EN Official Journal of the European Communities 22. 6. 1999 L 155/30
COMMISSION REGULATION (EC) No 1304/1999
of 21 June 1999
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
fixingexport refunds on fruit and veg etables
Havingreg ard to the Treaty establishingthe European
Community,
Having regard to Council Regulation (EC) No 2200/96 of
28 October 1996 on the common organisation of themarket in fruit and vegetables (
1), as last amended by
Regulation (EC) No 857/1999 (2), and in particular Article
35(11) thereof,
Whereas Commission Regulation (EC) No 2190/96 (3), as
last amended by Regulation (EC) No 1303/1999 (4), lays
down detailed rules on export refunds on fruit and veget-ables;
Whereas Article 35(1) of Regulation (EC) No 2200/96,
provides that, to the extent necessary for economicallysignificant quantities of the products listed in that Articleto be exported, the difference between the internationalmarket prices for those products and their prices in theCommunity may be covered by export refunds;
Whereas Article 35(4) of Regulation (EC) No 2200/96
provides that refunds must be fixed in the light of theexistingsituation or the outlook for fruit and veg etableprices 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 35(4)(b) of that Regulationand 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 resultingfrom ag reements concluded in accordancewith Article 228 of the Treaty;Whereas, in accordance with Article 35(5) of Regulation
(EC) No 2200/96, prices on the Community market are tobe established in the light of the most favourable pricesfrom the export standpoint; whereas international tradeprices 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, apples and peaches
and nectarines of classes Extra, I and II of the commonquality standards, table grapes of class Extra and I, shelledalmonds, hazelnuts and walnuts in shell can currently beexported in economically significant quantities;
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 as effi-ciently as possible while avoidingdiscrimination betweentraders; whereas, therefore, care should be taken not todisturb the trade flows previously induced by the refundarrangements; whereas, for those reasons and because ofthe seasonal nature of exports of fruit and vegetables,quotas should be fixed for each product;
Whereas Commission Regulation (EEC) No 3846/87 (
5),
as last amended by Regulation (EC) No 1230/1999 (6),
establishes an agricultural product nomenclature forexport refunds;
(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 108, 27.4.1999, p. 7.
(3) OJ L 292, 15.11.1996, p. 12. (5) OJ L 366, 24.12.1987, p. 1.
(4) See page 29 of this Official Journal. (6) OJ L 149, 16.6.1999, p. 3.
EN Official Journal of the European Communities 22. 6. 1999 L 155/31
Whereas Commission Regulation (EEC) No 3719/88 (1),
as last amended by Regulation (EC) No 1127/1999 (2), lays
down common detailed rules for the application of thesystem of import and export licences and advance fixingcertificates for agricultural products;
Whereas, owingto the market situation, in order to make
the most efficient use of the resources available and giventhe structure of Community exports, the most appropriatemethod should be selected for export refunds on certainproducts and certain destinations and consequentlyrefunds under the A1 and A2 licence arrangementsreferred to in Article 1 of Regulation (EC) No 2190/96should not be fixed simultaneously for the export periodin 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 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 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 3719/88shall not count against the eligible quantities covered bythe Annex.
3. Without prejudice to the application of Article 4(5)
of Regulation (EC) No 2190/96, the term of validity of A1licences shall be three months.
Article 2
This Regulation shall enter into force on 24 June 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 21 June 1999.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ L 331, 2.12.1988, p. 1.
(2) OJ L 135, 29.5.1999, p. 48.
EN Official Journal of the European Communities 22. 6. 1999 L 155/32
ProductSystem
Application periods
(full definitions of
eligible products are given
in the ‘Fruit
and vegetables'ProductDestination
orA1
24.6 to 8.9.1999A2
25 to 29.6.1999B
1.7 to 15.9.1999
sector of
Commission Regulation
(EEC) No 3846/87
amended)code destination
group (1)Refund
rate
(EUR/t
net weight)Scheduled
quantity
(t)Indicative
refund
rate
(EUR/t
net weight)Scheduled
quantity
(t)Indicative
refund
rate
(EUR/t
net weight)Scheduled
quantity
(t)ANNEX
EXPORT REFUNDS ON FRUIT AND VEGETABLES
Tomatoes 0702 00 00 9100 A01 20 20 2 344 20 4 687
Shelled almonds 0802 12 90 9000 A01 50 187 50 187
Walnuts in shell 0802 21 00 9000 A01 59 72 59 72
Shelled hazelnuts 0802 22 00 9000 A01 114 636 114 636
Walnuts in shell 0802 31 00 9000 A01 73 22 73 22
Oranges 0805 10 10 9100
0805 10 30 91000805 10 50 9100F01, F02, F05 50 50 653 50 1 305
Lemons 0805 30 10 9100 A01 35 35 4 895 35 4 895
Table grapes 0806 10 10 9100 A01 25 25 7 037 25 14 074
Apples 0808 10 20 91000808 10 50 91000808 10 90 9100 F01 40 40 1 278 40 1 278
0808 10 20 91000808 10 50 91000808 10 90 9100 F02 40 40 1 565 40 1 565
0808 10 20 91000808 10 50 91000808 10 90 9100 F03, F04 54 1 745 54 1 745
Peaches and nectarines 0809 30 10 91000809 30 90 9100 A21 27 27 3 286 27 6 572
(1) The destination codes are defined as follows:
A01: All destinations.
A21: All destinations except Switzerland.F01: Norway, Iceland, Greenland, Faeroes, Poland, Hungary, Romania, Bulgaria, Albania, Estonia, Latvia, Lithuania, Bosnia-Herzegovina, Croati a, Slovenia, Former Yugoslav
Republic of Macedonia, Federal Republic of Yugoslavia (Serbia and Montenegro), Malta.
F02: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, destinat ions referred to in Article 34 of
Commission Regulation (EEC) No 3665/87, as amended.
F03: African countries and territories except South Africa, countries of the Arabian Peninsula (Saudi Arabia, Bahrain, Qatar, Oman, United Arab Emi rates (Abu Dhabi, Dubai,
Sharjah, Ajman, Umm al Qaiwain, Ras al Khaimah, Fujairah), Kuwait, Yemen), Syria, Iran, Jordan, Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador, Colombia.
F04: Hong Kong SAR, Singapore, Malaysia, Indonesia, Tailand, Taiwan, Papa-New Guinea, Laos, Cambodia, Vietnam, Uruguay, Paraguay, Argentina, Mex ico, Costa Rica, and
Japan.
F05: Switzerland, Czech Republic, Slovakia and Japan.