Commission Regulation (EC) No 1352/98 of 26 June 1998 amending Regulation (EC) No 1222/94 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds
27. 6. 98 ‹ EN ‹ Official Journal of the European Communities L 184/25 COMMISSION REGULATION (EC) No 1352/98 of 26 June 1998 amending Regulation (EC) No 1222/94 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), as amended by Regulation (EC) No 1097/98 (2), and in particular indent of Article 8(3) thereof, the first Whereas Commission Regulation (EC) No 1222/94 of 30 May 1994, laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds (3), as last amended by Regulation (EC) No 1909/97 (4), lays down the rules for the assimilation of certain milk products to these rules need to be whole-milk powder; whereas adjusted in order to rebalance the rates of refund applic- able to the various milk products which can be used and to take account of the classification of the milk products in the Combined Nomenclature; Whereas simplifying the list of basic products permits greater flexibility in the management and use of certifi- cates; whereas the necessary conversion rules need to be laid down for basic products removed from the list; for refunds Whereas sugar products covered by the common organisation of the market in sugar must be set according to their sugar content; whereas assimilation rules should therefore be laid down which take account of the relative levels of the refund applicable to these products when exported unprocessed and the refund applicable to white sugar exported unprocessed in small quantities not covered by the arrangements for invitations to tender; Whereas the rates of refund should be set every month within the limit of the maximum refund laid down by the second subparagraph of Article 13(1) of Council Regula- tion (EC) No 1766/92 (5), as last amended by Commission (1) OJ L 318, 20. 12. 1993, p. 18. (2) OJ L 157, 30. 5. 1998, p. 1. (3) OJ L 136, 31. 5. 1994, p. 5. (4) OJ L 268, 1. 10. 1997, p. 20. (5) OJ L 181, 1. 7. 1992, p. 21. the export Regulation (EC) No 923/96 (6), and by the other Regula- tions referred to in Article 1 of Regulation (EC) No 1222/94; whereas these maximum rates generally apply from the end of the month preceding the month in the same which the rate of products exported in the form of goods not covered by Annex II to the Treaty are set; whereas the rates of refund for agricultural products exported in the form of goods not covered by Annex II to the Treaty should accordingly be published with the same regularity as the rates for agri- cultural products exported in the most similar forms which are still covered by Annex II to the Treaty; refunds for Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee on Horizontal Questions concerning Trade in Processed Agricultural Products not listed in Annex II, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1222/94 is amended as follows: 1. In Article 1(2)(d) and (e), the amount ‘40 %’ shall be replaced by ‘45 %’. 2. In Article 1(2), the current subparagraph (g) shall be shall be deleted and the following subparagraphs inserted: ‘(g) husked rice falling within CN code 1006 20 shall be assimilated to wholly milled rice, falling within CN code 1006 30; (h) — raw cane or beet sugar falling within CN code 1701 11 90 or 1701 12 90 containing, in the dry state, 92 % or more by weight of sucrose, determined by the polarimetric method, — sugar falling within CN codes 1701 91 00 or 1701 99 90, — the products referred to in Article 1(1)(d) of Regulation (EEC) No 1785/81 (*), — the products referred to in Article 1(1)(f) and (g) of Regulation (EEC) No 1785/81 (*), (6) OJ L 126, 24. 5. 1996, p. 37. L 184/26 ‹ EN ‹ Official Journal of the European Communities 27. 6. 98 and — the products referred to in Article 1(1)(h) of Regulation (EEC) No 1785/81 which meet the conditions of eligibility for a refund laid down in Regulation (EEC) No 1785/81 and in Regulation (EC) No 2135/95 (**) when exported unprocessed shall be assimilated to white sugar falling within CN code 1701 99 10; (*) Excluding mixtures obtained partly using (EEC) by Regulation covered products No 1766/92. (**) OJ L 214, 8. 9. 1995, p. 16. ’ 3. In the fifth and sixth indents of Article 3(1)(a), the amount ‘26 %’ shall be replaced by ‘27 %’. — 1 kg of white sugar shall correspond to 100 kg of one of the products referred to in the third indent of Article 1(2)(h) meeting the conditions laid down in Article 3 of Regulation (EC) No 2135/95, per 1 % of sucrose (plus, where applicable, the content of other sugars calculated in sucrose equivalent) determined in accordance with the said Article 3, 5 — 100 kg of white sugar shall correspond to 100 kg (determined in accordance with of dry matter Article of Regulation (EC) No 2135/95) contained in the isoglucose or isoglucose syrup referred to in the fourth indent of Article 1(2)(h) meeting the conditions laid down in Article 5 of Regulation (EC) No 2135/95, — 100 kg of white sugar shall correspond to 100 kg of the dry matter of one of the products referred to in the fifth indent of Article 1(2)(h) meeting the conditions of Article 6 of Regulation (EC) No 2135/95. ’ 4. The following indents shall be added to Article 3(1)(a): 5. Article 3(1)(b)(ii) is deleted. ‘— 77,5 kg of wholly milled round grain rice shall correspond to 100 kg of the husked round grain rice referred to in paragraph 2(g), 6. The first subparagraph of Article 4(1) is replaced by the following: — 69 kg of wholly milled long grain rice shall corres- pond to 100 kg of the husked medium grain or long grain rice referred to in Article 1(2)(g), — 92 kg of white sugar shall correspond to 100 kg of the raw sugar referred to in the first indent of Article 1(2)(h), ‘1. The rate of refund shall be fixed each month per 100 kg of basic products in accordance with Article 13(3) of Regulation (EEC) No 1766/92 and the corres- ponding Articles of the other Regulations referred to in Article 1(1)’. 7. The fourth indent of Article 5(2) is deleted. — 1 kg of white sugar shall correspond to 100 kg of the sugar referred to in the second indent of Article 1(2)(h) per 1 % of sucrose, 8. Annex A is replaced by the text annexed to this Regu- lation. 9. In Annex E: (a) the following lines are inserted: CN code Processed agricultural product Coefficient to be applied Basic product ‘ex 1101 1102 10 Common wheat or meslin flour with an ash content of between: – up to and including 900 mg per 100 g – above 900 but not exceeding 1 900 mg per 100 g flour with an ash content of Rye between: – up to and including 1 400 mg per 100 g – above 1 400 but not exceeding 2 000 mg per 100 g 1103 11 10 Durum wheat groats and meal 1103 11 90 Common wheat groats and meal with an ash content of between 0 and 600 mg per 100 g 1,33 1,09 1,37 1,08 1,42 1,37 common wheat common wheat rye rye durum wheat common wheat’ 27. 6. 98 ‹ EN ‹ Official Journal of the European Communities L 184/27 (b) the line relating to CN code 2302 30 (bran, sharps and other residues, whether or not in the form of pellets, deriving from the sifting, milling or other working of wheat) is deleted. Article 2 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. It shall apply with effect from 1 October 1998. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 June 1998. For the Commission Martin BANGEMANN Member of the Commission L 184/28 ‹ EN ‹ Official Journal of the European Communities 27. 6. 98 ANNEX ‘ANNEX A Description Milk powder, in granules or other solid forms, not containing added sugar or other sweetening matter, of a fat content by weight not exceeding 1,5 % (PG 2) Milk powder, in granules or other solid forms, not containing added sugar or other sweetening matter, of a fat content by weight of 26 % (PG 3) CN code ex 0402 10 19 ex 0402 21 19 ex 0404 10 02 to ex 0404 10 16 Whey, in powder, granules or other solid forms, not containing added sugar or other sweetening matter (PG 1) ex 0405 10 Butter of a fat content of 82 % (PG 6) ex 0407 00 30 Poultry eggs in shell, fresh or preserved, other than eggs for hatching ex 0408 Eggs not in shell, and egg yolks, suitable for human consumption, fresh, dried, frozen or otherwise preserved, not sweetened 1001 10 00 Durum wheat 1001 90 99 Common wheat and meslin, other than for sowing 1002 00 00 Rye 1003 00 90 Barley, other than for sowing 1004 00 00 Oats 1005 90 00 Maize, other than for sowing ex 1006 30 Wholly milled rice 1006 40 00 Broken rice 1007 00 90 Grain sorghum, other than hybrids, for sowing 1701 99 10 White sugar ex 1702 19 00 Lactose, containing, in the dry state, 98,5 % by weight of the pure product (PG 12) 1703 Molasses resulting from the extraction or refining of sugar’