EN Official Journal of the European Communities 19. 2. 1999 L 45/26
COMMISSION REGULATION (EC) No 363/1999
of 18 February 1999
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 theexisting situation and outlook for prices for productsprocessed from fruit and vegetables on the Communitymarket and supply availability, on the one hand, andprices in international trade on the other hand; whereasaccount must also be taken of the costs indicated at (b) inthat paragraph and of the economic aspect of the envis-aged exports;
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 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;
Whereas Commission Regulation (EEC) No 3846/87 (
5), as
last amended by Regulation (EC) No 2138/98 (6), estab-
lishes an agricultural product nomenclature for exportrefunds;
Whereas Commission Regulation (EEC) No 3719/88 (
7), as
last amended by Regulation (EC) No 1044/98 (8), lays
down common detailed rules for the application of thesystem of import and export licences and advance fixingcertificates for agricultural products;
(1) OJ L 297, 21. 11. 1996, p. 29. (5) OJ L 366, 24. 12. 1987, p. 1.
(2) OJ L 303, 6. 11. 1997, p. 1. (6) OJ L 270, 7. 10. 1998, p. 4.
(3) OJ L 141, 24. 6. 1995, p. 28. (7) OJ L 331, 2. 12. 1988, p. 1.
(4) OJ L 145, 5. 6. 1997, p. 16. (8) OJ L 149, 20. 5. 1998, p. 11.
EN Official Journal of the European Communities 19. 2. 1999 L 45/27
Whereas the measures provided for in this Regulation are in accordance with the opinion
of the Management Committee for Products Processed from 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 Regulation (EEC) No 3719/88 shall not count against the eligible quantitiesreferred to in the first paragraph.
Article 2
This Regulation shall enter into force on 22 February 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 18 February 1999.
For the Commission
Franz FISCHLER
Member of the Commission
EN Official Journal of the European Communities 19. 2. 1999 L 45/28
ANNEX
Licence issuing period March to June 1999
Product
(The full definitions of the eligible products
are given in the ‘processed fruit and vegetables' Product codeDestination
code (1)Period for submission of applications:
from 22 February to 23 June 1999
sector of Commission
Regulation (EEC) No 3846/87, as amended) Refund rate
(EUR/t net)Quantities provided
(in tonnes)
Provisionally preserved cherries 0812 10 00 9100 A 55 3 358
Peeled tomatoes 2002 10 10 9100 B 50 50 000
Preserved cherries 2006 00 31 9000
2006 00 99 9100A 170 338
Prepared hazelnuts 2008 19 19 91002008 19 99 9100 C 66 405
Orange juice With a sugar content of not
less than 10¾ Brix, but lessthan 22¾ Brix2009 11 99 91102009 19 99 9110 C 6 353
With a sugar content of notless than 55¾ Brix 2009 11 99 91502009 19 99 9150 C 32 354
(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.