1995R1429 — EN — 01.07.2002 — 004.001 — 1
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►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
►M4Commission Regulation (EC) No 1176/2002 of 28 June 2002 L 170 69 29.6.2002
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
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 processedfrom fruit and vegetables(
1), aslas t amended by Regulation (EC) No
1032/95(2), and in particular Articles13 (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 theagriculture sector in order to implement the agreements concludedduring the Uruguay Round of multilateral trade negotiations(
3), and in
particular Article 3 thereof,
WhereasArticle 13 (4) of Regulation (EEC) No 426/86 impos esan
export licence requirement for the granting of refunds;
Whereas Commission Regulation (EEC) No 3719/88(4), aslas t
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), aslas t
amended by Regulation (EC) No 836/95(7), establishes an agricultural
product nomenclature for export refunds;
Whereas Commission Regulation (EEC) No 3665/87(8), aslas t
amended by Regulation (EC) No 331/95(9), laysdown common
detailed rules for the application of the system of export refunds onagricultural products; whereas these detailed rules must be supple-mented 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 agree-mentsconcluded 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 quantitiesmust be fixed per period of allocation of export licences; whereasthey may be revised on the basis of economic circumstances;
Whereas, to ensure that quantities for export can be very precisely
managed, export licencess hould require refundsto be fixed in
advance; whereas time should be allowed for consideration beforelicences are issued and details should be provided concerning the datato be notified to the Commission and the form this notification shouldtake;
Whereas the Member States should designate the authorities respon-
sible 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 vegetablesharves ted in the Community;1995R1429 — EN — 01.07.2002 — 004.001 — 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 refundsmay be paid may not exceed the quantity applied for inthe licence application;
Whereasthe Member Statess hould regularly forward certain informa-
tion on licence applications to the Commission;
Whereas the Management Committee for Products Processed from
Fruit and Vegetableshasnot delivered an opinion within the time limit
set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. The refund ratesreferred to in Article 13 (3) of Regulation (EEC)
No 426/86 for productson which export refundsare granted in thesector of products processed from fruit and vegetables shall be set atthe same time as the quantities for which licences with advance fixing
of the refund may be issued.
2. The ratesand quantitiesreferred to in paragraph 1 s hall 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. Exporterss hall apply for licenceswith advance fixing of the
refund to the competent authoritiesof the Member Stateswith a viewto the grant of a refund at the rate in force on the date of submission ofthe application.
Licence applicationss hall 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 productsto be exported have been obtained
from fruit or vegetablesharves ted in the Community.
2. Licence applicationsand licencess hall carry in box 16 the
eleven-figure product code of the agricultural product nomenclaturefor export refundsgiven in Regulation (EEC) No 3846/87.
However, more than one code may appear simultaneously in licence
applicationsand licencesprovided the codesare thos e of productsin
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 grapesfalling 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,
— nutsother than groundnuts , prepared, falling within CN code
2008 19,1995R1429 — EN — 01.07.2002 — 004.001 — 3
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— orange juice falling within CN codes2009 11 and 2009 19, with a
sugar content of 10º Brix or more, but less than 22º Brix,
— orange juice falling within CN codes2009 11 and 2009 19, with a
sugar content of 22º Brix or more, but less than 33º Brix,
— orange juice falling within CN codes2009 11 and 2009 19, with a
sugar content of 33º Brix or more, but less than 44º Brix,
— orange juice falling within CN codes2009 11 and 2009 19, with a
sugar content of 44º Brix or more, but less than 55º Brix,
— orange juice falling within CN codes2009 11 and 2009 19, with a
sugar content of 55º Brix or more.
3. One of the following entriess hall 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 applicationsare s ubmitted, on operator
may not submit licence applications in respect of a product for a quan-
tity exceeding that laid down for that product during the allocationperiod concerned.
Where the quantity laid down isincreas ed during the allocation period,
subsequent applications may not be in respect of a quantity exceedingthe difference between the quantity laid down before the increase andthe quantity laid down after the increase.
Member Statess hall reject all applicationsnot 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 quantitiesapplied for purs uant to Article 3in each product category asreferred to in Article 3 (2) exceed thequantity 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 ◄
during the current issuing period, not including the licences issuedfor food aid asprovided for in Article 10 (4) of the Agreement onAgriculture concluded during the Uruguay Round of multilateraltrade negotiations,1995R1429 — EN — 01.07.2002 — 004.001 — 4
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— plusany quantitiescovered by applicationswithdrawn under para-
graph 4 of thisArticle,
— plus any quantities for which licences have been issued but not
used,
— plusany quantitiesnot us ed 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 waslodged, provided that no s pecificmeasures as referred to in paragraph 1 have been taken in the interval.
3. Licencess hall be valid for five monthsfrom the ►
M2date of
their issue within the meaning of Article 21 (2) of Regulation (EEC)No 3719/88 ◄.
4. Where a percentage reduction isfixed in accordance with para-
graph 1, licence applicationsmay be withdrawn within 10 workingdaysof the date of publication of the percentage reduction. Such with-drawal shall entail release of 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 2 at the same time as the notification of withdrawal of thelicence application.
5. Quantitiesexported within the tolerance provided for in Article 8
(4) of Regulation (EEC) No 3719/88 shall not be eligible for paymentof a refund.
Article 6
1. Member States shall notify the Commission, for each product
category, of:
(a) the total quantitiesfor which licenceshave been applied for, except
for those relating to applications rejected under Article 3(4);
(b) the total quantitiesfor which licenceshave been withdrawn under
Article 4(4);
(c) the total quantities for which licences have been issued but not
used;
(d) the total quantitiesnot us ed within the tolerance laid down in
Article 8(5) of Commission Regulation (EC) No 1291/2000(1).
Where there are no quantitiesto be communicated, the notification
shall contain the word ‘nil’.
2. The notificationss hall:
(a) include, where appropriate, the words‘GATT food aid’ if they
relate to a refund granted in connection with food aid asprovided
for in Article 10(4) of the Agreement on Agriculture concludedduring the Uruguay Round of multilateral trade negotiations;
(b) be sent to the Commission by e-mail, using the form the Commis-
sion 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 of1995R1429 — EN — 01.07.2002 — 004.001 — 5
(1) OJ L 152, 24.6.2000, p. 1.▼B
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applicationslodged each working day from the day of the
preceding notification to the day preceding the notification inquestion and also in the case of the information that the Member
Stateshave received in the s ame period on quantitieswithdrawn
and not used. Where the Monday or Thursday falls on a publicholiday at the Commission, the latter may temporarily changethe notification day.
(b) Where the day of notification referred to in point (a) isa
national public holiday, the Member State concerned shall sendthe notification by 15.00 at the latest (Brussels time) on theworking 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 7a
1. Where the differentiation of the refund is the result solely of a
refund not having been fixed for Estonia, and notwithstanding Article16 of Commission Regulation (EC) No 800/1999(
1), proof that customs
import formalitieshave been completed s hall not be required forpayment of the refund for productsfalling within CN codes2008 and
2009.
2. The fact that a refund hasnot been fixed for the export of
products falling within CN codes 2008 and 2009 to Estonia shall notbe taken into account in determining the lowest rate of refund withinthe meaning of Article 18(2) of Regulation (EC) No 800/1999.
Article 8
ThisRegulation s hall enter into force on 26 June 1995.However, Article 6 shall apply from 29 June 1995.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1995R1429 — EN — 01.07.2002 — 004.001 — 6
(1) OJ L 102, 17.4.1999, p. 11.▼B
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