Commission Regulation (EC) No 2101/98 of 30 September 1998 amending Regulation (EC) No 1352/98 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: 1998-09-30
Institutions: European Commission
Subjects: agricultural product, chemical industry, export refund, primary product, processed foodstuff

L 266/78

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Official Journal of the European Communities

1. 10. 98

COMMISSION REGULATION (EC) No 2101/98

of 30 September 1998

amending Regulation (EC) No 1352/98 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,

sugar syrups' and therefore subject to a levy, could not be
granted an export refund at the time of the tender;

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 the first indent of
Article 8(3) thereof,

Whereas the granting of export refunds should be strictly
limited to agricultural products which could be granted a
refund for export in the form of certain goods not covered
by Annex II to the Treaty at the time of the Community
tender in relation to commitments to the export of agri-
cultural products in the form of such goods; whereas the
rule assimilating inulin syrups to white sugar and the
conversion of quantities of inulin syrup into equivalent
quantities of white sugar should therefore be abolished;

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,

Whereas 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 (3), amended the provisions of
that Regulation relating to sugar products other than
white sugar by assimilating those other sugar products to
white sugar;

Whereas the Community’s commitments in relation to
the granting of export refunds for agricultural products
incorporated in certain goods not covered by Annex II to
the Treaty cover only basic products
listed in the
Community tender to GATT as well as assimilated prod-
ucts and products resulting from the processing of those
products; whereas at the time of the Community tender
inulin syrups were not assimilated to a basic product and
do not result from the processing of a basic or assimilated
product; whereas inulin syrups, although covered by the
common organisation of the market in sugar under ‘other

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1352/98 is hereby amended as
follows:

1. in Article 1, point 2 amending Article 1(2) of Regula-
tion (EC) No 1222/94, the fifth indent of Article 1(2)(h)
of Regulation (EC) No 1222/94 shall be deleted;

2. in Article 1, point 4 amending Article 3(1)(a) of Regu-
indent shall be

the final

lation (EC) No 1222/94,
deleted.

Article 2

(1) OJ L 318, 20. 12. 1993, p. 18.
(2) OJ L 157, 30. 5. 1998, p. 1.
(3) OJ L 184, 27. 6. 1998, p. 25.

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

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Official Journal of the European Communities

L 266/79

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

Done at Brussels, 30 September 1998.

For the Commission

Martin BANGEMANN

Member of the Commission