Commission Regulation (EC) No 1287/98 of 22 June 1998 amending Regulation (EC) No 2190/96 as regards certain provisions of the export refund arrangements for fruit and vegetables
Date: 1998-06-22
Institutions: European Commission
Subjects: export licence, export refund, fruit, vegetable

23. 6. 98

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Official Journal of the European Communities

L 178/11

COMMISSION REGULATION (EC) No 1287/98

of 22 June 1998

amending Regulation (EC) No 2190/96 as regards certain provisions of the export
refund arrangements for fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

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 organisation of the
amended by
and vegetables (1),
market
Commission Regulation (EC) No 2520/97 (2), and in par-
ticular Article 35(11) thereof,

in fruit

as

Whereas Commission Regulation (EC) No 2190/96 (3), as
last amended by Regulation (EC) No 213/98 (4), lays down
detailed rules for the application of Council Regulation
(EEC) No 1035/72 (5), as last amended by Commission
Regulation (EC) No 1363/95 (6), as regards the export
refund arrangements for fruit and vegetables;

Whereas those detailed rules also apply within the frame-
work of Regulation (EC) No 2200/96, and whereas they
should be amended to improve them;

Whereas Regulation (EEC) No 1035/72 has been repealed
and replaced by Regulation (EC) No 2200/96 and
whereas, as a result, references to Regulation (EEC) No
1035/72 should be changed to corresponding references
to Regulation (EC) No 2200/96;

Whereas, for simplification purposes, a standard security
fixed in advance should be provided for systems A1 and
A2;

Whereas, to guarantee the effectiveness of the arrange-
ments, the time limit for forwarding to the Commission
the notification by the Member States of applications for
A2 licences should be reduced;

Whereas the combined nomenclature codes should be
updated in line with those listed in Commission Regula-
tion (EC) No 2086/97 of 4 November 1997 amending
Annex I to Council Regulation (EEC) No 2658/87 on the
tariff and statistical nomenclature and on the Common
Customs Tariff (7), as amended by Regulation (EC) No
1148/98 (8);

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

(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 22, 29. 1. 1998, p. 8.
(5) OJ L 118, 20. 5. 1972, p. 1.
(6) OJ L 132, 16. 6. 1995, p. 8.
(7) OJ L 312, 14. 11. 1997, p. 1.
(8) OJ L 159, 3. 6. 1998, p. 38.

Article 1

Regulation (EC) No 2190/96 is hereby amended as
follows:

1. In the title, the reference to ‘Council Regulation (EEC)
No 1035/72’ is replaced by ‘Council Regulation (EC)
No 2200/96’.

2. In Article 1:

(a) In paragraph 1,

Regulation (EEC) No 1035/72’
‘Article 35 of Regulation (EC) No 2200/96’.

the reference to ‘Article 26 of
replaced by

is

(b) In paragraph 3,

Regulation (EEC) No 1035/72’
‘Article 46 of Regulation (EC) No 2200/96’.

the reference to ‘Article 33 of
replaced by

is

3. In Article 2(1), the second subparagraph is deleted.

4. In Article 3:

(a) In paragraph 1, the third subparagraph is deleted.

(b) In paragraph 3, the phrase ‘third working day’ is

replaced by ‘second working day’.

5. In Article 4, the following paragraph 2a is added:

‘2a.
Licence applications shall be accompanied by
the lodging of a security which shall be ECU 10 per
tonne net or the refund rate, whichever is the lesser.
To apply this provision, the refund rate to be taken
into consideration for the A2 system shall be the in-
dicative refund rate.’

6. In Article 6(2), the third subparagraph is replaced by

the following:

‘Category, within the meaning of the second subpara-
graph of Article 13a of Regulation (EEC) No 3719/88,
shall mean the following classes of products:

— tomatoes falling within CN code 0702 00 00,

— shelled almonds falling within CN code 0802 12,

L 178/12

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Official Journal of the European Communities

23. 6. 98

— hazelnuts falling within CN codes 0802 21 and

0802 22,

— walnuts in shell falling within CN code 0802 31,
— oranges falling within CN code 0805 10,
— clementines falling within CN code 0805 20 10,
— monreales and satsumas falling within CN code

0805 20 30,

— mandarins and wilkings falling within CN code

0805 20 50,

— tangerines falling within CN code 0805 20 70,
— other similar citrus hybrids falling within CN code

— lemons falling within CN code 0805 30 10,
— limes falling within CN code 0805 30 90,
— table grapes falling within CN code 0806 10 10,
— apples falling within CN code 0808 10,
— peaches and nectarines falling within CN code

0809 30.’

Article 2

This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities.

0805 20 90,

It shall apply from 24 June 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 22 June 1998.

For the Commission

Franz FISCHLER

Member of the Commission