Commission Regulation (EC) No 2379/98 of 3 November 1998 fixing export refunds on fruit and vegetables
Date: 1998-11-03
Institutions: European Commission
Subjects: export licence, export refund, food aid, fruit, third country, vegetable

4. 11. 98

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 2379/98

of 3 November 1998

fixing export refunds on fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

prices are to be established in the light of the prices
referred to in the second subparagraph of that paragraph;

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
particular Article 35(11) thereof,

in fruit

as

Whereas Commission Regulation (EC) No 2190/96 (3), as
last amended by Regulation (EC) No 1287/98 (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 35(4)(b) of that Regulation
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 accordance
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

(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 178, 23. 6. 1998, p. 11.

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;

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
961/98 (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 effi-
ciently 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, for those reasons and because of
the seasonal nature of exports of fruit and vegetables,
quotas should be fixed for each product;

Whereas Commission Regulation (EEC) No 3846/87 (9),
as last amended by Regulation (EC) No 2138/98 (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 135, 8. 5. 1998, p. 5.
(9) OJ L 366, 24. 12. 1987, p. 1.
(10) OJ L 270, 7. 10. 1998, p. 4.

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4. 11. 98

Whereas Commission Regulation (EEC) No 3719/88 (1),
as last amended by Regulation (EC) No 1044/98 (2), lays
down common detailed rules for the application of the
system of import and export licences and advance fixing
certificates for agricultural products;

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 appropriate
method should be selected for export refunds on certain
products
and consequently
refunds under
the A1 and A2 licence arrangements
referred to in Article 1 of Regulation (EC) No 2190/96
should not be fixed simultaneously for the export period
in question;

and certain destinations

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 Fruit and Vegetables,

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 9 November
1998.

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

Done at Brussels, 3 November 1998.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ L 331, 2. 12. 1988, p. 1.
(2) OJ L 149, 20. 5. 1998, p. 11.

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ANNEX

EXPORT REFUNDS ON FRUIT AND VEGETABLES

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

Product
code

Destination
or
destination
group (1)

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

Oranges

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

Lemons

0805 30 10 9100

Table grapes

0806 10 10 9100

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

(1) The destination codes are defined as follows:

F

F

F

F

F

XYC

F

F

XY

ZD

System
Application periods

A1
9. 11. 1998 to 7. 1. 1999

A2
10 to 12. 11. 1998

B
16. 11. 1998 to 14. 1. 1999

Refund
rate
(ECU/tonnes
net weight)

Scheduled
quantity
(tonnes)

Indicative
refund
rate
(ECU/tonnes
net weight)

Scheduled
quantity
(tonnes)

Indicative
refund
rate
(ECU/tonnes
net weight)

20

50

59

114

73

35

20

25

25

54

330

69

1 551

191

7 724

20

1 941

35

20

25

25

56 954

16 991

4 072

7 494

20

50

59

114

73

35

20

25

25

54

Scheduled
quantity
(tonnes)

4 416

364

130

1 866

208

113 742

16 819

6 406

6 533

5 738

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.