Commission Regulation (EC) No 2398/98 of 5 November 1998 fixing the rates of the refunds applicable to certain cereal and rice-products exported in the form of goods not covered by Annex II to the Treaty
Date: 1998-11-05
Institutions: European Commission
Subjects: cereals, export refund, rice

6. 11. 98

EN

Official Journal of the European Communities

L 297/19

COMMISSION REGULATION (EC) No 2398/98

of 5 November 1998

fixing the rates of the refunds applicable to certain cereal and rice-products
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 1766/92
of 30 June 1992 on the common organization of the
market in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article
13 (3) thereof,

Having regard to Council Regulation (EC) No 3072/95 of
22 December 1995 on the common organization of the
market in rice (3), as last amended by Regulation (EC) No
2072/98 (4), and in particular Article 13 (3) thereof,

Whereas Article 13 (1) of Regulation (EEC) No 1766/92
and Article 13 (1) of Regulation (EC) No 3072/95 provide
that the difference between quotations of prices on the
world market for the products listed in Article 1 of each
of
and the prices within the
Community may be covered by an export refund;

those Regulations

Whereas, now that a settlement has been reached between
the European Community and the United States of
America on Community exports of pasta products to the
United States and has been approved by Council Decision
87/482/EEC (7), it is necessary to differentiate the refund
on goods
falling within CN codes 1902 11 00 and
1902 19 according to their destination;

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 Commis-
sion Regulation (EEC) No 1722/93 (8), as last amended by
Regulation (EC) No 1011/98 (9), for the basic product in
question, used during the assumed period of manufacture
of the goods;

Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its
chairman,

HAS ADOPTED THIS 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 (5), as last amended by Regulation (EC) No 1352/
98 (6), 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 B to
Regulation (EEC) No 1766/92 or in Annex B to Regula-
tion (EC) No 3072/95 as appropriate;

Article 1

The rates of the refunds applicable to the basic products
appearing in Annex A to Regulation (EC) No 1222/94
and listed either in Article 1 of Regulation (EEC) No
1766/92 or in Article 1 (1) of Regulation (EC) No 3072/
95, exported in the form of goods listed in Annex B to
Regulation (EEC) No 1766/92 or in Annex B to amended
Regulation (EC) No 3072/95 respectively, are hereby fixed
as shown in the Annex to this Regulation.

Whereas, in accordance with the first subparagraph of
Article 4 (1) of Regulation (EC) No 1222/94, the rate of
the refund per 100 kilograms for each of the basic prod-
ucts in question must be fixed for each month;

Article 2

(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 329, 30. 12. 1995, p. 18.
(4) OJ L 265, 30. 9. 1998, p. 4.
(5) OJ L 136, 31. 5. 1994, p. 5.
(6) OJ L 184, 27. 6. 1998, p. 25.

This Regulation shall enter into force on 6 November
1998.

(7) OJ L 275, 29. 9. 1987, p. 36.
(8) OJ L 159, 1. 7. 1993, p. 112.
(9) OJ L 145, 15. 5. 1998, p. 11.

L 297/20

EN

Official Journal of the European Communities

6. 11. 98

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

Done at Brussels, 5 November 1998.

For the Commission

Martin BANGEMANN

Member of the Commission

6. 11. 98

EN

Official Journal of the European Communities

L 297/21

ANNEX

to the Commission Regulation of 5 November 1998 fixing the rates of the refunds applicable to
certain cereals and rice products exported in the form of goods not covered by Annex II to the
Treaty

CN code

Description of products (1)

Rate of refund
per 100 kg of basic
product

1001 10 00

Durum wheat:
– on exports of goods falling within CN codes 1902 11 and

1902 19 to the United States of America

– in other cases

1001 90 99

Common wheat and meslin:
– on exports of goods falling within CN codes 1902 11 and

1902 19 to the United States of America

– in other cases:
– – where pursuant
1222/94 (2)
– – in other cases

to Article 4 (5) of Regulation (EC) No

1002 00 00

Rye

1003 00 90

Barley

1004 00 00

Oats

1005 90 00

to Article 4 (5) of Regulation (EC) No

Maize (corn) used in the form of:
– starch:
– – where pursuant
1222/94 (2)
– – in other cases
– glucose, glucose syrup, maltodextrine, maltodextrine syrup of
CN codes 1702 30 51, 1702 30 59, 1702 30 91, 1702 30 99,
1702 40 90, 1702 90 50, 1702 90 75, 1702 90 79, 2106 90 55 (3):
to Article 4 (5) of Regulation (EC) No

– – where pursuant
1222/94 (2)
– – in other cases
– other (including unprocessed)

Potato starch of CN code 1108 13 00 similar to a product obtained
from processed maize:
– where pursuant to Article 4 (5) of Regulation (EC) No 1222/94 (2)
– in other cases

ex 1006 30

Wholly-milled rice:
– round grain
– medium grain
– long grain

1006 40 00

Broken rice

1007 00 90

Sorghum

0,910
1,400

1,528

—
2,350

4,906

5,944

4,294

1,451
5,090

0,766
4,405
5,090

1,451
5,090

—
—
—

3,100

5,944

(1) As far as agricultural products obtained from the processing of a basic product or/and assimilated products are concerned,
the coefficients shown in Annex E of amended Commission Regulation (EC) No 1222/94 shall be applied (OJ L 136, 31. 5.
1994, p. 5).

(2) The goods concerned are listed in Annex I of amended Regulation (EEC) No 1722/93 (OJ L 159, 1. 7. 1993, p. 112).
(3) For syrups of CN codes NC 1702 30 99, 1702 40 90 and 1702 60 90, obtained from mixing glucose and fructose syrup, the

export refund may be granted only for the glucose syrup.