EN Official Journal of the European Communities 10. 12. 98 L 335/5
COMMISSION REGULATION (EC) No 2638/98
of 9 December 1998
fixing the export refunds on white sugar and raw sugar exported in its unaltered
state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EEC) No 1785/81
of 1 June 1981 on the common organization of themarkets in the sugar sector (
1), as last amended by Regula-
tion (EC) No 1148/98 (2), and in particular point (a) of the
first subparagraph of Article 19 (4) thereof,
Whereas Article 19 of Regulation (EEC) No 1785/81
provides that the difference between quotations or priceson the world market for the products listed in Article 1 (1)(a) of that Regulation and prices for those products withinthe Community may be covered by an export refund;
Whereas Regulation (EEC) No 1785/81 provides that
when refunds on white and raw sugar, undenatured andexported in its unaltered state, are being fixed accountmust be taken of the situation on the Community andworld markets in sugar and in particular of the price andcost factors set out in Article 17a of that Regulation;whereas the same Article provides that the economicaspect of the proposed exports should also be taken intoaccount;
Whereas the refund on raw sugar must be fixed in respect
of the standard quality; whereas the latter is defined inArticle 1 of Council Regulation (EEC) No 431/68 of 9April 1968 determining the standard quality for raw sugarand fixing the Community frontier crossing point forcalculating cif prices for sugar (
3), as amended by Regula-
tion (EC) No 3290/94 (4); whereas, furthermore, this
refund should be fixed in accordance with Article 17a (4)of Regulation (EEC) No 1785/81; whereas candy sugar isdefined in Commission Regulation (EC) No 2135/95 of 7September 1995 laying down detailed rules of applicationfor the grant of export refunds in the sugar sector (
5);
whereas the refund thus calculated for sugar containingadded flavouring or colouring matter must apply to theirsucrose content and, accordingly, be fixed per 1 % of thesaid content;
Whereas the world market situation or the specific
requirements of certain markets may make it necessary tovary the refund for sugar according to destination;Whereas, in special cases, the amount of the refund may
be fixed by other legal instruments;
Whereas the representative market rates defined in Article
1 of Council Regulation (EEC) No 3813/92 (
6), as last
amended by Regulation (EC) No 150/95 (7), are used to
convert amounts expressed in third country currenciesand are used as the basis for determining the agriculturalconversion rates of the Member States’ currencies;whereas detailed rules on the application and determina-tion of these conversions were set by Commission Regu-lation (EEC) No 1068/93 (
8), as last amended by Regula-
tion (EC) No 961/98 (9);
Whereas the refund must be fixed every two weeks;
whereas it may be altered in the intervening period;
Whereas it follows from applying the rules set out above
to the present situation on the market in sugar and inparticular to quotations or prices for sugar within theCommunity and on the world market that the refundshould be as set out in the Annex hereto;
Whereas Article 2 of Council Regulation (EC) No 1103/
97 of 17 June 1997 on certain provisions relating to theintroduction of the euro (
10) 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 export refunds on the products listed in Article 1 (1)
(a) of Regulation (EEC) No 1785/81, undenatured andexported in the natural state, are hereby fixed to theamounts shown in the Annex hereto.
Article 2
This Regulation shall enter into force on 10 December
1998.
(1) OJ L 177, 1. 7. 1981, p. 4. (6) OJ L 387, 31. 12. 1992, p. 1.
(2) OJ L 159, 3. 6. 1998, p. 38. (7) OJ L 22, 31. 1. 1995, p. 1.
(3) OJ L 89, 10. 4. 1968, p. 3. (8) OJ L 108, 1. 5. 1993, p. 106.
(4) OJ L 349, 31. 12. 1994, p. 105. (9) OJ L 135, 8. 5. 1998, p. 5.
(5) OJ L 214, 8. 9. 1995, p. 16. (10) OJ L 162, 19. 6. 1997, p. 1.
EN Official Journal of the European Communities 10. 12. 98 L 335/6
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 9 December 1998.
For the Commission
Franz FISCHLER
Member of the Commission
ANNEX
to the Commission Regulation of 9 December 1998 fixing the export refunds on white sugar
and raw sugar exported in its unaltered state
Product code Amount of refund
— ECU/100 kg —
1701 11 90 9100 42,35 (1)
1701 11 90 9910 41,23 (1)
1701 11 90 9950 (2)
1701 12 90 9100 42,35 (1)
1701 12 90 9910 41,23 (1)
1701 12 90 9950 (2)
— ECU/1 % of sucrose × 100 kg —
1701 91 00 9000 0,4604
— ECU/100 kg —
1701 99 10 9100 46,04
1701 99 10 9910 46,04
1701 99 10 9950 46,04
— ECU/1 % of sucrose × 100 kg —
1701 99 90 9100 0,4604
(1) Applicable to raw sugar with a yield of 92 %; if the yield is other than 92 %,
the refund applicable is calculated in accordance with the provisions ofArticle 17a (4) of Regulation (EEC) No 1785/81.
(
2) Fixing suspended by Commission Regulation (EEC) No 2689/85 (OJ L 255, 26. 9.
1985, p. 12), as amended by Regulation (EEC) No 3251/85 (OJ L 309, 21. 11.1985, p. 14).