Commission Regulation (EC) No 2428/2001 of 12 December 2001 fixing export refunds on nuts
Date: 2001-12-12
Institutions: European Commission
Subjects: export refund, nut

13.12.2001

EN

Official Journal of the European Communities

L 328/25

COMMISSION REGULATION (EC) No 2428/2001

of 12 December 2001

fixing export refunds on nuts

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 Commission Regu-
lation (EC) No 911/2001 (2), and in particular Article 35(3)
thereof,

Whereas:

Commission Regulation (EC) No 1961/2001 (3)
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.

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.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

Compared with other fruit and vegetables, nuts are rela-
tively easy to store. Export refunds can accordingly be
fixed for longer periods with a view to rational manage-
ment of the arrangements.

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

Commission Regulation (EC) No 1291/2000 (6)
lays
down common detailed rules for the application of the
system of import and export licences and advance fixing
certificates for agricultural products.

(13) 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, A 2 and A 3 licence
arrangements referred to in Article 1 of Regulation (EC)
No 1961/2001 should not be fixed simultaneously for
the export period in question.

(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.

Shelled almonds, hazelnuts and walnuts in shell can
currently be exported in economically significant quan-
tities.

(15)

The measures provided for in this Regulation are in
accordance with the Management Committee for Fresh
Fruit and Vegetables,

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 129, 11.5.2001, p. 3.
(3) OJ L 268, 9.10.2001, p. 8.

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

L 328/26

EN

Official Journal of the European Communities

13.12.2001

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on nuts shall be as set out in the

1.
Annex hereto.

2.
Quantities covered by licences issued for food aid as
referred to in Article 16 of Regulation (EC) No 1291/2000

shall not count against the eligible quantities covered by the
Annex.

3. Without prejudice to the application of Article 5(6) of
Regulation (EC) No 1961/2001, the term of validity of A 1
licences shall be three months.

This Regulation shall enter into force on 8 January 2002.

Article 2

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

Done at Brussels, 12 December 2001.

For the Commission

Franz FISCHLER

Member of the Commission

13.12.2001

EN

Official Journal of the European Communities

L 328/27

to Commission Regulation of 12 December 2001 fixing the export refunds on nuts

ANNEX

Product code

Destination

0802 12 90 9000

0802 21 00 9000

0802 22 00 9000

0802 31 00 9000

A00

A00

A00

A00

System
Application periods

A1
8.1 to 21.6.2002

Refund amount
(EUR/t
net weight)

45

53

103

66

Scheduled
quantity
(t)

1 752

62

3 764

37

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 2020/2001 (OJ L 273, 16.10.2001, p. 6).