1995R1429 — EN — 16.10.2001 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1429/95
of23June1995
on implementing rules for export refunds on products processed from fruit and vegetables other
thanthosegrantedforaddedsugars
(OJ L 141, 24.6.1995, p. 28)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 341/96 of 26 February 1996 L 48 8 27.2.1996
►M2Commission Regulation (EC) No 1007/97 of 4 June 1997 L 145 16 5.6.1997
►M3Commission Regulation (EC) No 1962/2001 of 8 October 2001 L 268 19 9.10.2001
Corrected by:
►C1Corrigendum, OJ L 80, 30.3.1996, p. 72 (341/96)
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COMMISSIONREGULATION(EC)No1429/95
of23June1995
on implementing rules for export refunds on products processed
fromfruitandvegetablesotherthanthosegrantedforaddedsugars
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 processedfrom fruit and 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
agriculture sector in order to implement the agreements concluded
during the Uruguay Round 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 certificatesfor agricultural products;
Whereas Commission Regulation (EEC) No 3846/87(
6), as last amended
by Regulation (EC) No 836/95(7), establishes an agricultural product
nomenclature 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 rulesrelating 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 fromagreements 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 areissued and details should be provided concerning the data to be notifiedto the Commission and the 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 havebeen obtained from fruit and vegetables harvested in the Community;1995R1429 — EN — 16.10.2001 — 003.001 — 2
(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.
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Whereas, within the tolerance limits, the exported quantity in respect of
which refunds may be paid may not exceed the quantity applied for inthe licence application;
Whereas the Member States should regularly forward certain informa-
tion on licence applications to the Commission;
Whereas the Management Committee for Products Processed from Fruit
and Vegetables has not delivered an opinion within the time limit set by
its chairman,
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 sectorof products processed from fruit and vegetables shall be set at the sametime as the 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) No 426/86 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 thegrant of a refund at the rate in force on the date of submission of theapplication.
Licence applications shall be accompanied by:
— the lodging of a security of EUR 20 per tonne net weight, up to the
limit of the refund rate,
— 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 exportrefunds 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 the
same 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 19,1995R1429 — EN — 16.10.2001 — 003.001 — 3
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— orange juice falling within CN codes 2009 11 and 2009 19, with a
sugar content of 10º Brix or more, but less than 22º Brix,
— orange juice falling within CN codes 2009 11 and 2009 19, with a
sugar content of 22º Brix or more, but less than 33º Brix,
— orange juice falling within CN codes 2009 11 and 2009 19, with a
sugar content of 33º Brix or more, but less than 44º Brix,
— orange juice falling within CN codes 2009 11 and 2009 19, with a
sugar content of 44º Brix or more, but less than 55º Brix,
— orange juice falling within CN codes 2009 11 and 2009 19, with a
sugar content of 55º Brix or more.
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)
—Επιστροφή που ισχύει για …(ποσότητα για την οποία εκδίδεται
το πιστοποιητικό) κατ'ανώτατο όριο
— 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 quantityexceeding that laid down for that product during the allocation periodconcerned.
Where the quantity laid down is increased during the allocation period,
subsequent applications may not be in respect of a quantity exceedingthe 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
product category as referred to in Article 3 (2) exceed the quantityreferred 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 ◄
during the current issuing period, not including the licences issued
for food aid as provided for in Article 10 (4) of the Agreement on
Agriculture concluded during the Uruguay Round of multilateraltrade 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,1995R1429 — EN — 16.10.2001 — 003.001 — 4
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— 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 specificmeasures as referred to in paragraph 1 have been taken in the interval.
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 ◄.
4. Where a percentage reduction is fixed in accordance with
paragraph 1, licence applications may be withdrawn within 10 workingdays of the date of publication of the percentage reduction. Suchwithdrawal shall entail release of the security. The security shall also bereleased 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 inArticle 2 at the same time as the notification of withdrawal of the licenceapplication.
5. Quantities exported within the tolerance provided for in Article 8
(4) of Regulation (EEC) No 3719/88 shall not be eligible for payment ofa refund.
Article 6
1. Member States shall notify the Commission, for each product
category, of:
(a) the total quantities for which licences have been applied for, except
for those relating to applications rejected under Article 3(4);
(b) the total quantities for which licences have been withdrawn under
Article 4(4);
(c) the total quantities for which licences have been issued but not used;
(d) the total quantities not used within the tolerance laid down in Article
8(5) of Commission Regulation (EC) No 1291/2000(1).
Where there are no quantities to be communicated, the notification shall
contain the word ‘nil’.
2. The notifications shall:
(a) include, where appropriate, the words ‘GATT food aid’ if they relate
to a refund granted in connection with food aid as provided for inArticle 10(4) of the Agreement on Agriculture concluded during theUruguay Round of multilateral trade negotiations;
(b) be sent to the Commission by e-mail, using the form the
Commission has supplied to the Member States for this purpose.
3. (a) The notifications shall be made no later than 12.00 (Brussels
time) on Mondays and Thursdays of each week, in the case ofapplications lodged each working day from the day of the
preceding notification to the day preceding the notification in
question and also in the case of the information that the MemberStates have received in the same period on quantities withdrawnand not used. Where the Monday or Thursday falls on a publicholiday at the Commission, the latter may temporarily change thenotification day.1995R1429 — EN — 16.10.2001 — 003.001 — 5
(1) OJ L 152, 24.6.2000, p. 1.▼M2
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(b) Where the day of notification referred to in point (a) is a national
public holiday, the Member State concerned shall send thenotification by 15.00 at the latest (Brussels time) on the working
day immediately 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) No 426/86 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.1995R1429 — EN — 16.10.2001 — 003.001 — 6
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