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
Date: 1998-02-19
Institutions: European Commission
Subjects: export licence, export refund, fruit juice, fruit product, fruit vegetable, stone fruit

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Official Journal of the European Communities

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,

limits resulting from agreements concluded in accordance
with Article 228 of the Treaty;

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2201/96 of
28 October 1996 on the common organization of the
market 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
refunds on products
for export
implementing rules
processed from fruit and vegetables;

Whereas Article 16 (1) of Regulation (EC) No 2201/96
states that, to the extent necessary to permit exports in
economically
the products
significant quantities of
referred to in Article 1 (1) (a) of that Regulation, on the
basis of prices for those products in international trade,
the difference between those prices and prices in the
Community may be covered by export refunds; whereas
Article 18 (4) of Regulation (EC) No 2201/96 provides
that, if the refund on sugar incorporated into the products
listed in Article 1 (1) is insufficient to allow export of the
products, the refund fixed in accordance with Article 17 is
to 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 processed
from fruit and vegetables on the Community market and
supply availability, on the one hand, and prices in inter-
national trade on the other hand; whereas account must
also be taken of the costs indicated at (b) in that para-
graph and of
the envisaged
the economic aspect of
exports;

Whereas refunds are, pursuant to Article 16 (1) of Regula-
tion (EC) No 2201/96, to be set with due regard to the

Whereas Article 17 (3) of Regulation (EC) No 2201/96
states that prices on the Community market are to be
determined taking account of those most favourable from
the exportation standpoint; whereas international
trade
prices are to be determined account taken of the prices
indicated in the second subparagraph of that paragraph;

Whereas the international trade situation or the special
requirements of certain markets may make it necessary to
vary the refund on a given product depending on the
destination of that product;

Whereas economically significant exports can be made at
the present
time of provisionally preserved cherries,
peeled tomatoes, preserved cherries, prepared hazelnuts
and 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 are
the basis for determining the agricultural conversion rates
of the Member States’ currencies; whereas rules for deter-
mining and applying these conversion rates were set by
Commission 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 to
prices of products processed from fruit and vegetables in
the Community and in international trade, leads to the
refund 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 made
of the resources available without creating discrimination
between traders; whereas, therefore, care should be taken
not to disturb the trade flows previously induced by the
refund 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.

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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 export
refunds;

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 the
system of import and export licences and advance fixing
certificates for agricultural products;

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-
the
lation (EEC) No 3719/88 shall not count against
eligible quantities referred to in the first paragraph.

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Fruit and Vegetables,

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.

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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
code

Destination
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

Peeled tomatoes

Preserved cherries

Prepared hazelnuts

2002 10 10 9100

2006 00 31 9000
2006 00 99 9100

2008 19 19 9100
2008 19 99 9100

Orange
juice

With a sugar content of not
less than 10H Brix, but less
than 22H Brix

2009 11 99 9110
2009 19 99 9110

With a sugar content of not
less than 55H Brix

2009 11 99 9150
2009 19 99 9150

(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.

A

B

A

C

C

C

55

50

170

66

6

32

3 694

44 375

372

445

389

390