EN Official Journal of the European Communities 1. 9. 98 L 242/21
COMMISSION REGULATION (EC) No 1873/98
of 31 August 1998
fixing the rates of 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,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of themarket in sugar (
1), as last amended by Commission Regu-
lation (EC) No 1148/98 (2) and in particular Article 17 (5)
(a) and (15),
Whereas Article 17 (1) and (2) of Regulation (EEC) No
1785/81 provides that the differences between the pricesin international trade for the products listed in Article 1(1) (a), (c), (d), (f), (g) and (h) of that Regulation and priceswithin the Community may be covered by an exportrefund where these products are exported in the form ofgoods listed in the Annex to that Regulation; whereasCommission Regulation (EC) No 1222/94 of 30 May 1994laying down common implementing rules for grantingexport refunds on certain agricultural products exportedin the form of goods not covered by Annex II to theTreaty and the criteria for fixing the amount of suchrefunds (
3) as last amended by Regulation (EC) No 1352/
98 (4) specifies the products for which a rate of refund
should be fixed, to be applied where these products areexported in the form of goods listed in Annex I to Regu-lation (EEC) No 1785/81;
Whereas, in accordance with Article 4 (1) of Regulation
(EC) No 1222/94, the rate of the refund per 100 kilo-grams for each of the basic products in question must befixed for each month;
Whereas Article 17 (3) of Regulation (EEC) No 1785/81
and Article 11 of the Agreement on Agricultureconcluded under the Uruguay Round lay down that theexport refund for a product contained in a good may notexceed the refund applicable to that product whenexported without further processing;
Whereas the refunds fixed under this Regulation may be
fixed in advance; whereas the market situation over thenext few months cannot be established at the moment;Whereas the commitments entered into with regard to
refunds which may be granted for the export of agricul-tural products contained in goods not covered by AnnexII to the Treaty may be jeopardized by the fixing inadvance of high refund rates; whereas it is thereforenecessary to take precautionary measures in such situa-tions without, however, preventing the conclusion oflong-term contracts; whereas the fixing of a specificrefund rate for the advance fixing of refunds is a measurewhich enables these various objectives to be met;
Whereas Article 4 (5) (b) of Regulation (EC) No 1222/94
provides that in the absence of the proof referred to inArticle 4 (5) (a) of that Regulation, a reduced rate of exportrefund has to be fixed, taking account of the amount ofthe production refund applicable, pursuant to CouncilRegulation (EEC) No 1010/86 (
5), as last amended by
Commission Regulation (EC) No 1126/96 (6), for the basic
product in question, used during the assumed period ofmanufacture of the goods;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the ManagementCommittee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The rates of the refunds applicable to the basic products
appearing in Annex A to Regulation (EC) No 1222/94and listed in Article 1 (1) and (2) of Regulation (EEC) No1785/81, exported in the form of goods listed in Annex Ito Regulation (EEC) No 1785/81, are fixed as shown inthe Annex hereto.
Article 2
This Regulation shall enter into force on 1 September
1998.
(1) OJ L 177, 1. 7. 1981, p. 4.
(2) OJ L 159, 3. 6. 1998, p. 38.
(3) OJ L 136, 31. 5. 1994, p. 5. (5) OJ L 94, 9. 4. 1986, p. 9.
(4) OJ L 184, 27. 6. 1998, p. 25. (6) OJ L 150, 25. 6. 1996, p. 3.
EN Official Journal of the European Communities 1. 9. 98 L 242/22
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 31 August 1998.
For the Commission
Martin BANGEMANN
Member of the Commission
EN Official Journal of the European Communities 1. 9. 98 L 242/23
ANNEX
to the Commission Regulation of 31 August 1998 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
Product In case of
advance fixing of
refundsOther
White sugar:
¾pursuant to Article 4 (5) (b) of Regulation (EC)
No 1222/945,57 7,47
¾in all other cases 43,80 45,70
Raw sugar:
¾pursuant to Article 4 (5) (b) of Regulation (EC)
No 1222/945,12 6,87
¾in all other cases 40,30 42,04
Syrups of beet sugar or cane sugar, other than the
syrups obtained by dissolving white or raw sugar inthe solid state, containing, in the dry state, 85 % ormore by weight of sucrose (including invert sugarexpressed as sucrose):
¾pursuant to Article 4 (5) (b) of Regulation (EC)
No 1222/945,57 (4)·S(1)
1007,47 (4)·S(1)
100
¾in all other cases 43,80 (4)·S(1)
10045,70 (4)·S(1)
100
For syrups obtained by dissolving white or raw sugar
in the solid state, whether or not the dissolving isfollowed by inversion:the rate fixed above for 100 kg of white orraw sugar used for the dissolution
Molasses ¾ ¾
Isoglucose (2)
¾pursuant to Article 4 (5) (b) of Regulation (EC)
No 1222/945,57 (3) 7,47 (3)
¾in all other cases 43,80 (3) 45,70 (3)
(1) ‘S' represents in 100 kilograms of syrup:
¾the sucrose content (including invert sugar expressed as sucrose) of the syrup in question, where the latter is not
less than 98 % pure,
¾the 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, includingthe di- or trisaccharides content, does not exceed 8,5 %.
(
3) Amount of refund per 100 kilograms of dry matter.
(4) The basic amount is not applicable to the product defined under point 2 of the Annex to Commission Regulation
(EEC) No 3513/92 (OJ L 355, 5. 12. 1992, p. 12).