Commission Regulation (EC) No 397/2001 of 27 February 2001 fixing export refunds on fruit and vegetables
Date: 2001-02-27
Institutions: European Commission
Subjects: citrus fruit, export refund, fruit vegetable, nut, pip fruit

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Official Journal of the European Communities

28.2.2001

COMMISSION REGULATION (EC) No 397/2001

of 27 February 2001

fixing export refunds on fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 market in
fruit and vegetables (1), as last amended by Regulation (EC) No
2826/2000 (2), and in particular Article 35(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Commission Regulation (EC) No 2190/96 (3), as last
amended by Regulation (EC) No 298/2000 (4),
lays
down detailed rules on export refunds on fruit and
vegetables.

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,
international
market prices for those products and their prices in the
Community may be covered by export refunds.

the difference between the

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. 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.

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 300 of the Treaty.

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. International trade prices
are to be established in the light of the prices referred to
in the second subparagraph of that paragraph.

(6)

(7)

(8)

(9)

(10)

(11)

The international trade situation or the special require-
ments of certain markets may call for the refund on a
given product to vary according to its destination.

Tomatoes, lemons, oranges, apples, peaches and nectar-
ines of classes Extra, I and II of the common quality
standards, table grapes of classes Extra and I of the
common quality standard, shelled almonds, hazelnuts
and walnuts in shell can currently be exported in
economically significant quantities.

The application of
the abovementioned rules to the
present and forecast market situation, and in particular
to fruit and vegetable prices in the Community and
international trade, gives the refund rates set out in the
Annex hereto.

Pursuant to Article 35(2) of Regulation (EC) No 2200/
96, the resources available should be used as efficiently
as possible while avoiding discrimination between
traders. Therefore, care should be taken not to disturb
the trade flows previously induced by the refund
arrangements. For those reasons and because of
the
seasonal nature of exports of fruit and vegetables, quotas
should be fixed for each product.

Commission Regulation (EEC) No 3846/87 (5), as last
amended by Regulation (EC) No 2849/2000 (6), estab-
lishes an agricultural product nomenclature for export
refunds.

Commission Regulation (EEC) No 1291/2000 (7),
lays
down common detailed rules for the application of the
system of import and export licences and advance fixing
certificates for agricultural products.

(12) 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 appro-
priate method should be selected for export refunds on
certain products and certain destinations and conse-
quently refunds under the A 1 and A 2 licence arrange-
ments referred to in Article 1 of Regulation (EC) No
2190/96 should not be fixed simultaneously for the
export period in question.

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 328, 23.12.2000, p. 2.
(3) OJ L 292, 15.11.1996, p. 12.
(4) OJ L 34, 9.2.2000, p. 16.

(5) OJ L 366, 24.12.1987, p. 1.
(6) OJ L 335, 30.12.2000, p. 1.
(7) OJ L 152, 24.6.2000, p. 1.

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(13)

(14)

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.

Quantities covered by licences issued for food aid as
2.
referred to in Article 16 of Regulation (EC) No 1291/2000
shall not count against the eligible quantities covered by the
Annex.

The Management Committee for fresh Fruit and Veget-
ables has not delivered an opinion within the time limit
set by its chairman,

3. Without prejudice to the application of Article 4(5) of
Regulation (EC) No 2190/96, the term of validity of A 1 and
A 2 licences shall be two months.

HAS ADOPTED THIS REGULATION:

Article 1

Article 2

The export refunds on fruit and vegetables shall be as set

1.
out in the Annex hereto.

This Regulation shall enter into force on 10 March 2001.

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

Done at Brussels, 27 February 2001.

For the Commission

Franz FISCHLER

Member of the Commission

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to Commission Regulation of 27 February 2001 fixing the export refunds on fruit and vegetables

ANNEX

Product code

Destination

A 1
10.3 to 6.5.2001

System
Application periods

A 2
12 to 13.3.2001

B
17.3 to 13.5.2001

Refund amount
(EUR/t
net weight)

Scheduled
quantity
(t)

Indicative
refund amount
(EUR/t
net weight)

Scheduled
quantity
(t)

Indicative
refund amount
(EUR/t
net weight)

Scheduled
quantity
(t)

357

636

18

45

103

45

35

25

18

5 786

45

35

25

24 509

14 931

5 440

18

45

103

45

35

25

11 830

342

1 938

42 495

13 869

4 404

0702 00 00 9100

0802 12 90 9000

0802 22 00 9000

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

F08

A00

A00

A00

A00

F09

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as

amended.
The numeric destination codes are set out in Commission Regulation (EC) No 2032/2000 (OJ L 243, 28.9.2000, p. 14).

The other destinations are defined as follows:
F08 All destinations except Slovakia, Latvia, Lithuania and Bulgaria.
F09 Norway, Iceland, Greenland, Faeroe Islands, Poland, Hungary, Romania, Albania, Bosnia and Herzegovina, Croatia, Slovenia, Former Yugoslav
Republic of Macedonia, Federal Republic of Yugoslavia (Serbia and Montenegro), Malta, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan,
Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, destinations referred to in Article 36 of Commission Regulation
(EC) No 800/1999, 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 Qalwain, Ras al Khaimah, Fujairah), Kuwait, Yemen), Syria, Iran,
Jordan, Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador and Colombia.