EN Official Journal of the European Communities 7. 1. 98 L 3/5
COMMISSION REGULATION (EC) No 8/98
of 6 January 1998
fixing export refunds on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Council Regulation (EC) No 2200/96 of
28 October 1996 on the common organization of themarket in fruit and vegetables (
1), as amended by
Commission Regulation (EC) No 2520/97 (2), and in
particular Article 35 (11) thereof,
Whereas Commission Regulation (EC) No 2190/96 (3), as
last amended by Regulation (EC) No 610/97 (4), lays
down detailed rules on export refunds on fruit and veget-ables;
Whereas Article 35 (1) of Council Regulation (EC) No
2200/96, provides that, to the extent necessary foreconomically significant quantities of the products listedin that Article to be exported, the difference between theinternational market prices for those products and theirprices in the Community may be covered by exportrefunds;
Whereas Article 35 (4) of Regulation (EC) No 2200/96
provides that refunds must be fixed in the light of theexisting situation or the outlook for fruit and vegetableprices on the Community market and supplies availableon the one hand, and prices on the international marketon the other hand; whereas account must also be taken ofthe costs referred to in Article 26 (4) (b) of that Regula-tion and of the economic aspect of the exports planned;
Whereas, pursuant to Article 35 (1) of Regulation (EC)
No 2200/96, refunds are to be set with due regard to thelimits resulting from agreements concluded in accord-ance with Article 228 of the Treaty;
Whereas, in accordance with Article 35 (5) of Regulation
(EC) No 2200/96, prices on the Community market areto be established in the light of the most favourableprices from the export standpoint; whereas internationaltrade prices are to be established in the light of the pricesreferred to in the second subparagraph of that paragraph;Whereas the international trade situation or the special
requirements of certain markets may call for the refundon a given product to vary according to its destination;
Whereas tomatoes, lemons, oranges and apples of classes
Extra, I and II of the common quality standards, tablegrapes of classes Extra and I, shelled almonds, hazelnutsand walnuts in shell can currently be exported ineconomically significant quantities;
Whereas the representative market rates as defined in
Article 1 of Council Regulation (EEC) No 3813/92 (
5), as
last amended by Regulation (EC) No 150/95 (6), are used
to convert amounts expressed in currencies of third coun-tries and provide the basis for determining the agricul-tural conversion rates for the Member States’ currencies;whereas rules for determining and applying those conver-sion rates are laid down in Commission Regulation (EEC)No 1068/93 (
7), as last amended by Regulation (EC) No
1482/96 (8);
Whereas the application of the abovementioned rules to
the present and forecast market situation, and in partic-ular to fruit and vegetable prices in the Community andinternational trade, gives the refund rates set out in theAnnex hereto;
Whereas, pursuant to Article 35 (2) of Regulation (EC)
No 2200/96, the resources available should be used asefficiently as possible while avoiding discriminationbetween traders; whereas, therefore, care should be takennot to disturb the trade flows previously induced by therefund arrangements; whereas, for those reasons andbecause of the seasonal nature of exports of fruit andvegetables, quotas should be fixed for each product;
Whereas Commission Regulation (EEC) No 3846/87 (
9),
as last amended by Regulation (EC) No 2541/97 (10),
establishes an agricultural product nomenclature forexport refunds;
(5) OJ L 387, 31. 12. 1992, p. 1.
(6) OJ L 22, 31. 1. 1995, p. 1.
(1) OJ L 297, 21. 11. 1996, p. 1. (7) OJ L 108, 1. 5. 1993, p. 106.
(2) OJ L 346, 17. 12. 1997, p. 41. (8) OJ L 188, 27. 7. 1996, p. 22.
(3) OJ L 292, 15. 11. 1996, p. 12. (9) OJ L 366, 24. 12. 1987, p. 1.
(4) OJ L 93, 8. 4. 1997, p. 16. (10) OJ L 347, 18. 12. 1997, p. 14.
EN Official Journal of the European Communities 7. 1. 98 L 3/6
Whereas Regulation (EEC) No 3719/88 (1), as last
amended by Commission Regulation (EC) No 1404/97 (
2), lays down common detailed rules for the applica-
tion of the system of import and export licences andadvance fixing certificates for agricultural products;
Whereas, owing to the market situation, in order to make
the most efficient use of the resources available and giventhe structure of Community exports, the most appro-priate method should be selected for export refunds oncertain products and certain destinations and conse-quently refunds under the A1 and A2 licence arrange-ments referred to in Article 1 of Regulation (EC) No2190/96 should not be fixed simultaneously for theexport period in question;
Whereas the quantities laid down for the various products
should be distributed in accordance with the differentsystems for the grant of the refund, taking account inparticular of their perishability;
Whereas account should be taken of the definitive rates
under the A2 system fixed for the preceding licenceapplication period;Whereas the measures provided for in this Regulation are
in accordance with the opinion of the ManagementCommittee for Products Processed from Fruit and Veget-ables,
HAS ADOPTED THIS REGULATION:
Article 1
1. The export refunds on fruit and vegetables shall be
as set out in the Annex hereto.
2. Quantities covered by licences issued for food aid as
referred to in Article 14a of Regulation (EEC) No 3719/88 shall not count against the eligible quantities coveredby paragraph 1.
3. Without prejudice to the application of Article 4 (5)
of Regulation (EC) No 2190/96, the term of validity ofA1 and A2 licences shall be two months.
Article 2
This Regulation shall enter into force on 13 January
1998.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 6 January 1998.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 331, 2. 12. 1988, p. 1.
(2) OJ L 194, 23. 7. 1997, p. 5.
EN Official Journal of the European Communities 7. 1. 98 L 3/7
Product
(Full definitions of
eligible products are given
in the ‘FruitA1
applications from
13. 1 to 10. 3. 1998A2
applications from
14. 1 to 16. 1. 1998B
applications from
20. 1 to 17. 3. 1998
and vegetables'
section of
Commission Regulation
(EEC) No 3846/87
amended)Product
codeDestination
or
destination
group (1)Refund
rate
(ECU/tonnes
net weight)Scheduled
quantity
(tonnes)Destination
or
destination
group (1)Indicative
refund
rate
(ECU/tonnes
net weight)Scheduled
quantity
(tonnes)Destination
or
destination
group (1)Indicative
refund
rate
(ECU/tonnes
net weight)Scheduled
quantity
(tonnes)ANNEX
EXPORT REFUNDS ON FRUIT AND VEGETABLES
Tomatoes 0702 00 00 9100 F 15 F 15 2 191 F 15 2 376
Shelled almonds 0802 12 90 9000 F 50 205 F 50 57
Hazelnuts in shell 0802 21 00 9000 F 59 10
Shelled hazelnuts 0802 22 00 9000 F 114 581 F 114 305
Walnuts in shell 0802 31 00 9000 F 73 6
Oranges 0805 10 10 9100
0805 10 30 91000805 10 50 9100XYC 40 XYC 40 50 284 XYC 40 94 605
Lemons 0805 30 10 91000805 30 30 9100 F 15 F 15 18 801 F 15 16 931
Table grapes 0806 10 10 9100 F 18 F 18 225
Apples 0808 10 20 91000808 10 50 91000808 10 90 9100 X 27 X 27 2 706 X 27 3 146
0808 10 20 91000808 10 50 91000808 10 90 9100 Y 7 Y 7 4 553 Y 7 4 401
0808 10 20 91000808 10 50 91000808 10 90 9100 ZD 54 1 475
Peaches and nectarines 0809 30 10 91000809 30 90 9100 E 35
EN Official Journal of the European Communities 7. 1. 98 L 3/8
(1) The destination codes are defined as follows:
X: Norway, Iceland, Greenland, Faeroes, Poland, Hungary, Romania, Bulgaria, Albania, Estonia, Latvia, Lithuania, Bosnia-Herzegovina, Croatia, Slovenia, Former Yugoslav
Republic of Macedonia, Federal Republic of Yugoslavia (Serbia and Montenegro), Malta.
Y: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, destinatio ns referred to in Article 34 of
Commission Regulation (EEC) No 3665/87, as amended.
Z: African countries and territories except South Africa, countries of the Arabian Peninsula (Saudi Arabia, Bahrain, Qatar, Oman, United Arab Emira tes (Abu Dhabi, Dubai,
Sharjah, Ajman, Umm al Qaiwain, Ras al Khaimah, Fujairah), Kuwait, Yemen), Syria, Iran, Jordan, Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador, Colombia.
C: Switzerland, Czech Republic, Slovakia.D: Hong Kong SAR, Singapore, Malaysia, Indonesia, Thailand, Taiwan, Papua New Guinea, Laos, Cambodia, Vietnam, Uruguay, Paraguay, Argentina, Mexi co, Costa Rica.
E: All destinations except Switzerland.F: All destinations.