CELEX: 31998R2862
Language: en
Date: 1998-12-30 00:00:00
Title: Commission Regulation (EC) No 2862/98 of 30 December 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

31. 12. 98                 EN                Official Journal of the European Communities                                    L 358/83
                                         COMMISSION REGULATION (EC) No 2862/98
                                                        of 30 December 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,                             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-
Having regard to the Treaty establishing the European
                                                                        tions without, however, preventing the conclusion of
Community,
                                                                        long-term contracts; whereas the fixing of a specific
                                                                        refund rate for the advance fixing of refunds is a measure
Having regard to Council Regulation (EEC) No 1785/81                    which enables these various objectives to be met;
of 30 June 1981 on the common organization of the
market in sugar (1), as last amended by Commission Regu-                Whereas Article 4 (5) (b) of Regulation (EC) No 1222/94
lation (EC) No 1148/98 (2) and in particular Article 17 (5)             provides that in the absence of the proof referred to in
(a) and (15),                                                           Article 4 (5) (a) of that Regulation, a reduced rate of export
                                                                        refund has to be fixed, taking account of the amount of
Whereas Article 17 (1) and (2) of Regulation (EEC) No                   the production refund applicable, pursuant to Council
1785/81 provides that the differences between the prices                Regulation (EEC) No 1010/86 (5), as last amended by
in international trade for the products listed in Article 1             Commission Regulation (EC) No 1126/96 (6), for the basic
(1) (a), (c), (d), (f), (g) and (h) of that Regulation and prices       product in question, used during the assumed period of
within the Community may be covered by an export                        manufacture of the goods;
refund where these products are exported in the form of
goods listed in the Annex to that Regulation; whereas                   Whereas Article 2 of Council Regulation (EC) No 1103/
Commission Regulation (EC) No 1222/94 of 30 May 1994                    97 of 17 June 1997 on certain provisions relating to the
laying down common implementing rules for granting                      introduction of the euro (7) provides that, as from 1
export refunds on certain agricultural products exported                January 1999, all references to the ecu in legal instru-
in the form of goods not covered by Annex II to the                     ments are to be replaced by references to the euro at the
Treaty and the criteria for fixing the amount of such                   rate of EUR 1 to ECU 1,
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                 Whereas the measures provided for in this Regulation are
exported in the form of goods listed in Annex I to Regu-                in accordance with the opinion of the Management
lation (EEC) No 1785/81;                                                Committee for Sugar,
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;                                                   HAS ADOPTED THIS REGULATION:
Whereas Article 17 (3) of Regulation (EEC) No 1785/81
and Article 11 of the Agreement on Agriculture                                                     Article 1
concluded under the Uruguay Round lay down that the
export refund for a product contained in a good may not
                                                                        The rates of the refunds applicable to the basic products
exceed the refund applicable to that product when
                                                                        appearing in Annex A to Regulation (EC) No 1222/94
exported without further processing;
                                                                        and listed in Article 1 (1) and (2) of Regulation (EEC) No
                                                                        1785/81, exported in the form of goods listed in Annex I
Whereas the refunds fixed under this Regulation may be                  to Regulation (EEC) No 1785/81, are fixed as shown in
fixed in advance; whereas the market situation over the                 the Annex hereto.
next few months cannot be established at the moment;
Whereas the commitments entered into with regard to                                                Article 2
refunds which may be granted for the export of agricul-
tural products contained in goods not covered by Annex
                                                                        This Regulation shall enter into force on 1 January 1999.
(1)  OJ L  177,   1. 7. 1981, p. 4.
(2)  OJ L  159,   3. 6. 1998, p. 38.                                    (5) OJ L 94, 9. 4. 1986, p. 9.
( 3) OJ L  136,   31. 5. 1994, p. 5.                                    (6) OJ L 150, 25. 6. 1996, p. 3.
( 4) OJ L  184,   27. 6. 1998, p. 25.                                   (7) OJ L 162, 19. 6. 1997, p. 1.
 ---pagebreak--- L 358/84      EN                 Official Journal of the European Communities                        31. 12. 98
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States.
         Done at Brussels, 30 December 1998.
                                                                       For the Commission
                                                                          Karel VAN MIERT
                                                                  Member of the Commission
                                                       ANNEX
         to the Commission Regulation of 30 December 1998 fixing the rates of the refunds appli-
         cable 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 EUR/100 kg
                                Product                            In case of
                                                                advance fixing of              Other
                                                                    refunds
         White sugar:
         — pursuant to Article 4(5)(b) of Regulation (EC) No          2,07                      2,07
             1222/94
         — in all other cases                                        46,23                     46,23