EN Official Journal of the European Communities 28. 2. 98 L 60/60
COMMISSION REGULATION (EC) No 485/98
of 27 February 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 Regulation (EC)
No 1599/96 (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 May1994 laying down common implementing rules forgranting export refunds on certain agricultural productsexported in the form of goods not covered by Annex IIto the Treaty and the criteria for fixing the amount ofsuch refunds (
3) as last amended by Regulation (EC) No
1909/97 (4) specifies the products for which a rate of
refund should be fixed, to be applied where these prod-ucts are exported in the form of goods listed in Annex Ito Regulation (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 ofexport refund has to be fixed, taking account of theamount of the production refund applicable, pursuant toCouncil Regulation (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 of manufacture 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 March 1998.
(1) OJ L 177, 1. 7. 1981, p. 4.
(2) OJ L 206, 16. 8. 1996, p. 43.
(3) OJ L 136, 31. 5. 1994, p. 5. (5) OJ L 94, 9. 4. 1986, p. 9.
(4) OJ L 268, 1. 10. 1997, p. 20. (6) OJ L 150, 25. 6. 1996, p. 3.
EN OfficialJournaloftheEuropeanCommunities 28.2.98 L60/61
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicableinallMember
States.
DoneatBrussels,27February1998.
FortheCommission
MartinBANGEMANN
MemberoftheCommission
ANNEX
totheCommissionRegulationof27February1998fixingtheratesoftherefundsapplicable
tocertainproductsinthesugarsectorexportedintheformofgoodsnotcoveredbyAnnex
IItotheTreaty
RateofrefundinECU/100kg
Product Incaseof
advancefixingof
refundsOther
Whitesugar:
¾pursuanttoArticle4(5)(b)ofRegulation(EC)
No1222/946,10 6,10
¾inallothercases 40,79 40,79
Rawsugar:
¾pursuanttoArticle4(5)(b)ofRegulation(EC)
No1222/945,62 5,62
¾inallothercases 37,53 37,53
Syrupsofbeetsugarorcanesugar,otherthanthe
syrupsobtainedbydissolvingwhiteorrawsugarin
thesolidstate,containing,inthedrystate,85%or
morebyweightofsucrose(includinginvertsugar
expressedassucrose):
¾pursuanttoArticle4(5)(b)ofRegulation(EC)
No1222/946,10(4)´S(1)
1006,10(4)´S(1)
100
¾inallothercases 40,79(4)´S(1)
10040,79(4)´S(1)
100
Forsyrupsobtainedbydissolvingwhiteorrawsugar
inthesolidstate,whetherornotthedissolvingis
followedbyinversion:theratefixedabovefor100kgofwhiteor
rawsugarusedforthedissolution
Molasses ¾ ¾
Isoglucose(2)
¾pursuanttoArticle4(5)(b)ofRegulation(EC)
No1222/946,10(3) 6,10(3)
¾inallothercases 40,79(3) 40,79(3)
(1)‘S'representsin100kilogramsofsyrup:
¾thesucrosecontent(includinginvertsugarexpressedassucrose)ofthesyrupinquestion,wherethelatterisnot
lessthan98%pure,
¾theextractablesugarcontentofthesyrupinquestion,wherethelatterisnotlessthan85%,butlessthan
98%pure.
(2)Productsobtainedbyisomerizationofglucose,whichhaveacontentbyweightinthedrystateofatleast41%
fructoseandofwhichthetotalcontentbyweightinthedrystateofpolysaccharidesandoligosaccharides,
includingthedi-ortrisaccharidescontent,doesnotexceed8,5%.
(3)Amountofrefundper100kilogramsofdrymatter.
(4)Thebasicamountisnotapplicabletotheproductdefinedunderpoint2oftheAnnextoCommissionRegulation
(EEC)No3513/92(OJL355,5.12.1992,p.12).