Commission Regulation (EC) No 1109/2002 of 26 June 2002 fixing export refunds on nuts
Date: 2002-06-26
Institutions: European Commission
Subjects: common organisation of markets, export refund, nut

27.6.2002

EN

Official Journal of the European Communities

L 168/5

COMMISSION REGULATION (EC) No 1109/2002

of 26 June 2002

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 Regula-
tion (EC) No 911/2001 (2), and in particular Article 35(3) there-
of,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Commission Regulation (EC) No 1961/2001 (3)
lays
down detailed rules on export refunds on fruit and vege-
tables.

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 ex-
ported, the difference between the international market
prices for those products and their prices in the Commu-
nity may be covered by export refunds.

Article 35(4) of Regulation (EC) No 2200/96 provides
that refunds must be fixed in the light of the existing si-
tuation 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 re-
ferred 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 re-
sulting 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 es-
tablished 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 gi-
ven product to vary according to its destination.

Shelled almonds, hazelnuts and walnuts in shell can cur-
rently be exported in economically significant quantities.

(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 pre-
sent and forecast market situation, and in particular to
fruit and vegetable prices in the Community and interna-
tional 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 tra-
ders. Therefore, care should be taken not to disturb the
trade flows previously induced by the refund arrange-
ments. 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 1007/2002 (5), estab-
lishes an agricultural product nomenclature for export
refunds.

Commission Regulation (EC) No 1291/2000 (6), as
amended by Regulation (EC) No 2299/2001 (7),
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 appropri-
ate method should be selected for export refunds on cer-
tain products and certain destinations and consequently
refunds under the A 1, A 2 and A 3 licence arrange-
ments 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.

(15)

The measures provided for in this Regulation are in ac-
cordance 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 153, 13.6.2002, p. 8.
(6) OJ L 152, 24.6.2000, p. 1.
(7) OJ L 308, 27.11.2001, p. 19.

L 168/6

EN

Official Journal of the European Communities

27.6.2002

HAS ADOPTED THIS REGULATION:

Article 1

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

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

1.
nex hereto.

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

Article 2

This Regulation shall enter into force on 27 June 2002.

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

Done at Brussels, 26 June 2002.

For the Commission

Franz FISCHLER

Member of the Commission

27.6.2002

EN

Official Journal of the European Communities

L 168/7

to Commission Regulation of 26 June 2002 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

F00

F00

F00

F00

System
Application periods

A1
27.6.2002 to 7.1.2003

Refund amount
(EUR/t
net weight)

45

53

103

66

Scheduled
quantity
(t)

1 426

569

3 929

588

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).

The other destinations are defined as follows:
F00: All destinations except for Estonia.