CELEX: 31999R0239
Language: en
Date: 1999-01-29 00:00:00
Title: Commission Regulation (EC) No 239/1999 of 29 January 1999 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

L 23/52                    EN                Official Journal of the European Communities                                  30. 1. 1999
                                        COMMISSION REGULATION (EC) No 239/1999
                                                          of 29 January 1999
                      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,                             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;
Having regard to the Treaty establishing the European                   Whereas the commitments entered into with regard to
Community,                                                              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
Having regard to Council Regulation (EEC) No 1785/81                    necessary to take precautionary measures in such situa-
of 30 June 1981 on the common organization of the                       tions without, however, preventing the conclusion of
market in sugar (1), as last amended by Commission Regu-                long-term contracts; whereas the fixing of a specific
lation (EC) No 1148/98 (2) and in particular Article 17 (5)             refund rate for the advance fixing of refunds is a measure
(a) and (15),                                                           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
Whereas Article 17 (1) and (2) of Regulation (EEC) No                   Article 4 (5) (a) of that Regulation, a reduced rate of export
1785/81 provides that the differences between the prices                refund has to be fixed, taking account of the amount of
in international trade for the products listed in Article 1             the production refund applicable, pursuant to Council
(1) (a), (c), (d), (f), (g) and (h) of that Regulation and prices       Regulation (EEC) No 1010/86 (5), as last amended by
within the Community may be covered by an export                        Commission Regulation (EC) No 1126/96 (6), for the basic
refund where these products are exported in the form of                 product in question, used during the assumed period of
goods listed in the Annex to that Regulation; whereas                   manufacture of the goods;
Commission Regulation (EC) No 1222/94 of 30 May 1994
laying down common implementing rules for granting                      Whereas the measures provided for in this Regulation are
export refunds on certain agricultural products exported                in accordance with the opinion of the Management
in the form of goods not covered by Annex II to the                     Committee for Sugar,
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;                                                HAS ADOPTED THIS REGULATION:
Whereas, in accordance with Article 4 (1) of Regulation                                            Article 1
(EC) No 1222/94, the rate of the refund per 100 kilo-
grams for each of the basic products in question must be                The rates of the refunds applicable to the basic products
fixed for each month;                                                   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
Whereas Article 17 (3) of Regulation (EEC) No 1785/81                   the Annex hereto.
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                                                  Article 2
exported without further processing;
                                                                        This Regulation shall enter into force on 1 February 1999.
(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.                                    (5) OJ L 94, 9. 4. 1986, p. 9.
( 4) OJ L  184,   27. 6. 1998, p. 25.                                   (6) OJ L 150, 25. 6. 1996, p. 3.
 ---pagebreak--- 30. 1. 1999      EN                 Official Journal of the European Communities                          L 23/53
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 29 January 1999.
                                                                            For the Commission
                                                                             Martin BANGEMANN
                                                                       Member of the Commission
                                                          ANNEX
            to the Commission Regulation of 29 January 1999 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 EUR/100 kg
                                   Product                              In case of
                                                                     advance fixing of              Other
                                                                         refunds
            White sugar:
            — pursuant to Article 4(5)(b) of Regulation (EC) No            2,72                      2,72
                1222/94
            — in all other cases                                          46,89                     46,89