31968R2100

594 Official Journal of the European Communities

No L 309/4 Official Journal of the European Communities 24.12.68

REGULATION (EEC) No 2100/68 OF THE COUNCIL of 20 December 1968 amending Regulation No 1009/67/EEC on the common organisation of the market in sugar

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas Article 17 ( 1 ) of Regulation No 1009/67/ EEC provides for an export refund to be granted on white sugar, raw sugar and certain syrups falling Having regard to the Treaty establishing the within headings nos 17.02 and 17.05 of the Common European Economic Community, and in particular Customs Tariff, exported in the natural §tate or Article 43 thereof; in the form of goods listed in the Annex to that Regulation; whereas Article 5 ( 1 ) of Council Regula­ tion (EEC) No 765/683 of 18 June 1968 laying down Having regard to the proposal from the Commission ; general rules for the production refund on sugar used in the chemical industry fixed the production Having regard to the Opinion of the European refund for 100 kilogrammes of white sugar used in Parliament1; the manufacture of the products listed in Annex 1 to that Regulation, and in particular in the manu­ Whereas Article 8 of Council Regulation No 1009/67/ facture of mannitol, sorbitol and certain of their EEC2 of 18 December 1967 on the common organis­ derivatives, at an amount equal to the intervention ation of the market in sugar provides for the reim­ price valid for the area in which the sugar is bursement of storage costs for white sugar and raw processed, less 13-30 units of account; whereas the world market price for sugar is normally much lower sugar; whereas in some instances sugar manufacturers process . beet into an intermediate liquid product, than 13-30 units of account per 100 kilogrammes ; known as syrup, which can be stored; whereas this whereas provision should therefore be made for the syrup is ultimately processed into white sugar; possibility of granting an export refund not only on whereas this . sugar is normally disposed of as and mannitol and sorbitol, as provided in Regulation • when it is manufactured so that, although it is No 1009/67/EEC, but also on their derivatives; subject to the payment of the levy charged under whereas the Annex to that Regulation should the arrangements to offset storage costs, it derives therefore be amended accordingly; little benefit from the reimbursement of these costs ; whereas in these circumstances reimbursement of Whereas active natural bakers' yeasts are the only storage costs should be extended to the syrup products falling within heading No 21.06 of the mentioned above ; Common Customs Tariff which are. obtained from molasses ; whereas that Annex should therefore be Whereas detailed rules are necessary for the amended accordingly; application of Article 27- of Regulation No 1009/67/ EEC, in particular with regard to the dates on which Whereas, in view of the amendments made to the the levy provided for falls due; nomenclature of the Common Customs Tariff, a new version of that Annex should be prepared ; Whereas in the French departments of Guadeloupe and Martinique the manufacturing period for sugar HAS ADOPTED THIS REGULATION : begins in January and finishes towards the end of June ; whereas it is therefore necessary in respect of these departments to specify dates other than those Article 1 specified in Article 32 of Regulation No 1009 /67/ EEC for the carry-forward from one marketing year The following shall be substituted for Article 8 ( 1 ) to the next ; of Regulation No 1009/67/EEC :

1 OJ No C 135 , 14.12.1968 , p. 18 . 2 OJ No 308 , 18.12.1967, p. 1 . 3 OJ No L 143 , 25.6.1968 , p . 1 .

Official Journal of the European Communities 595

'1 Subject to the provisions of Article 32 (2), 'As far as factories or undertakings situated in storage costs for white sugar, raw sugar, and the French departments of Guadeloupe and certain syrups produced prior to the crystallising Martinique are concerned, however, 1 February stage, manufactured from beet or cane harvested in the first indent of the first subparagraph shall in the Community, shall , be reimbursed at a flat be replaced by 1 May and the period 1 February rate by the Member States . to 31 January of the following year in the second indent of the same subparagraph shall be Member States shall charge a levy on each sugar replaced by 1 May to 30 April of the following manufacturer per unit of weight of sugar yeaj. If final production for the marketing year in question falls short of the estimates made produced. when the decision to carry forward was taken, the quantity carried forward may be adjusted The amount of the reimbursement shall be the retroactively before 1 August of the following same for the whole Community. The same rule marketing year.' shall apply to the levy.'

Article 2 Article 4 1 . The second subparagraph of Article 27 (2) of The text of the Annex to this Regulation shall be Regulation No 1009/67/EEC is hereby repealed. substituted for that of the Annex to Regulation No 1009/ 67/EEC. 2. The following paragraph 5 shall be added to Article 27 of Regulation No 1009/67/EEC : '5 Detailed rules for the application of this Article 5 Article shall be adopted in accordance with the procedure laid down in Article 40.' 1 . This Regulation shall enter into force on the third day following its publication in the Official Article 3 Journal of the European Communities.

The following shall be added to Article 32 (2) of 2. The provisions of Article 1 shall take effect on Regulation No 1009/67/EEC : 1 July 1968 .

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

Done at Brussels , 20 December 1968 .

For the Council The President V. LATTANZIO

596 Official Journal of the European Communities

ANNEX

CCT heading Description of good s No

17.04 Sugar confectionery, not containing cocoa : B. Chewing gum C. White chocolate D. Not specified ex 18.06 Chocolate and other food preparations containing cocoa and sugar (sucrose or invert sugar) ex 19.02 Preparations of flour, starch or malt extract, of a kind used as infant food or for dietetic or culinary purposes, containing less than 50% by weight of cocoa , containing sugar (sucrose or invert sugar) ex 19.08 Pastry, biscuits , cakes and other fine bakers' wares , whether or not containing cocoa in any proportion , containing sugar (sucrose or invert sugar) 21.06 Natural yeasts ( active or inactive); prepared baking powders : A. Active natural yeasts : II . Bakers' yeast ex 21.07 Food preparations not elsewhere specified or included, containing sugar (sucrose or invert sugar) ex 22.02 Lemonade, flavoured spa waters and flavoured aerated waters , and other non-alcholic beverages, containing sugar (sucrose or invert sugar), not including fruit and vegetable juices falling within heading No 20.07 22.09 Spirits (other than those of heading No 22.08 ) ; liqueurs and other spirituous beverages ; compound alcoholic preparations (known as 'concentrated extracts') for the manufacture of beverages : C. Spirituous beverages : ex V. Other, containing sugar (sucrose or invert sugar) 29.04 Acyclic alcohols and their halogenated , sulphonated , nitrated or nitrosated derivatives : C. Polyhydric 1 alcohols : II . Mannitol III. Sorbitol 29.16 Alcohol-acids , aldehyde-acids, ketone-acids , phenol-acids and other single or complex oxygen-function acids , and their anhydrides, acid halides, acid peroxides and peracids, and their halogenated, sulphonated , nitrated or nitrosated derivatives : ex A. Mannitol or sorbitol esters ; glyceric acid, glycollic acid, saccharonic acid, heptasaccharic acid, and their salts and esters 29.35 Heterocyclic compounds ; nucleic acids : ex T. Other, anhydric compounds of mannitol or sorbitol (as, for example, sorbitans) not including maltol and isomaltol 29.43 Sugars, chemically pure , other than sucrose , glucose and lactose ; sugar ethers and sugar esters , and their salts, other than products of headings Nos 29.39 , 29.41 and 29.42 :

ex B. Other, sorbose, its salts and esters ; methyl glucosides 38.19 Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included ; residual products of the chemical or allied industries , not elsewhere specified or included. R. Foundry core binders based on synthetic resins ex T. Other, sorbitol cracking products