EN Official Journal of the European Communities 1. 9. 1999 L 231/9
COMMISSION REGULATION (EC) No 1874/1999
of 31 August 1999
fixing the rates of refunds applicable to certain products from the sugar sector exported in the
form of goods not covered by Annex I 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 organisation of the market insugar (
1), as last amended by Commission Regulation (EC) No
1148/98 (2) and in particular Article 17(5) (a) and (15),
(1)Whereas Article 17 (1) and (2) of Regulation (EEC) No1785/81 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 andprices within the Community may be covered by anexport refund where these products are exported in theform of goods listed in the Annex to that Regulation;whereas Commission Regulation (EC) No 1222/94 of 30May 1994 laying down common implementing rules forgranting export refunds on certain agricultural productsexported in the form of goods not covered by Annex Ito the Treaty and the criteria for fixing the amount ofsuch refunds (
3) as last amended by Regulation (EC) No
1702/1999 (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;
(2)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;
(3)Whereas Article 17(3) of Regulation (EEC) No 1785/81and Article 11 of the Agreement on Agricultureconcluded under the Uruguay Round lay down that theexport refund for a product contained in a good maynot exceed the refund applicable to that product whenexported without further processing;
(4)Whereas the refunds fixed under this Regulation may befixed in advance; whereas the market situation over thenext few months cannot be established at the moment;(5)Whereas the commitments entered into with regard torefunds which may be granted for the export of agricul-tural products contained in goods not covered by AnnexI 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 ameasure which enables these various objectives to bemet;
(6)Whereas Article 4(5)(b) of Regulation (EC) No 1222/94provides 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 1148/98,for the basic product in question, used during theassumed period of manufacture of the goods;
(7)Whereas the Management Committee for Sugar has notdelivered an opinion within the time limit set by itschairman,
HASADOPTED THISREGULATION:
Article 1
The rates of the refunds applicable to the basic products
appearing in Annex A to Regulation (EC) No 1222/94 andlisted in Article 1(1) and (2) of Regulation (EEC) No 1785/81,exported in the form of goods listed in Annex I to Regulation(EEC) No 1785/81, are fixed as shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 1 September 1999.
(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.
(4) OJ L 201, 31.7.1999, p. 30. (5) OJ L 94, 9.4.1986, p. 9.
EN Official Journal of the European Communities 1. 9. 1999 L 231/10
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 August 1999.
For the Commission
Karel VAN MIERT
Member of the Commission
ANNEX
to the Commission Regulation of 31 August 1999 fixing the rates of the refunds applicable to certain products in
the sugar sector exported in the form of goods not covered by Annex I to the Treaty
Rate of refund in EUR/100 kg
Product In case of
advance fixing of
refundsOther
White sugar:
— pursuant to Article 4(5)(b) of Regulation (EC) No
1222/94— 0,56
— in all other cases — 47,30