Commission Regulation (EC) No 2361/98 of 30 October 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: 1998-10-30
Institutions: European Commission
Subjects: export refund, white sugar

L 293/30

EN

Official Journal of the European Communities

31. 10. 98

COMMISSION REGULATION (EC) No 2361/98

of 30 October 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 Commission Regu-
lation (EC) No 1148/98 (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 1352/
98 (4) specifies the products for which a rate of refund
should be fixed, to be applied where these products are
exported in the form of goods listed in Annex I to Regu-
lation (EEC) No 1785/81;

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;

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;

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;

(1) OJ L 177, 1. 7. 1981, p. 4.
(2) OJ L 159, 3. 6. 1998, p. 38.
(3) OJ L 136, 31. 5. 1994, p. 5.
(4) OJ L 184, 27. 6. 1998, p. 25.

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
in accordance with the opinion of
the Management
Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

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.

Article 2

This Regulation shall enter into force on 1 November
1998.

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

31. 10. 98

EN

Official Journal of the European Communities

L 293/31

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

Done at Brussels, 30 October 1998.

For the Commission
Martin BANGEMANN

Member of the Commission

ANNEX

to the Commission Regulation of 30 October 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

6,03

47,99

Other

6,03

47,99