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"B COMMISSION REGULATION (EC) No 1429/95
of 23 June 1995
on implementing rules for export refunds on products processed from fruit and vegetables other than those
granted for added sugars
(OJ L 141, 24.6.1995, p. 28)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 341/96 of 26 February 1996 L 48 8 27.2.1996
"M2 Commission Regulation (EC) No 1007/97 of 4 June 1997 L 145 16 5.6.1997
Corrected by:
"C1 Corrigendum, OJ L 80, 30.3.1996, p. 72 (341/96)1995R1429 — EN — 24.06.1997 — 002.001 — 1
COMMISSION REGULATION (EC) No 1429/95
of 23 June 1995
on implementing rules for export refunds on products processed from
fruit and vegetables other than those granted for added sugars
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986
on the common organization of the market in products processed from fruitand vegetables (
1), as last amended by Regulation (EC) No 1032/95 (2), and in
particular Articles 13 (8), 14 (5) and 14a (7) thereof,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994
on the adjustments and transitional arrangements required in the agriculturesector in order to implement the agreements concluded during the UruguayRound of multilateral trade negotiations (
3), and in particular Article 3
thereof,
Whereas Article 13 (4) of Regulation (EEC) No 426/86 imposes an export
licence requirement for the granting of refunds;
Whereas Commission Regulation (EEC) No 3719/88 (4), as last amended by
Regulation (EC) No 1199/95 (5), sets detailed rules for application of the
system of import and export licences and advance fixing certificates for
agricultural products;
Whereas Commission Regulation (EEC) No 3846/87 (6), as last amended by
Regulation (EC) No 836/95 (7), establishes an agricultural product nomen-
clature for export refunds;
Whereas Commission Regulation (EEC) No 3665/87 (8), as last amended by
Regulation (EC) No 331/95 (9), lays down common detailed rules for the
application of the system of export refunds on agricultural products; whereas
these detailed rules must be supplemented by specific rules relating to
products processed from fruit and vegetables;
Whereas, pursuant to Article 13 (1) of Regulation (EEC) No 426/86, refunds
are to be set with due regard to the limits resulting from agreements
concluded in accordance with Article 228 of the Treaty;
Whereas the Commission must fix the refund rates and maximum quantities
eligible for refunds; whereas these amounts and quantities must be fixed per
period of allocation of export licences; whereas they may be revised on the
basis of economic circumstances;
Whereas, to ensure that quantities for export can be very precisely managed,
export licences should require refunds to be fixed in advance; whereas time
should be allowed for consideration before licences are issued and detailsshould be provided concerning the data to be notified to the Commission andthe form this notification should take;
Whereas the Member States should designate the authorities responsible for
issuing the licences;
Whereas the issue of licences should also be subject to the lodging of a
security and to the presentation of a declaration that the products have been
obtained from fruit and vegetables harvested in the Community;
Whereas, within the tolerance limits, the exported quantity in respect of which
refunds may be paid may not exceed the quantity applied for in the licence
application;
Whereas the Member States should regularly forward certain information on
licence applications to the Commission;!B
(1) OJ No L 49, 27. 2. 1986, p. 1.
(2) OJ No L 105, 9. 5. 1995, p. 3.
(3) OJ No L 349, 31. 12. 1994, p. 105.
(4) OJ No L 331, 2. 12. 1988, p. 1.
(5) OJ No L 119, 30. 5. 1995, p. 4.
(6) OJ No L 366, 24. 12. 1987, p. 1.
(7) OJ No L 88, 20. 4. 1995, p. 1.
(8) OJ No L 351, 14. 12. 1987, p. 1.
(9) OJ No L 38, 18. 2. 1995, p. 1.1995R1429 — EN — 24.06.1997 — 002.001 — 2
Whereas the Management Committee for Products Processed from Fruit and
Vegetables has not delivered an opinion within the time limit set by itschairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. The refund rates referred to in Article 13 (3) of Regulation (EEC) No
426/86 for products on which export refunds are granted in the sector ofproducts processed from fruit and vegetables shall be set at the same time asthe quantities for which licences with advance fixing of the refund may be
issued.
2. The rates and quantities referred to in paragraph 1 shall be fixed for each
licence allocation period.
3. Where necessary, the quantities referred to in paragraph 1 may be revised
on the basis of trends in Community production and the outlook for exports.
Article 2
Member States shall designate the agency or agencies responsible for issuing
the export licences referred to in Article 13 (4) of Regulation (EEC) No426/86 and shall inform the Commission thereof.
Article 3
1. Exporters shall apply for licences with advance fixing of the refund to the
competent authorities of the Member States with a view to the grant of arefund at the rate in force on the date of submission of the application.
Licence applications shall be accompanied by:— the lodging of a security equal to half the amount of the refund in force
for the export in question on the day of application,
— a declaration that the products to be exported have been obtained from
fruit or vegetables harvested in the Community.
2. Licence applications and licences shall carry in box 16 the eleven-figure
product code of the agricultural product nomenclature for export refunds
given in Regulation (EEC) No 3846/87.
However, more than one code may appear simultaneously in licence
applications and licences provided the codes are those of products in thesame category and the rate of refund is the same.
Category, within the meaning of the second paragraph of Article 13a of
Regulation (EEC) No 3719/88, shall mean the following classes of products:
— dried grapes falling within CN code 0806 20,
— cherries provisionally preserved falling within CN code 0812 10,
— tomatoes prepared or preserved otherwise than by vinegar or acetic acid
falling within CN code 2002 10,
— fruit preserved by sugar falling within CN code 2006,— nuts other than groundnuts, prepared, falling within CN code 2008 19,— orange juice falling within CN codes 2009 11 and 2009 19, with a sugar
content of 10° Brix or more, but less than 22° Brix,
— orange juice falling within CN codes 2009 11 and 2009 19, with a sugar
content of 22° Brix or more, but less than 33° Brix,
— orange juice falling within CN codes 2009 11 and 2009 19, with a sugar
content of 33° Brix or more, but less than 44° Brix,
— orange juice falling within CN codes 2009 11 and 2009 19, with a sugar
content of 44° Brix or more, but less than 55° Brix,
— orange juice falling within CN codes 2009 11 and 2009 19, with a sugar
content of 55° Brix or more.!B
!M2
!B1995R1429 — EN — 24.06.1997 — 002.001 — 3
3. One of the following entries shall be made in box 22 of the licence:
— Restitución válida para … (cantidad por la que se haya expedido el
certificado) como máximo
— Restitutionen omfatter højst … (den mængde, licensen er udstedt for)
— Erstattung gültig für höchstens … (Menge, für die die Lizenz erteilt
wurde)
—Επιστρ/omikronφή π/omikronυ ισ/khiύει για … (π/omikronσ/omikronacuteτητα για την /omikronπ/omikronία εκδίδεται τ/omikron
πιστ/omikronπ/omikronιητικ/omikronacute) κατ’ ανώτατ/omikron /omikronacuteρι/omikron
—Refund valid for not more than … (quantity for which licence issued)
— Restitution valable pour … (quantité pour laquelle le certificat est
délivré) au maximum
— Restituzione valida al massimo per … (quantitativo per il quale è
rilasciato il titolo)
— Restitutie voor ten hoogste … (hoeveelheid waarvoor het certificaat is
afgegeven)
— Restituição válida para … (quantidade em relação à qual é emitido o
certificado) , no máximo
— Vientituki voimassa enintään … (määrä, jolle todistus on annettu) osalta
— Bidrag som gäller för högst … (kvantitet för vilken licensen skall
utfärdas) .
4. For each day on which applications are submitted, on operator may not
submit licence applications in respect of a product for a quantity exceeding
that laid down for that product during the allocation period concerned.
Where the quantity laid down is increased during the allocation period,
subsequent applications may not be in respect of a quantity exceeding the
difference between the quantity laid down before the increase and the quantity
laid down after the increase.
Member States shall reject all applications not complying with the above
provisions on the day of their submission.
Article 4
1. The Commission shall check, for each application lodgment day in turn,
whether the total quantities applied for pursuant to Article 3 in each productcategory as referred to in Article 3 (2) exceed the quantity referred to in
Article 1,
—
"M2less the quantities for which licences with advance fixing of the
refund have been issued or are in the process of being issued 3during
the current issuing period, not including the licences issued for food aid
as provided for in Article 10 (4) of the Agreement on Agricultureconcluded during the Uruguay Round of multilateral trade negotiations,
— plus any quantities covered by applications withdrawn under paragraph 4
of this Article,
— plus any quantities for which licences have been issued but not used,
— plus any quantities not used within the framework of the tolerance
provided for in Article 8 (5) of Regulation (EEC) No 3719/88.
If they do the Commission shall set a reduction percentage or decide to reject
the applications.
2. Export licences shall be issued on the fifth working day following the day
on which the application was lodged, provided that no specific measures asreferred to in paragraph 1 have been taken in the interval.!B
!M1
!B
!M2
!B1995R1429 — EN — 24.06.1997 — 002.001 — 4
3. Licences shall be valid for five months from the "M2date of their issue
within the meaning of Article 21 (2) of Regulation (EEC) No 3719/88 3.
4. Where a percentage reduction is fixed in accordance with paragraph 1,
licence applications may be withdrawn within 10 working days of the date ofpublication of the percentage reduction. Such withdrawal shall entail releaseof the security. The security shall also be released where applications are
refused.
Where a licence has been issued before the application is withdrawn it must
be returned for cancellation to the responsible agency referred to in Article 2at the same time as the notification of withdrawal of the licence application.
5. Quantities exported within the tolerance provided for in Article 8 (4) of
Regulation (EEC) No 3719/88 shall not be eligible for payment of a refund.
Article 6
Member States shall notify to the Commission by fax, in accordance with the
model in the Annex, not later than 12 o’clock (Brussels time) on Monday andThursday of each week, information concerning, per working day, for each
product category and for each destination:
— the quantities for which licences have been applied for,
"C1 3excluding those covered by applications rejected
pursuant to Article 3 (4) or, where applicable, the absence of applications,
— any quantities covered by applications withdrawn under Article 4 (4),
— any quantities for which licences have been issued but not used,
— any quantities not used within the tolerance provided for in Article 8 (5)
of Regulation (EEC) No 3719/88,
for the period up to the working day preceding the day of notification.
The quantities shall be broken down according to whether or not they fall
within the scope of the food aid provided for in Article 10 (4) of the
Agreement on Agriculture concluded during the Uruguay Round of multi-lateral trade negotiations.
Where the date set for notification is a public holiday, the Member State
concerned shall notify the Commission on the working day preceding the
national holiday.
Article 7
Grant of a refund under Article 14a (2) of Regulation (EEC) No 426/86 shall
preclude the grant of a refund under Article 14a (4) of Regulation (EEC) No426/86 and vice versa.
Article 8
This Regulation shall enter into force on 26 June 1995.
However, Article 6 shall apply from 29 June 1995.This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
!M2
!B
!M2
!B
!M1
!M2
!B
!M2
!B1995R1429 — EN — 24.06.1997 — 002.001 — 5
ANNEX
!M21995R1429 — EN — 24.06.1997 — 002.001 — 6