Commission Regulation (EC) No 2074/98 of 29 September 1998 adjusting the standard amount provided for in Council Regulation (EEC) No 1010/86 and setting the production refund on white sugar used in the chemical industry
Date: 1998-09-29
Institutions: European Commission
Subjects: chemical industry, production refund, white sugar

L 265/8

EN

Official Journal of the European Communities

30. 9. 98

COMMISSION REGULATION (EC) No 2074/98

of 29 September 1998

adjusting the standard amount provided for in Council Regulation (EEC) No
1010/86 and setting the production refund on white sugar used in the chemical
industry

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1010/86
of 25 March 1986 laying down general rules for the
production refund on certain sugar products used in the
chemical industry (1), as amended by Commission Regula-
tion (EC) No 1148/98 (2), and in particular Article 4a(1a)
thereof,

Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organisation of the
markets in the sugar sector (3), as last amended by Regula-
tion (EC) No 1148/98, and in particular Article 9(6)
thereof,

Whereas Article 9(3) of Regulation (EEC) No 1785/81
states that it may be decided to grant production refunds
on the products indicated in Article 1(1)(a) and (f) of that
Regulation and the syrups indicated in Article 1(1)(d) that
are in one of the situations indicated in Article 9(2) of the
Treaty and are used in the manufacture of certain chem-
ical industry products;

Whereas Regulation (EEC) No 1010/86 lays down general
rules on determination of these production refunds and
specifies the chemical products the manufacture of which
permits a refund on the basic products; whereas Articles
5, 6 and 7 of that Regulation specify respectively how the
production refund on each of the basic products raw
sugar,
sucrose syrups and unprocessed isoglucose is
derived from the refund set on white sugar;

Whereas Article 4a of Regulation (EEC) No 1010/86
states that the production refund per 100 kilograms of
white sugar is to be fixed on the basis of the world market
price for white sugar, increased by a standard amount of
ECU 7 per 100 kilograms, and the price of Community
sugar; whereas pursuant to Article 1(3) of Council Regula-
tion (EC) No 150/95 of 23 January 1995 amending Regu-
lation (EEC) No 3813/92 on the unit of account and the
conversion rates to be applied for the purposes of the

common agricultural policy (4) this standard amount was
weighted by the coefficient 1,207509 and thus became
ECU 8,45 per 100 kilograms of white sugar; whereas
Article 4a(1a) of Regulation (EEC) No 1010/86 allows the
Commission using the procedure specified in Article 41
of Regulation (EEC) No 1785/81, to reduce this amount
as far as ECU 2,42; whereas experience with the produc-
tion refund provisions since the new sugar sector produc-
tion arrangements came into force in 1995 shows a need
to facilitate as far as possible convergence of the circum-
stances of the Community chemical industry and those of
chemical producers drawing supplies from the world
sugar market; whereas the standard amount should there-
fore be reduced to ECU 6,45 for a two-year trial period;

Whereas Commission Regulation (EEC) No 1729/78 of
24 July 1978 laying down detailed rules of application in
respect of the production refund for sugar used in the
chemical industry (5), as last amended by Regulation (EC)
No 1730/97 (6), lays down provisions on determination of
the production refund; whereas Article 1 thereof stipulates
that it is to be set quarterly from 1 July, 1 October, 1
January and 1 April; whereas the production refund
should therefore be set for a period as indicated in the
said Article 1;

Whereas, as a result of modification of the definitions of
white sugar and raw sugar given in Article 1(2)(a) and (b)
of Regulation (EEC) No 1785/81, sugars that have been
flavoured or had colorants or other substances added no
longer fall under these definitions and are therefore to be
considered as ‘other sugars'; whereas, however, under
Article 1 of Regulation (EEC) No 1010/86 they count as
basic products for the purposes of the production refund;
whereas for determination of the production refund on
these products a calculation method should therefore be
set using their sucrose content;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Sugar,

(1) OJ L 94, 9. 4. 1986, p. 9.
(2) OJ L 159, 3. 6. 1998, p. 38.
(3) OJ L 177, 1. 7. 1981, p. 4.

(4) OJ L 22, 31. 1. 1995, p. 1.
(5) OJ L 201, 25. 7. 1978, p. 26.
(6) OJ L 243, 5. 9. 1997, p. 5.

30. 9. 98

EN

Official Journal of the European Communities

L 265/9

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

The following paragraph is added to Article 4a of Regula-
tion (EEC) No 1010/86:

For

‘1b.
the period 1 October 1998 to 30
September 2000 the standard amount referred to in
paragraph 1 shall be reduced to ECU 6,45.'

The production refund for white sugar referred to in
Article 4 of Regulation (EEC) No 1010/86 shall be ECU
41,963 per 100 kilograms net for the period 1 October to
31 December 1998.

Article 3

This Regulation shall enter into force on 1 October 1998.

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

Done at Brussels, 29 September 1998.

For the Commission

Franz FISCHLER

Member of the Commission