Commission Regulation (EC) No 2638/98 of 9 December 1998 fixing the export refunds on white sugar and raw sugar exported in its unaltered state
Date: 1998-12-09
Institutions: European Commission
Subjects: export financing, export refund, raw sugar, white sugar

10. 12. 98

EN

Official Journal of the European Communities

L 335/5

COMMISSION REGULATION (EC) No 2638/98

of 9 December 1998

fixing the export refunds on white sugar and raw sugar exported in its unaltered
state

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 1 June 1981 on the common organization of the
markets in the sugar sector (1), as last amended by Regula-
tion (EC) No 1148/98 (2), and in particular point (a) of the
first subparagraph of Article 19 (4) thereof,

Whereas Article 19 of Regulation (EEC) No 1785/81
provides that the difference between quotations or prices
on the world market for the products listed in Article 1 (1)
(a) of that Regulation and prices for those products within
the Community may be covered by an export refund;

Whereas Regulation (EEC) No 1785/81 provides that
when refunds on white and raw sugar, undenatured and
exported in its unaltered state, are being fixed account
must be taken of the situation on the Community and
world markets in sugar and in particular of the price and
cost factors set out in Article 17a of that Regulation;
whereas the same Article provides that the economic
aspect of the proposed exports should also be taken into
account;

Whereas the refund on raw sugar must be fixed in respect
of the standard quality; whereas the latter is defined in
Article 1 of Council Regulation (EEC) No 431/68 of 9
April 1968 determining the standard quality for raw sugar
and fixing the Community frontier crossing point for
calculating cif prices for sugar (3), as amended by Regula-
tion (EC) No 3290/94 (4); whereas,
this
refund should be fixed in accordance with Article 17a (4)
of Regulation (EEC) No 1785/81; whereas candy sugar is
defined in Commission Regulation (EC) No 2135/95 of 7
September 1995 laying down detailed rules of application
for the grant of export refunds in the sugar sector (5);
whereas the refund thus calculated for sugar containing
added flavouring or colouring matter must apply to their
sucrose content and, accordingly, be fixed per 1 % of the
said content;

furthermore,

the world market

Whereas
the specific
requirements of certain markets may make it necessary to
vary the refund for sugar according to destination;

situation or

Whereas, in special cases, the amount of the refund may
be fixed by other legal instruments;

Whereas the representative market rates defined in Article
1 of Council Regulation (EEC) No 3813/92 (6), as last
amended by Regulation (EC) No 150/95 (7), are used to
convert amounts expressed in third country currencies
and are used as the basis for determining the agricultural
conversion rates of
the Member States’ currencies;
whereas detailed rules on the application and determina-
tion of these conversions were set by Commission Regu-
lation (EEC) No 1068/93 (8), as last amended by Regula-
tion (EC) No 961/98 (9);

Whereas the refund must be fixed every two weeks;
whereas it may be altered in the intervening period;

Whereas it follows from applying the rules set out above
to the present situation on the market in sugar and in
particular to quotations or prices for sugar within the
Community and on the world market that the refund
should be as set out in the Annex hereto;

Whereas Article 2 of Council Regulation (EC) No 1103/
97 of 17 June 1997 on certain provisions relating to the
the euro (10) provides that, as from 1
introduction of
January 1999, all references to the ecu in legal instru-
ments are to be replaced by references to the euro at the
rate of EUR 1 to ECU 1;

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 export refunds on the products listed in Article 1 (1)
(a) of Regulation (EEC) No 1785/81, undenatured and
exported in the natural state, are hereby fixed to the
amounts shown in the Annex hereto.

Article 2

This Regulation shall enter into force on 10 December
1998.

(1) OJ L 177, 1. 7. 1981, p. 4.
(2) OJ L 159, 3. 6. 1998, p. 38.
(3) OJ L 89, 10. 4. 1968, p. 3.
(4) OJ L 349, 31. 12. 1994, p. 105.
(5) OJ L 214, 8. 9. 1995, p. 16.

(6) OJ L 387, 31. 12. 1992, p. 1.
(7) OJ L 22, 31. 1. 1995, p. 1.
(8) OJ L 108, 1. 5. 1993, p. 106.
(9) OJ L 135, 8. 5. 1998, p. 5.
(10) OJ L 162, 19. 6. 1997, p. 1.

L 335/6

EN

Official Journal of the European Communities

10. 12. 98

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

Done at Brussels, 9 December 1998.

For the Commission
Franz FISCHLER

Member of the Commission

to the Commission Regulation of 9 December 1998 fixing the export refunds on white sugar
and raw sugar exported in its unaltered state

ANNEX

Product code

1701 11 90 9100
1701 11 90 9910
1701 11 90 9950
1701 12 90 9100
1701 12 90 9910
1701 12 90 9950

Amount of refund

— ECU/100 kg —

42,35
41,23

42,35
41,23

(1)
(1)
(2)
(1)
(1)
(2)

— ECU/1 % of sucrose × 100 kg —

1701 91 00 9000

0,4604

1701 99 10 9100
1701 99 10 9910
1701 99 10 9950

— ECU/100 kg —

46,04
46,04
46,04

— ECU/1 % of sucrose × 100 kg —

1701 99 90 9100

0,4604

(1) Applicable to raw sugar with a yield of 92 %; if the yield is other than 92 %,
the refund applicable is calculated in accordance with the provisions of
Article 17a (4) of Regulation (EEC) No 1785/81.

(2) Fixing suspended by Commission Regulation (EEC) No 2689/85 (OJ L 255, 26. 9.
1985, p. 12), as amended by Regulation (EEC) No 3251/85 (OJ L 309, 21. 11.
1985, p. 14).