CELEX: 31998R2638
Language: en
Date: 1998-12-09 00:00:00
Title: 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

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,                           Whereas, in special cases, the amount of the refund may
                                                                      be fixed by other legal instruments;
Having regard to the Treaty establishing the European                 Whereas the representative market rates defined in Article
Community,                                                            1 of Council Regulation (EEC) No 3813/92 (6), as last
                                                                      amended by Regulation (EC) No 150/95 (7), are used to
Having regard to Council Regulation (EEC) No 1785/81                  convert amounts expressed in third country currencies
of 1 June 1981 on the common organization of the                      and are used as the basis for determining the agricultural
markets in the sugar sector (1), as last amended by Regula-           conversion rates of the Member States’ currencies;
tion (EC) No 1148/98 (2), and in particular point (a) of the          whereas detailed rules on the application and determina-
first subparagraph of Article 19 (4) thereof,                         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 Article 19 of Regulation (EEC) No 1785/81
provides that the difference between quotations or prices             Whereas the refund must be fixed every two weeks;
on the world market for the products listed in Article 1 (1)          whereas it may be altered in the intervening period;
(a) of that Regulation and prices for those products within
the Community may be covered by an export refund;                     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
Whereas Regulation (EEC) No 1785/81 provides that                     Community and on the world market that the refund
when refunds on white and raw sugar, undenatured and                  should be as set out in the Annex hereto;
exported in its unaltered state, are being fixed account
must be taken of the situation on the Community and                   Whereas Article 2 of Council Regulation (EC) No 1103/
world markets in sugar and in particular of the price and             97 of 17 June 1997 on certain provisions relating to the
cost factors set out in Article 17a of that Regulation;               introduction of the euro (10) provides that, as from 1
whereas the same Article provides that the economic                   January 1999, all references to the ecu in legal instru-
aspect of the proposed exports should also be taken into              ments are to be replaced by references to the euro at the
account;                                                              rate of EUR 1 to ECU 1;
                                                                      Whereas the measures provided for in this Regulation are
Whereas the refund on raw sugar must be fixed in respect              in accordance with the opinion of the Management
of the standard quality; whereas the latter is defined in             Committee for Sugar,
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-
                                                                      HAS ADOPTED THIS REGULATION:
tion (EC) No 3290/94 (4); whereas, furthermore, 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                                            Article 1
September 1995 laying down detailed rules of application
for the grant of export refunds in the sugar sector (5);              The export refunds on the products listed in Article 1 (1)
whereas the refund thus calculated for sugar containing               (a) of Regulation (EEC) No 1785/81, undenatured and
added flavouring or colouring matter must apply to their              exported in the natural state, are hereby fixed to the
sucrose content and, accordingly, be fixed per 1 % of the             amounts shown in the Annex hereto.
said content;
                                                                                                 Article 2
Whereas the world market situation or the specific
requirements of certain markets may make it necessary to              This Regulation shall enter into force on 10 December
vary the refund for sugar according to destination;                   1998.
(1)  OJ L 177, 1. 7. 1981, p. 4.                                      (6) OJ L 387, 31. 12. 1992, p. 1.
( 2) OJ L 159, 3. 6. 1998, p. 38.                                     (7) OJ L 22, 31. 1. 1995, p. 1.
( 3) OJ L 89, 10. 4. 1968, p. 3.                                      (8) OJ L 108, 1. 5. 1993, p. 106.
( 4) OJ L 349, 31. 12. 1994, p. 105.                                  (9) OJ L 135, 8. 5. 1998, p. 5.
( 5) OJ L 214, 8. 9. 1995, p. 16.                                     (10) OJ L 162, 19. 6. 1997, p. 1.
 ---pagebreak--- 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
                                                        ANNEX
        to the Commission Regulation of 9 December 1998 fixing the export refunds on white sugar
                                 and raw sugar exported in its unaltered state
                                  Product code                         Amount of refund
                                                                      — ECU/100 kg —
                               1701 11 90 9100                            42,35     (1)
                               1701 11 90 9910                            41,23     (1)
                               1701 11 90 9950                                      (2)
                               1701 12 90 9100                            42,35     (1)
                               1701 12 90 9910                            41,23     (1)
                               1701 12 90 9950                                      (2)
                                                              — ECU/1 % of sucrose × 100 kg —
                               1701 91 00 9000                              0,4604
                                                                      — ECU/100 kg —
                               1701 99 10 9100                            46,04
                               1701 99 10 9910                            46,04
                               1701 99 10 9950                            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).