COMMISSION REGULATION (EC) No 8/98 of 6 January 1998 fixing export refunds on fruit and vegetables
Date: 1998-01-06
Institutions: European Commission
Subjects: export licence, export refund, food aid, fruit, third country, vegetable

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COMMISSION REGULATION (EC) No 8/98

of 6 January 1998

fixing export refunds on fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas the international trade situation or the special
requirements of certain markets may call for the refund
on a given product to vary according to its destination;

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 the
market
and vegetables (1),
amended by
Commission Regulation (EC) No 2520/97 (2), and in
particular Article 35 (11) thereof,

in fruit

as

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;

that,

Whereas Article 35 (1) of Council Regulation (EC) No
2200/96, provides
to the extent necessary for
economically significant quantities of the products listed
in that Article to be exported, the difference between the
international market prices for those products and their
prices in the Community 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 the
existing situation or the outlook for fruit and vegetable
prices on the Community market and supplies available
on the one hand, and prices on the international market
on the other hand; whereas account must also be taken of
the 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 the
limits 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 are
to be established in the light of the most favourable
prices from the export standpoint; whereas international
trade prices are to be established in the light of the prices
referred to in the second subparagraph of that paragraph;

(1) OJ L 297, 21. 11. 1996, p. 1.
(2) OJ L 346, 17. 12. 1997, p. 41.
(3) OJ L 292, 15. 11. 1996, p. 12.
(4) OJ L 93, 8. 4. 1997, p. 16.

Whereas tomatoes, lemons, oranges and apples of classes
Extra, I and II of the common quality standards, table
grapes of classes Extra and I, shelled almonds, hazelnuts
and walnuts
in shell can currently be exported in
economically 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 and
international trade, gives the refund rates set out in the
Annex hereto;

Whereas, pursuant to Article 35 (2) of Regulation (EC)
No 2200/96, the resources available should be used as
efficiently as possible while avoiding discrimination
between traders; whereas, therefore, care should be taken
not to disturb the trade flows previously induced by the
refund arrangements; whereas,
those reasons and
because of the seasonal nature of exports of fruit and
vegetables, quotas should be fixed for each product;

for

Whereas Commission Regulation (EEC) No 3846/87 (9),
as last amended by Regulation (EC) No 2541/97 (10),
establishes an agricultural product nomenclature for
export refunds;

(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.
(9) OJ L 366, 24. 12. 1987, p. 1.
(10) OJ L 347, 18. 12. 1997, p. 14.

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last
Whereas Regulation (EEC) No 3719/88 (1),
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 and
advance fixing certificates for agricultural products;

as

Whereas, owing to the market situation, in order to make
the most efficient use of the resources available and given
the structure of Community exports, the most appro-
priate method should be selected for export refunds on
certain products and certain destinations and conse-
quently refunds under the A1 and A2 licence arrange-
ments referred to in Article 1 of Regulation (EC) No
2190/96 should not be fixed simultaneously for
the
export period in question;

Whereas the quantities laid down for the various products
should be distributed in accordance with the different
systems for the grant of the refund, taking account in
particular of their perishability;

Whereas account should be taken of the definitive rates
under the A2 system fixed for the preceding licence
application period;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Products Processed from Fruit and Veget-
ables,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on fruit and vegetables shall be

1.
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 covered
by paragraph 1.

3. Without prejudice to the application of Article 4 (5)
of Regulation (EC) No 2190/96, the term of validity of
A1 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.

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ANNEX

EXPORT REFUNDS ON FRUIT AND VEGETABLES

Product
(Full definitions of
eligible products are given
in the ‘Fruit
and vegetables'
section of
Commission Regulation
(EEC) No 3846/87
amended)

Product
code

A1
applications from
13. 1 to 10. 3. 1998

A2
applications from
14. 1 to 16. 1. 1998

B
applications from
20. 1 to 17. 3. 1998

Destination
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)

Tomatoes

0702 00 00 9100

Shelled almonds

0802 12 90 9000

Hazelnuts in shell

0802 21 00 9000

Shelled hazelnuts

0802 22 00 9000

Walnuts in shell

0802 31 00 9000

F

F

F

F

F

Oranges

Lemons

0805 10 10 9100
0805 10 30 9100
0805 10 50 9100

XYC

0805 30 10 9100
0805 30 30 9100

F

Table grapes

0806 10 10 9100

F

Apples

0808 10 20 9100
0808 10 50 9100
0808 10 90 9100
0808 10 20 9100
0808 10 50 9100
0808 10 90 9100
0808 10 20 9100
0808 10 50 9100
0808 10 90 9100

X

Y

ZD

F

15

2 191

F

F

15

50

2 376

57

15

50

59

205

10

114

581

F

114

305

73

40

15

18

27

7

54

6

1 475

XYC

40

50 284

XYC

40

94 605

F

F

X

Y

15

18 801

F

15

16 931

18

27

7

225

2 706

4 553

X

Y

27

7

3 146

4 401

Peaches and nectarines

0809 30 10 9100
0809 30 90 9100

E

35

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(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, destinations 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 Emirates (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, Mexico, Costa Rica.

E: All destinations except Switzerland.

F: All destinations.