‹‹ EN Official Journal of the European Communities L 50/18 20. 2. 98
COMMISSION REGULATION (EC) No 396/98
of 19 February 1998
setting export refunds on products processed from fruit and vegetables other
than those granted for added sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EC) No 2201/96 of
28 October 1996 on the common organization of themarket in products processed from fruit and vegetables (
1),
as amended by Regulation (EC) No 2199/97 (2), and in
particular Article 16 (3),
Whereas Commission Regulation (EC) No 1429/95 (3), as
last amended by Regulation (EC) No 1007/97 (4), sets
implementing rules for export refunds on productsprocessed from fruit and vegetables;
Whereas Article 16 (1) of Regulation (EC) No 2201/96
states that, to the extent necessary to permit exports ineconomically significant quantities of the productsreferred to in Article 1 (1) (a) of that Regulation, on thebasis of prices for those products in international trade,the difference between those prices and prices in theCommunity may be covered by export refunds; whereasArticle 18 (4) of Regulation (EC) No 2201/96 providesthat, if the refund on sugar incorporated into the productslisted in Article 1 (1) is insufficient to allow export of theproducts, the refund fixed in accordance with Article 17 isto be applicable to those products;
Whereas Article 17 (2) of Regulation (EC) No 2201/96
states that refunds must be fixed with regard to the exist-ing situation and outlook for prices for products processedfrom fruit and vegetables on the Community market andsupply availability, on the one hand, and prices in inter-national trade on the other hand; whereas account mustalso be taken of the costs indicated at (b) in that para-graph and of the economic aspect of the envisagedexports;
Whereas refunds are, pursuant to Article 16 (1) of Regula-
tion (EC) No 2201/96, to be set with due regard to thelimits resulting from agreements concluded in accordance
with Article 228 of the Treaty;
Whereas Article 17 (3) of Regulation (EC) No 2201/96
states that prices on the Community market are to bedetermined taking account of those most favourable fromthe exportation standpoint; whereas international tradeprices are to be determined account taken of the pricesindicated in the second subparagraph of that paragraph;
Whereas the international trade situation or the special
requirements of certain markets may make it necessary tovary the refund on a given product depending on thedestination of that product;
Whereas economically significant exports can be made at
the present time of provisionally preserved cherries,peeled tomatoes, preserved cherries, prepared hazelnutsand some orange juices;
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 in third-country currencies and arethe basis for determining the agricultural conversion ratesof the Member States’ currencies; whereas rules for deter-mining and applying these conversion rates were set byCommission Regulation (EEC) No 1068/93 (
7), as last
amended by Regulation (EC) No 1482/96 (8);
Whereas application of the rules mentioned above to the
present and forecast market situation, in particular toprices of products processed from fruit and vegetables inthe Community and in international trade, leads to therefund rates set in the Annex hereto;
Whereas, pursuant to Article 16 (2) of Regulation (EC) No
2201/96, the most efficient possible use should be madeof the resources available without creating discriminationbetween traders; whereas, therefore, care should be takennot to disturb the trade flows previously induced by therefund arrangements;
(1) OJ L 297, 21. 11. 1996, p. 29.
(2) OJ L 303, 6. 11. 1997, p. 1.
(3) OJ L 141, 24. 6. 1995, p. 28.
(4) OJ L 145, 5. 6. 1997, p. 16.(5) OJ L 387, 31. 12. 1992, p. 1.
(6) OJ L 22, 31. 1. 1995, p. 1.
(7) OJ L 108, 1. 5. 1993, p. 106.
(8) OJ L 188, 27. 7. 1996, p. 22.
‹‹ EN Official Journal of the European Communities L 50/19 20. 2. 98
Whereas Commission Regulation (EEC) No 3846/87 (1),
as last amended by Regulation (EC) No 382/98 (2), es-
tablishes an agricultural product nomenclature for exportrefunds;
Whereas Commission Regulation (EEC) No 3719/88 (
3),
as last amended by Regulation (EC) No 1404/97 (4), lays
down common detailed rules for the application of thesystem of import and export licences and advance fixingcertificates for agricultural products;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the ManagementCommittee for Fruit and Vegetables,HAS ADOPTED THIS REGULATION:
Article 1
1. The export refund rates in the processed fruit and
vegetables sector shall be those fixed in the Annex hereto.
2. Quantities for which licences are issued in the
context of food aid, as referred to in Article 14a of Regu-lation (EEC) No 3719/88 shall not count against theeligible quantities referred to in the first paragraph.
Article 2
This Regulation shall enter into force on 24 February
1998.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 19 February 1998.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 366, 24. 12. 1987, p. 1.
(2) OJ L 48, 19. 2. 1998, p. 28.
(3) OJ L 331, 2. 12. 1988, p. 1.
(4) OJ L 194, 23. 7. 1997, p. 5.
‹‹ EN Official Journal of the European Communities L 50/20 20. 2. 98
ANNEX
Product
(The full definitions of the eligible products
are given in the ‘processed fruit and vegetables’
sector of Commission
Regulation (EEC) No 3846/87, as amended)Product
codeDestination
code (1)Licence issuing period March to June 1998
Period for submission of applications:
from 24 February to 23 June 1998
Refund rate
(ECU/tonne net)Quantities provided
(in tonnes)
Provisionally preserved cherries 0812 10 00 9100 A 55 3 694
Peeled tomatoes 2002 10 10 9100 B 50 44 375
Preserved cherries 2006 00 31 9000
2006 00 99 9100A 170 372
Prepared hazelnuts 2008 19 19 9100
2008 19 99 9100C 66 445
Orange
juiceWith a sugar content of not
less than 10 HBrix, but less
than 22HBrix2009 11 99 9110
2009 19 99 9110C 6 389
With a sugar content of not
less than 55 HBrix2009 11 99 9150
2009 19 99 9150C 32 390
(1) The destination codes are defined as follows:
A: All destinations except the countries of North America,B: All destinations except the United States of America,C: All destinations.