CELEX: 31998R1102
Language: en
Date: 1998-05-29 00:00:00
Title: Commission Regulation (EC) No 1102/98 of 29 May 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

30. 5. 98                  EN                Official Journal of the European Communities                                    L 157/13
                                         COMMISSION REGULATION (EC) No 1102/98
                                                           of 29 May 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,                             Whereas the commitments entered into with regard to
                                                                        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
Having regard to the Treaty establishing the European
                                                                        advance of high refund rates; whereas it is therefore
Community,
                                                                        necessary to take precautionary measures in such situa-
                                                                        tions without, however, preventing the conclusion of
                                                                        long-term contracts; whereas the fixing of a specific
Having regard to Council Regulation (EEC) No 1785/81                    refund rate for the advance fixing of refunds is a measure
of 30 June 1981 on the common organization of the                       which enables these various objectives to be met;
market in sugar (1), as last amended by Regulation (EC)
No 1599/96 (2) and in particular Article 17 (5) (a) and (15),
                                                                        Whereas Article 4 (5) (b) of Regulation (EC) No 1222/94
                                                                        provides that in the absence of the proof referred to in
                                                                        Article 4 (5) (a) of that Regulation, a reduced rate of export
Whereas Article 17 (1) and (2) of Regulation (EEC) No                   refund has to be fixed, taking account of the amount of
1785/81 provides that the differences between the prices                the production refund applicable, pursuant to Council
in international trade for the products listed in Article 1             Regulation (EEC) No 1010/86 (5), as last amended by
(1) (a), (c), (d), (f), (g) and (h) of that Regulation and prices       Commission Regulation (EC) No 1126/96 (6), for the basic
within the Community may be covered by an export                        product in question, used during the assumed period of
refund where these products are exported in the form of                 manufacture of the goods;
goods listed in the Annex to that Regulation; whereas
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 1909/
97 (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
(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;                                                                              Article 1
                                                                        The rates of the refunds applicable to the basic products
Whereas Article 17 (3) of Regulation (EEC) No 1785/81                   appearing in Annex A to Regulation (EC) No 1222/94
and Article 11 of the Agreement on Agriculture                          and listed in Article 1 (1) and (2) of Regulation (EEC) No
concluded under the Uruguay Round lay down that the                     1785/81, exported in the form of goods listed in Annex I
export refund for a product contained in a good may not                 to Regulation (EEC) No 1785/81, are fixed as shown in
exceed the refund applicable to that product when                       the Annex hereto.
exported without further processing;
Whereas the refunds fixed under this Regulation may be
fixed in advance; whereas the market situation over the                                            Article 2
next few months cannot be established at the moment;
                                                                        This Regulation shall enter into force on 1 June 1998.
(1)  OJ L  177,   1. 7. 1981, p. 4.
(2)  OJ L  206,   16. 8. 1996, p. 43.
(3)  OJ L  136,   31. 5. 1994, p. 5.                                    (5) OJ L 94, 9. 4. 1986, p. 9.
( 4) OJ L  268,   1. 10. 1997, p. 20.                                   (6) OJ L 150, 25. 6. 1996, p. 3.
 ---pagebreak--- L 157/14     EN               Official Journal of the European Communities                      30. 5. 98
         This Regulation shall be binding in its entirety and directly applicable in all Member
         States.
         Done at Brussels, 29 May 1998.
                                                                 For the Commission
                                                                 Martin BANGEMANN
                                                               Member of the Commission
 ---pagebreak--- 30. 5. 98       EN                      Official Journal of the European Communities                                                L 157/15
                                                                 ANNEX
          to the Commission Regulation of 29 May 1998 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 ECU/100 kg
                                       Product                                       In case of
                                                                                 advance fixing of                Other
                                                                                      refunds
          White sugar:
           pursuant to Article 4 (5) (b) of Regulation (EC)                          9,49                       9,49
                No 1222/94
           in all other cases                                                       44,48                      44,48
          Raw sugar:
           pursuant to Article 4 (5) (b) of Regulation (EC)                          8,73                       8,73
                No 1222/94
           in all other cases                                                       40,92                      40,92
          Syrups of beet sugar or cane sugar, other than the
          syrups obtained by dissolving white or raw sugar in
          the solid state, containing, in the dry state, 85 % or
          more by weight of sucrose (including invert sugar
          expressed as sucrose):
           pursuant to Article 4 (5) (b) of Regulation (EC)                       9,49 (4) × S (1)           9,49 (4) × S (1)
                No 1222/94                                                              100                        100
           in all other cases                                                   44,48 (4) × S (1)           44,48 (4) × S (1)
                                                                                        100                        100
          For syrups obtained by dissolving white or raw sugar                the rate fixed above for 100 kg of white or
          in the solid state, whether or not the dissolving is                raw sugar used for the dissolution
          followed by inversion:
          Molasses                                                                                             
          Isoglucose (2)
           pursuant to Article 4 (5) (b) of Regulation (EC)                          9,49 (3)                   9,49 (3)
                No 1222/94
           in all other cases                                                       44,48 (3)                  44,48 (3)
          (1) ‘S' represents in 100 kilograms of syrup:
               the sucrose content (including invert sugar expressed as sucrose) of the syrup in question, where the latter is not
                  less than 98 % pure,
               the extractable sugar content of the syrup in question, where the latter is not less than 85 %, but less than 98 %
                  pure.
          (2) Products obtained by isomerization of glucose, which have a content by weight in the dry state of at least 41 %
              fructose and of which the total content by weight in the dry state of polysaccharides and oligosaccharides, including
              the di- or trisaccharides content, does not exceed 8,5 %.
          (3) Amount of refund per 100 kilograms of dry matter.
          (4) The basic amount is not applicable to the product defined under point 2 of the Annex to Commission Regulation
              (EEC) No 3513/92 (OJ L 355, 5. 12. 1992, p. 12).