EN Official Journal of the European Communities 6. 11. 98 L 297/19
COMMISSION REGULATION (EC) No 2398/98
of 5 November 1998
fixing the rates of the refunds applicable to certain cereal and rice-products
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 1766/92
of 30 June 1992 on the common organization of themarket in cereals (
1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article
13 (3) thereof,
Having regard to Council Regulation (EC) No 3072/95 of
22 December 1995 on the common organization of themarket in rice (
3), as last amended by Regulation (EC) No
2072/98 (4), and in particular Article 13 (3) thereof,
Whereas Article 13 (1) of Regulation (EEC) No 1766/92
and Article 13 (1) of Regulation (EC) No 3072/95 providethat the difference between quotations of prices on theworld market for the products listed in Article 1 of eachof those Regulations and the prices within theCommunity may be covered by an export refund;
Whereas Commission Regulation (EC) No 1222/94 of 30
May 1994 laying down common implementing rules forgranting export refunds on certain agricultural productsexported in the form of goods not covered by Annex II tothe Treaty, and the criteria for fixing the amount of suchrefunds (
5), as last amended by Regulation (EC) No 1352/
98 (6), 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 B toRegulation (EEC) No 1766/92 or in Annex B to Regula-tion (EC) No 3072/95 as appropriate;
Whereas, in accordance with the first subparagraph of
Article 4 (1) of Regulation (EC) No 1222/94, the rate ofthe refund per 100 kilograms for each of the basic prod-ucts in question must be fixed for each month;Whereas, now that a settlement has been reached between
the European Community and the United States ofAmerica on Community exports of pasta products to theUnited States and has been approved by Council Decision87/482/EEC (
7), it is necessary to differentiate the refund
on goods falling within CN codes 1902 11 00 and1902 19 according to their destination;
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 Commis-sion Regulation (EEC) No 1722/93 (
8), as last amended by
Regulation (EC) No 1011/98 (9), for the basic product in
question, used during the assumed period of manufactureof the goods;
Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by itschairman,
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 either in Article 1 of Regulation (EEC) No1766/92 or in Article 1 (1) of Regulation (EC) No 3072/95, exported in the form of goods listed in Annex B toRegulation (EEC) No 1766/92 or in Annex B to amendedRegulation (EC) No 3072/95 respectively, are hereby fixedas shown in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on 6 November
1998.
(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 329, 30. 12. 1995, p. 18.
(4) OJ L 265, 30. 9. 1998, p. 4. (7) OJ L 275, 29. 9. 1987, p. 36.
(5) OJ L 136, 31. 5. 1994, p. 5. (8) OJ L 159, 1. 7. 1993, p. 112.
(6) OJ L 184, 27. 6. 1998, p. 25. (9) OJ L 145, 15. 5. 1998, p. 11.
EN Official Journal of the European Communities 6. 11. 98 L 297/20
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 5 November 1998.
For the Commission
Martin BANGEMANN
Member of the Commission
EN Official Journal of the European Communities 6. 11. 98 L 297/21
CN code Description of products (1)Rate of refund
per 100 kg of basic
productANNEX
to the Commission Regulation of 5 November 1998 fixing the rates of the refunds applicable to
certain cereals and rice products exported in the form of goods not covered by Annex II to the
Treaty
1001 10 00 Durum wheat:
– on exports of goods falling within CN codes 1902 11 and
1902 19 to the United States of America 0,910
– in other cases 1,400
1001 90 99 Common wheat and meslin:
– on exports of goods falling within CN codes 1902 11 and
1902 19 to the United States of America 1,528
– in other cases:
– – where pursuant to Article 4 (5) of Regulation (EC) No
1222/94 (2)—
– – in other cases 2,350
1002 00 00 Rye 4,906
1003 00 90 Barley 5,944
1004 00 00 Oats 4,294
1005 90 00 Maize (corn) used in the form of:
– starch:
– – where pursuant to Article 4 (5) of Regulation (EC) No
1222/94 (2) 1,451
– – in other cases 5,090
– glucose, glucose syrup, maltodextrine, maltodextrine syrup of
CN codes 1702 30 51, 1702 30 59, 1702 30 91, 1702 30 99,1702 40 90, 1702 90 50, 1702 90 75, 1702 90 79, 2106 90 55 (
3):
– – where pursuant to Article 4 (5) of Regulation (EC) No
1222/94 (2) 0,766
– – in other cases 4,405
– other (including unprocessed) 5,090
Potato starch of CN code 1108 13 00 similar to a product obtainedfrom processed maize:
– where pursuant to Article 4 (5) of Regulation (EC) No 1222/94 (2) 1,451
– in other cases 5,090
ex 1006 30 Wholly-milled rice:
– round grain —
– medium grain —
– long grain —
1006 40 00 Broken rice 3,100
1007 00 90 Sorghum 5,944
(1) As far as agricultural products obtained from the processing of a basic product or/and assimilated products are concerned,
the coefficients shown in Annex E of amended Commission Regulation (EC) No 1222/94 shall be applied (OJ L 136, 31. 5.
1994, p. 5).
(2) The goods concerned are listed in Annex I of amended Regulation (EEC) No 1722/93 (OJ L 159, 1. 7. 1993, p. 112).
(3) For syrups of CN codes NC 1702 30 99, 1702 40 90 and 1702 60 90, obtained from mixing glucose and fructose syrup, the
export refund may be granted only for the glucose syrup.