Commission Regulation (EC) No 363/1999 of 18 February 1999 setting export refunds on products processed from fruit and vegetables other than those granted for added sugar
Date: 1999-02-18
Institutions: European Commission
Subjects: export refund, food aid, fruit product, third country, vegetable product

L 45/26

EN

Official Journal of the European Communities

19. 2. 1999

COMMISSION REGULATION (EC) No 363/1999

of 18 February 1999

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
implementing rules
refunds on products
for export
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 significant quantities of
the products
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
existing 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 international trade on the other hand; whereas
account must also be taken of the costs indicated at (b) in
that paragraph and of the economic aspect of the envis-
aged 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
time of provisionally preserved cherries,
the present
peeled tomatoes, preserved cherries, prepared hazelnuts
and some orange juices;

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;

Whereas Commission Regulation (EEC) No 3846/87 (5), as
last amended by Regulation (EC) No 2138/98 (6), estab-
lishes an agricultural product nomenclature for export
refunds;

Whereas Commission Regulation (EEC) No 3719/88 (7), as
lays
last amended by Regulation (EC) No 1044/98 (8),
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. 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 366, 24. 12. 1987, p. 1.
(6) OJ L 270, 7. 10. 1998, p. 4.
(7) OJ L 331, 2. 12. 1988, p. 1.
(8) OJ L 149, 20. 5. 1998, p. 11.

19. 2. 1999

EN

Official Journal of the European Communities

L 45/27

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

HAS ADOPTED THIS REGULATION:

Article 1

The export refund rates in the processed fruit and vegetables sector shall be those

1.
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 Regulation (EEC) No 3719/88 shall not count against the eligible quantities
referred to in the first paragraph.

This Regulation shall enter into force on 22 February 1998.

Article 2

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

Done at Brussels, 18 February 1999.

For the Commission

Franz FISCHLER

Member of the Commission

L 45/28

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Official Journal of the European Communities

19. 2. 1999

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 1999

Period for submission of applications:
from 22 February to 23 June 1999

Refund rate
(EUR/t 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 10(cid:190) Brix, but less
than 22(cid:190) Brix

2009 11 99 9110
2009 19 99 9110

With a sugar content of not
less than 55(cid:190) 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

3 358

50 000

338

405

353

354