Commission Regulation (EC) No 2776/98 of 21 December 1998 fixing export refunds on fruit and vegetables
Date: 1998-12-21
Institutions: European Commission
Subjects: export licence, export refund, food aid, fruit, vegetable

L 346/44

EN

Official Journal of the European Communities

22. 12. 98

COMMISSION REGULATION (EC) No 2776/98

of 21 December 1998

fixing export refunds on fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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;

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;

Whereas Article 35(1) of Regulation (EC) No 2200/96,
provides that, 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 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, shelled
almonds, hazelnuts and walnuts in shell can currently be
exported 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 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 (5),
as last amended by Regulation (EC) No 2580/98 (6), estab-
lishes an agricultural product nomenclature for export
refunds;

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

Whereas Commission Regulation (EEC) No 3719/88 (7),
as last amended by Regulation (EC) No 1044/98 (8), lays
down common detailed rules for the application of the
system of import and export licences and advance fixing
certificates for agricultural products;

(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.

(5) OJ L 366, 24. 12. 1987, p. 1.
(6) OJ L 322, 1. 12. 1998, p. 31.
(7) OJ L 331, 2. 12. 1988, p. 1.
(8) OJ L 149, 20. 5. 1998, p. 11.

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Official Journal of the European Communities

L 346/45

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
and consequently
products
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 Article 2 of Council Regulation (EEC) No 1103/
97 of 17 June 1997 on certain provisions relating to the
the euro (1) provides that, as from 1
introduction of
January 1999, all references to the ecu in legal instru-
ments are to be replaced by references to the euro at the
rate of EUR 1 to ECU 1; whereas, for the sake of clarity,

the denomination ‘euro' should be used in this Regula-
tion since it is to apply from 8 January 1999;

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 8 January 1999.

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

Done at Brussels, 21 December 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 162, 19. 6. 1997, p. 1.

L 346/46

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Official Journal of the European Communities

22. 12. 98

ANNEX

EXPORT REFUNDS ON FRUIT AND VEGETABLES

System
Application periods

Product
code

Destination
or
destination
group (1)

A1
8. 1 to 9. 3. 1999

A2
11 to 13. 1. 1999

B
15. 1 to 16. 3. 1999

Refund
rate
(EUR/tonnes
net weight)

Scheduled
quantity
(tonnes)

Indicative
refund
rate
(EUR/tonnes
net weight)

Scheduled
quantity
(tonnes)

Indicative
refund
rate
(EUR/tonnes
net weight)

Scheduled
quantity
(tonnes)

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

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

Lemons

Apples

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

0805 30 10 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

F

F

F

F

F

XYC

F

XY

ZD

20

50

59

114

73

50

35

40

54

285

12

1 107

36

3 050

20

2 815

50

35

40

49 635

18 539

8 387

20

50

59

114

50

35

40

54

4 432

237

0

1 428

103 514

17 548

7 370

3 136

(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.