUMARONE )

29.35 B

FURFURYL AND TETRAHYDROFURFURYL ALCOHOLS

29.35 I J

NUCLEIC ACIDS AND THEIR SALTS

EX 29.35 Q

HYDROXYMETHYLFURFURAL AND DERIVATIVES , LACTIDE , PURINE , PYRIMIDINE , MALTOL , ISOMALTOL , PIPERIDINE , PIPERAZINE , LACTONES OF GLUCARIC ACID , LACTONES OF GLUCURONIC ACID , ANHYDRIC COMPOUNDS OF MANNITOL AND SORBITOL , AS FOR EXAMPLE SORBITAN , EXCLUDING MALTOL AND ISOMALTOL

EX 29.38 B II

VITAMIN B 12

29.38 B IV

VITAMIN C

EX 29.39 E

OTHER HORMONES

EX 29.43 B

LEVULOSE , ITS SALTS AND ESTERS ; SORBOSE , ITS SALTS AND ESTERS

29.44 A

PENICILLINS

29.44 C

OTHER ANTIBIOTICS

EX 30.03 A II

MEDICAMENTS ( INCLUDING VETERINARY MEDICAMENTS ) NOT PUT UP FOR RETAIL SALE , CONTAINING PENICILLIN , STREPTOMYCINE OR THEIR DERIVATIVES , OR CONTAINING OTHER ANTIBIOTICS OR DERIVATIVES THEREOF

EX 32.01 B

TANNIN ETHERS

32.05 A

SYNTHETIC ORGANIC DYESTUFFS

32.05 C

SYNTHETIC ORGANIC PRODUCTS OF THE TYPE USED AS ' LUMINOPHORES '

32.05 D

PRODUCTS OF THE KIND KNOWN AS OPTICAL BLEACHING AGENTS , SUBSTANTIVE TO THE FIBRE

EX 34.01

TRANSLUCENT SOAPS

34.02

ORGANIC SURFACE-ACTIVE AGENTS ; SURFACE-ACTIVE PREPARATIONS AND WASHING PREPARATIONS , WHETHER OR NOT CONTAINING SOAP

EX 35.03 B

GLUES DERIVED FROM BONES , HIDES , NERVES , TENDONS OR FROM SIMILAR PRODUCTS , AND FISH GLUES

EX 35.07

ENZYMES

EX 38.11 B

ORGANO-COPPER PREPARATIONS

EX 38.11 D

DISINFECTANTS , INSECTICIDES , FUNGICIDES , HERBICIDES , RAT POISONS , ANTI-PARASITE PREPARATIONS AND SIMILAR PRODUCTS PUT UP IN FORMS OR PACKINGS FOR SALE BY RETAIL OR AS PREPARATIONS OR ARTICLES ( FOR EXAMPLE SULPHUR-TREATED BANDS , WICKS AND CANDLES , FLY-PAPERS ) EXCLUDING PREPARATIONS BASED ON ETHYLENE DIBROMIDE CONTAINING A MAXIMUM OF 70 % BY WEIGHT OF ETHYLENE DIBROMIDE ( 1.2 - DIBROMOETHANE ) PRESENTED IN THE FORM OF EMULSIONS CONTAINING AN EMULSIFYING PRODUCT IN A PROPORTION OF 3-5 % BY WEIGHT AND HAVING AS DILUENT XYLENE OR PETROLEUM

EX 38.12 A

PREPARED DRESSINGS OF THE TYPE USED IN THE TEXTILE INDUSTRY

38.19 Q

FOUNDRY CORE BINDERS BASED ON SYNTHETIC RESINS

38.19 T

SORBITOL , OTHER THAN THAT FALLING WITHIN SUBHEADING 29.04 C III

EX 38.19 U

PRODUCTS FROM CRACKING OF SORBITOL ; PARTING AGENTS FOR EXPOSED AGGREGATE CONCRETE , RETARDING AGENTS FOR CEMENT HARDENING ; SOFTENING AGENTS , FOUNDRY CORE BINDERS BASED ON SODIUM SILICATE , EPOXY POLISHERS ; CALCIUM POLYLACTATE , LACTOGLYCERIDES

39.01 C I

PHENOPLASTS

39.01 C II

AMINOPLASTS

EX 39.01 C VII

POLYALKYLENE GLYCOL ETHERS

EX 39.06 B

DEXTRANS AND HETEROPOLYSACCHARIDES