EN Official Journal of the European Communities 31. 12. 98 L 358/83
COMMISSION REGULATION (EC) No 2862/98
of 30 December 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 in
advance 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 Article 2 of Council Regulation (EC) No 1103/
97 of 17 June 1997 on certain provisions relating to theintroduction of the euro (
7) provides that, as from 1
January 1999, all references to the ecu in legal instru-ments are to be replaced by references to the euro at therate of EUR 1 to ECU 1,
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 January 1999.
(1) OJ L 177, 1. 7. 1981, p. 4.
(2) OJ L 159, 3. 6. 1998, p. 38. (5) OJ L 94, 9. 4. 1986, p. 9.
(3) OJ L 136, 31. 5. 1994, p. 5. (6) OJ L 150, 25. 6. 1996, p. 3.
(4) OJ L 184, 27. 6. 1998, p. 25. (7) OJ L 162, 19. 6. 1997, p. 1.
EN Official Journal of the European Communities 31. 12. 98 L 358/84
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 30 December 1998.
For the Commission
Karel VAN MIERT
Member of the Commission
ANNEX
to the Commission Regulation of 30 December 1998 fixing the rates of the refunds appli-
cable 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 EUR/100 kg
Product In case of
advance fixing of
refundsOther
White sugar:
— pursuant to Article 4(5)(b) of Regulation (EC) No
1222/942,07 2,07
— in all other cases 46,23 46,23