COMMISSION REGULATION (EC) No 255/98 of 30 January 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
Date: 1998-01-30
Institutions: European Commission
Subjects: export refund, isoglucose, molasses, raw sugar, syrup, white sugar

L 25/32

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Official Journal of the European Communities

31. 1. 98

COMMISSION REGULATION (EC) No 255/98

of 30 January 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 European
Community,

Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of the
market 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 prices
in international trade for the products listed in Article 1
(1) (a), (c), (d), (f), (g) and (h) of that Regulation and prices
within the Community may be covered by an export
refund where these products are exported in the form of
goods listed in the Annex to that Regulation; whereas
Commission Regulation (EC) No 1222/94 of 30 May 1994
laying down common implementing rules for granting
export refunds on certain agricultural products exported
in the form of goods not covered by Annex II to the
Treaty and the criteria for fixing the amount of such
refunds (3) as
last amended by Regulation (EC) No
1909/97 (4) specifies the products for which a rate of
to be applied where these
refund should be fixed,
products are exported in the form of goods listed in
Annex I to Regulation (EEC) No 1785/81;

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 Annex
II to the Treaty may be jeopardized by the fixing in
advance of high refund rates; whereas it
is therefore
necessary to take precautionary measures in such situa-
tions without, however, preventing the conclusion of
long-term contracts; whereas the fixing of a specific
refund rate for the advance fixing of refunds is a measure
which 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 in
Article 4 (5) (a) of that Regulation, a reduced rate of export
refund has to be fixed, taking account of the amount of
the production refund applicable, pursuant to Council
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
the Management
in accordance with the opinion of
Committee for Sugar,

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 be
fixed for each month;

Article 1

HAS ADOPTED THIS REGULATION:

Whereas Article 17 (3) of Regulation (EEC) No 1785/81
and Article 11 of
the Agreement on Agriculture
concluded under the Uruguay Round lay down that the
export refund for a product contained in a good may not
exceed the refund applicable to that product when
exported without further processing;

The rates of the refunds applicable to the basic products
appearing in Annex A to Regulation (EC) No 1222/94
and listed 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.

Whereas the refunds fixed under this Regulation may be
fixed in advance; whereas the market situation over the
next few months cannot be established at the moment;

Article 2

(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.
(4) OJ L 268, 1. 10. 1997, p. 20.

This Regulation shall enter into force on 1 February 1998.

(5) OJ L 94, 9. 4. 1986, p. 9.
(6) OJ L 150, 25. 6. 1996, p. 3.

31. 1. 98

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Official Journal of the European Communities

L 25/33

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 30 January 1998.

For the Commission

Hans VAN DEN BROEK

Member of the Commission

ANNEX

to the Commission Regulation of 30 January 1998 fixing the rates of
the refunds
applicable 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 ECU/100 kg

Product

In case of
advance fixing
of refunds

White sugar:
— pursuant to Article 4 (5) (b) of Regulation (EC)

No 1222/94
— in all other cases

Raw sugar:
— pursuant to Article 4 (5) (b) of Regulation (EC)

No 1222/94
— in all other cases

Syrups of beet sugar or cane sugar, other than the
syrups obtained by dissolving white or raw sugar in
the solid state, containing, in the dry state, 85 % or
more by weight of sucrose (including invert sugar
expressed as sucrose):
— pursuant to Article 4 (5) (b) of Regulation (EC)

No 1222/94

— in all other cases

Other

5,53

40,22

5,09

37,00

5,53

40,22

5,09

37,00

5,53 (4) × S (1)
100
40,22 ( 4) × S (1)
100

5,53 (4) × S (1)
100
40,22 (4) × S (1)
100

For syrups obtained by dissolving white or raw sugar
in the solid state, whether or not the dissolving is
followed by inversion

the rate fixed above for 100 kg of white or raw sugar
used for the dissolution

Molasses

—

—

Isoglucose (2):
— pursuant to Article 4 (5) (b) of Regulation (EC)

No 1222/94
— in all other cases

5,53 (3)

40,22 ( 3)

5,53 (3)

40,22 (3)

(1)

‘S’ represents in 100 kilograms of syrup
— the sucrose content (including invert sugar expressed as sucrose) of the syrup in question, where the latter is not less

than 98 % pure,

— the extractable sugar content of the syrup in question, where the latter is not less than 85 %, but less than 98 % pure.
(2) Products obtained by isomerization of glucose, which have a content by weight in the dry state of at least 41 % fructose
and of which the total content by weight in the dry state of polysaccharides and oligosaccharides, including the di- or
trisaccharides content, does not exceed 8,5 %.

(3) Amount of refund per 100 kilograms of dry matter.
(4) The basic amount is not applicable to the product defined under point 2 of the Annex to Commission Regulation (EEC)

No 3513/92 (OJ No L 355, 5. 12. 1992, p. 12).