Commission Regulation (EC) No 1352/98 of 26 June 1998 amending Regulation (EC) No 1222/94 laying down common detailed rules for the application of the system of 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
Date: 1998-06-26
Institutions: European Commission
Subjects: agricultural product, chemical industry, export refund, primary product, processed foodstuff

27. 6. 98

‹

EN

‹

Official Journal of the European Communities

L 184/25

COMMISSION REGULATION (EC) No 1352/98

of 26 June 1998

amending Regulation (EC) No 1222/94 laying down common detailed rules for
the application of the system of 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 3448/93 of
6 December 1993 laying down the trade arrangements
applicable to certain goods resulting from the processing
of agricultural products (1), as amended by Regulation (EC)
No 1097/98 (2), and in particular
indent of
Article 8(3) thereof,

the first

Whereas Commission Regulation (EC) No 1222/94 of 30
May 1994, laying down common detailed rules for the
application of the system of 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), lays down
the rules for the assimilation of certain milk products to
these rules need to be
whole-milk powder; whereas
adjusted in order to rebalance the rates of refund applic-
able to the various milk products which can be used and
to take account of the classification of the milk products
in the Combined Nomenclature;

Whereas simplifying the list of basic products permits
greater flexibility in the management and use of certifi-
cates; whereas the necessary conversion rules need to be
laid down for basic products removed from the list;

for

refunds

Whereas
sugar products covered by the
common organisation of the market in sugar must be set
according to their sugar content; whereas assimilation
rules should therefore be laid down which take account of
the relative levels of
the refund applicable to these
products when exported unprocessed and the refund
applicable to white sugar exported unprocessed in small
quantities not covered by the arrangements for invitations
to tender;

Whereas the rates of refund should be set every month
within the limit of the maximum refund laid down by the
second subparagraph of Article 13(1) of Council Regula-
tion (EC) No 1766/92 (5), as last amended by Commission

(1) OJ L 318, 20. 12. 1993, p. 18.
(2) OJ L 157, 30. 5. 1998, p. 1.
(3) OJ L 136, 31. 5. 1994, p. 5.
(4) OJ L 268, 1. 10. 1997, p. 20.
(5) OJ L 181, 1. 7. 1992, p. 21.

the export

Regulation (EC) No 923/96 (6), and by the other Regula-
tions referred to in Article 1 of Regulation (EC) No
1222/94; whereas these maximum rates generally apply
from the end of the month preceding the month in
the same
which the rate of
products exported in the form of goods not covered by
Annex II to the Treaty are set; whereas the rates of refund
for agricultural products exported in the form of goods
not covered by Annex II to the Treaty should accordingly
be published with the same regularity as the rates for agri-
cultural products exported in the most similar forms
which are still covered by Annex II to the Treaty;

refunds for

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee on Horizontal Questions concerning Trade in
Processed Agricultural Products not listed in Annex II,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1222/94 is amended as follows:

1. In Article 1(2)(d) and (e), the amount ‘40 %’ shall be

replaced by ‘45 %’.

2. In Article 1(2), the current subparagraph (g) shall be
shall be

deleted and the following subparagraphs
inserted:

‘(g) husked rice falling within CN code 1006 20 shall
be assimilated to wholly milled rice, falling within
CN code 1006 30;

(h) — raw cane or beet sugar falling within CN code
1701 11 90 or 1701 12 90 containing,
in the
dry state, 92 % or more by weight of sucrose,
determined by the polarimetric method,

— sugar falling within CN codes 1701 91 00 or

1701 99 90,

— the products referred to in Article 1(1)(d) of

Regulation (EEC) No 1785/81 (*),

— the products referred to in Article 1(1)(f) and (g)

of Regulation (EEC) No 1785/81 (*),

(6) OJ L 126, 24. 5. 1996, p. 37.

L 184/26

‹

EN

‹

Official Journal of the European Communities

27. 6. 98

and

— the products referred to in Article 1(1)(h) of

Regulation (EEC) No 1785/81

which meet
the conditions of eligibility for a
refund laid down in Regulation (EEC) No 1785/81
and in Regulation (EC) No 2135/95 (**) when
exported unprocessed shall be assimilated to white
sugar falling within CN code 1701 99 10;

(*) Excluding mixtures obtained partly using
(EEC)

by Regulation

covered

products
No 1766/92.

(**) OJ L 214, 8. 9. 1995, p. 16.’

3. In the fifth and sixth indents of Article 3(1)(a), the

amount ‘26 %’ shall be replaced by ‘27 %’.

— 1 kg of white sugar shall correspond to 100 kg of
one of the products referred to in the third indent
of Article 1(2)(h) meeting the conditions laid down
in Article 3 of Regulation (EC) No 2135/95, per
1 % of sucrose (plus, where applicable, the content
of other sugars calculated in sucrose equivalent)
determined in accordance with the said Article 3,

5

— 100 kg of white sugar shall correspond to 100 kg
(determined in accordance with
of dry matter
Article
of Regulation (EC) No 2135/95)
contained in the isoglucose or isoglucose syrup
referred to in the fourth indent of Article 1(2)(h)
meeting the conditions laid down in Article 5 of
Regulation (EC) No 2135/95,

— 100 kg of white sugar shall correspond to 100 kg
of the dry matter of one of the products referred to
in the fifth indent of Article 1(2)(h) meeting the
conditions of Article 6 of Regulation (EC)
No 2135/95.’

4. The following indents shall be added to Article 3(1)(a):

5. Article 3(1)(b)(ii) is deleted.

‘— 77,5 kg of wholly milled round grain rice shall
correspond to 100 kg of the husked round grain
rice referred to in paragraph 2(g),

6. The first subparagraph of Article 4(1) is replaced by the

following:

— 69 kg of wholly milled long grain rice shall corres-
pond to 100 kg of the husked medium grain or
long grain rice referred to in Article 1(2)(g),

— 92 kg of white sugar shall correspond to 100 kg of
the raw sugar referred to in the first indent of
Article 1(2)(h),

‘1.
The rate of refund shall be fixed each month per
100 kg of basic products in accordance with Article
13(3) of Regulation (EEC) No 1766/92 and the corres-
ponding Articles of the other Regulations referred to
in Article 1(1)’.

7. The fourth indent of Article 5(2) is deleted.

— 1 kg of white sugar shall correspond to 100 kg of
the sugar referred to in the second indent of
Article 1(2)(h) per 1 % of sucrose,

8. Annex A is replaced by the text annexed to this Regu-

lation.

9. In Annex E:

(a)

the following lines are inserted:

CN code

Processed agricultural product

Coefficient
to be applied

Basic
product

‘ex 1101

1102 10

Common wheat or meslin flour with an
ash content of between:

– up to and including 900 mg per

100 g

– above 900 but not exceeding 1 900

mg per 100 g

flour with an ash content of

Rye
between:

– up to and including 1 400 mg per

100 g

– above 1 400 but not exceeding 2 000

mg per 100 g

1103 11 10

Durum wheat groats and meal

1103 11 90

Common wheat groats and meal with an
ash content of between 0 and 600 mg
per 100 g

1,33

1,09

1,37

1,08

1,42

1,37

common wheat

common wheat

rye

rye

durum wheat

common wheat’

27. 6. 98

‹

EN

‹

Official Journal of the European Communities

L 184/27

(b) the line relating to CN code 2302 30 (bran, sharps and other residues, whether or
not in the form of pellets, deriving from the sifting, milling or other working of
wheat) is deleted.

Article 2

This Regulation shall enter into force on the day following its publication in the Official
Journal of the European Communities.

It shall apply with effect from 1 October 1998.

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

Done at Brussels, 26 June 1998.

For the Commission

Martin BANGEMANN

Member of the Commission

L 184/28

‹

EN

‹

Official Journal of the European Communities

27. 6. 98

ANNEX

‘ANNEX A

Description

Milk powder, in granules or other solid forms, not containing added sugar or other
sweetening matter, of a fat content by weight not exceeding 1,5 % (PG 2)

Milk powder, in granules or other solid forms, not containing added sugar or other
sweetening matter, of a fat content by weight of 26 % (PG 3)

CN code

ex 0402 10 19

ex 0402 21 19

ex 0404 10 02 to
ex 0404 10 16

Whey, in powder, granules or other solid forms, not containing added sugar or other
sweetening matter (PG 1)

ex 0405 10

Butter of a fat content of 82 % (PG 6)

ex 0407 00 30

Poultry eggs in shell, fresh or preserved, other than eggs for hatching

ex 0408

Eggs not in shell, and egg yolks, suitable for human consumption, fresh, dried, frozen
or otherwise preserved, not sweetened

1001 10 00

Durum wheat

1001 90 99

Common wheat and meslin, other than for sowing

1002 00 00

Rye

1003 00 90

Barley, other than for sowing

1004 00 00

Oats

1005 90 00

Maize, other than for sowing

ex 1006 30

Wholly milled rice

1006 40 00

Broken rice

1007 00 90

Grain sorghum, other than hybrids, for sowing

1701 99 10

White sugar

ex 1702 19 00

Lactose, containing, in the dry state, 98,5 % by weight of the pure product (PG 12)

1703

Molasses resulting from the extraction or refining of sugar’