CELEX: 31998R2856
Language: en
Date: 1998-12-30 00:00:00
Title: Commission Regulation (EC) No 2856/98 of 30 December 1998 fixing the export refunds on syrups and certain other sugar products exported in the natural state

31. 12. 98             EN                Official Journal of the European Communities                                   L 358/69
                                    COMMISSION REGULATION (EC) No 2856/98
                                                    of 30 December 1998
                   fixing the export refunds on syrups and certain other sugar products exported in
                                                       the natural state
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         and quotations or prices for white sugar on the world
                                                                    market and, on the other, of the need to establish a
                                                                    balance between the use of Community basic products in
Having regard to the Treaty establishing the European               the manufacture of processed goods for export to third
Community,                                                          countries and the use of third country products brought
                                                                    in under inward processing arrangements;
Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of the
markets in the sugar sector (1), as last amended by Regula-         Whereas the application of the basic amount may be
tion (EC) No 1148/98 (2), and in particular Article 17 (5)          limited to some of the products listed in Article 1 (1) (d)
thereof,                                                            of Regulation (EEC) No 1785/81;
Whereas Article 17 of Regulation (EEC) No 1785/81                   Whereas Article 17 of Regulation (EEC) No 1785/81
provides that the difference between quotations or prices           makes provision for setting refunds for export in the
on the world market for the products listed in Article 1 (1)        natural state of products referred to in Article 1 (1) (f) and
(d) of that Regulation and prices for those products within         (g) and (h) of that Regulation; whereas the refund must be
the Community may be covered by an export refund;                   fixed per 100 kilograms of dry matter, taking account of
                                                                    the export refund for products falling within CN code
                                                                    1702 30 91 and for products referred to in Article 1 (1)
Whereas Article 3 of Commission Regulation (EC) No                  (d) of Regulation (EEC) No 1785/81 and of the economic
2135/95 of 7 September 1995 laying down detailed rules              aspects of the intended exports; whereas, in the case of
of application for the grant of export refunds in the sugar         the products referred to in the said Article (1) (f) and (g),
sector (3), provides that the export refund on 100 kilo-            the refund is to be granted only for products complying
grams of the products listed in Article 1 (1) (d) of Regula-        with the conditions in Article 5 of Regulation (EC) No
tion (EEC) No 1785/81 is equal to the basic amount                  2135/95; whereas, for the products referred to in Article 1
multiplied by the sucrose content, including, where                 (1) (h), the refund shall be granted only for products
appropriate, other sugars expressed as sucrose; whereas the         complying with the conditions in Article 6 of Regulation
sucrose content of the product in question is determined            (EC) No 2135/95;
in accordance with Article 3 of Commission Regulation
(EC) No 2135/95;
                                                                    Whereas the refunds referred to above must be fixed every
                                                                    month; whereas they may be altered in the intervening
Whereas Article 17 (6) of Regulation (EEC) No 1785/81
                                                                    period;
provides that the basic amount of the refund on sorbose
exported in the natural state must be equal to the basic
amount of the refund less one-hundredth of the produc-
tion refund applicable, pursuant to Council Regulation              Whereas application of these quotas results in fixing
(EEC) No 1010/86 of 25 March 1986 laying down general               refunds for the products in question at the levels given in
rules for the production refund on sugar used in the                the Annex to this Regulation;
chemical industry (4), last amended by Commission Regu-
lation (EC) No 1126/96 (5), to the products listed in the
Annex to the last mentioned Regulation;                             Whereas Article 2 of Council Regulation (EEC) No 1103/
                                                                    97 of 17 June 1997 on certain provisions relating to the
                                                                    introduction of the euro (6) provides that as from 1
Whereas the basic amount of the refund on the other                 January 1999, all references to the ecu in legal instru-
products listed in Article 1 (1) (d) of Regulation (EEC) No         ments are to be replaced by references to the euro at the
1785/81 exported in the natural state must be equal to              rate of EUR 1 to ECU 1; whereas, for the sake of clarity,
one-hundredth of an amount which takes account, on the              the denomination ‘euro' should be used in this Regula-
one hand, of the difference between the intervention                tion since it is to apply from 1 January 1999;
price for white sugar for the Community areas without
deficit for the month for which the basic amount is fixed
                                                                    Whereas the measures provided for in this Regulation are
(1) OJ  L  177, 1. 7. 1981, p. 4.                                   in accordance with the opinion of the Management
(2) OJ  L  159, 3. 6. 1998, p. 38.                                  Committee for Sugar,
(3) OJ  L  214, 8. 9. 1995, p. 16.
(4) OJ  L  94, 9. 4. 1986, p. 9.
(5) OJ  L  150, 25. 6. 1996, p. 3.                                  (6) OJ L 162, 19. 6. 1997, p. 1.
 ---pagebreak--- L 358/70             EN               Official Journal of the European Communities                                   31. 12. 98
HAS ADOPTED THIS REGULATION:                                     exported in the natural state, shall be set out in the Annex
                                                                 hereto.
                         Article 1
                                                                                          Article 2
The export refunds on the products listed in Article 1 (1)
(d), (f), (g) and (h) of Regulation (EEC) No 1785/81,            This Regulation shall enter into force on 1 January 1999.
                 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
 ---pagebreak--- 31. 12. 98     EN                  Official Journal of the European Communities                          L 358/71
                                                          ANNEX
           to the Commission Regulation of 30 December 1998 fixing the export refunds on syrups and
                          certain other sugar products exported in the natural state
                                    Product code                          Amount of refund
                                                                   — EUR/100 kg dry matter —
                                 1702 40 10 9100                            46,23   (2)
                                 1702 60 10 9000                            46,23   (2)
                                 1702 60 80 9100                            87,84   (4)
                                                                 — EUR/1 % sucrose × 100 kg —
                                 1702 60 95 9000                             0,4623 (1)
                                                                   — EUR/100 kg dry matter —
                                 1702 90 30 9000                            46,23   (2)
                                                                 — EUR/1 % sucrose × 100 kg —
                                 1702 90 60 9000                             0,4623 (1)
                                 1702 90 71 9000                             0,4623 (1)
                                 1702 90 99 9900                             0,4623 (1) (3)
                                                                   — EUR/100 kg dry matter —
                                 2106 90 30 9000                            46,23   (2)
                                                                 — EUR/1 % sucrose × 100 kg —
                                 2106 90 59 9000                             0,4623 (1)
                      (1) The basic amount is not applicable to syrups which are less than 85 % pure
                          (Regulation (EC) No 2135/95). Sucrose content is determined in accordance with
                          Article 3 of Regulation (EC) No 2135/95.
                      (2) Applicable only to products referred to in Article 5 of Regulation (EC) No
                          2135/95.
                      (3) The basic amount is not applicable to the product defined under point 2 of the
                          Annex to Regulation (EEC) No 3513/92 (OJ L 355, 5. 12. 1992, p. 12).
                      (4) Applicable only to products defined under Article 6 of Regulation (EC) No
                          2135/95.
                      NB: The product codes and the footnotes are defined in amended
                             Commission Regulation (EEC) No 3846/87 (OJ L 366, 24. 12. 1987,
                             p. 1).