CELEX: 31998R2361
Language: en
Date: 1998-10-30 00:00:00
Title: Commission Regulation (EC) No 2361/98 of 30 October 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

L 293/30                   EN                Official Journal of the European Communities                                   31. 10. 98
                                         COMMISSION REGULATION (EC) No 2361/98
                                                          of 30 October 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
Having regard to the Treaty establishing the European                   II to the Treaty may be jeopardized by the fixing in
Community,                                                              advance of high refund rates; whereas it is therefore
                                                                        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 Commission Regu-
lation (EC) No 1148/98 (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 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
(EC) No 1222/94, the rate of the refund per 100 kilo-
grams for each of the basic products in question must be                                           Article 1
fixed for each month;
                                                                        The rates of the refunds applicable to the basic products
                                                                        appearing in Annex A to Regulation (EC) No 1222/94
Whereas Article 17 (3) of Regulation (EEC) No 1785/81                   and listed in Article 1 (1) and (2) of Regulation (EEC) No
and Article 11 of the Agreement on Agriculture                          1785/81, exported in the form of goods listed in Annex I
concluded under the Uruguay Round lay down that the                     to Regulation (EEC) No 1785/81, are fixed as shown in
export refund for a product contained in a good may not                 the Annex hereto.
exceed the refund applicable to that product when
exported without further processing;
Whereas the refunds fixed under this Regulation may be                                             Article 2
fixed in advance; whereas the market situation over the
next few months cannot be established at the moment;
                                                                        This Regulation shall enter into force on 1 November
                                                                        1998.
(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--- 31. 10. 98     EN                 Official Journal of the European Communities                         L 293/31
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 30 October 1998.
                                                                         For the Commission
                                                                          Martin BANGEMANN
                                                                    Member of the Commission
                                                        ANNEX
           to the Commission Regulation of 30 October 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)           6,03                      6,03
               No 1222/94
           — in all other cases                                        47,99                     47,99