Commission Regulation (EC) No 1128/2002 of 27 June 2002 opening an invitation to tender for the allocation of export licences for fruit and vegetables
Date: 2002-06-27
Institutions: European Commission
Subjects: CCT duties, award of contract, citrus fruit, export licence, fruit vegetable, grape, pip fruit, stone fruit

28.6.2002

EN

Official Journal of the European Communities

L 169/19

COMMISSION REGULATION (EC) No 1128/2002

of 27 June 2002

opening an invitation to tender for the allocation of export licences for 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
545/2002 (2), and in particular Article 35(3) thereof,

Whereas:

Commission Regulation (EC) No 1961/2001 (3), as
amended by Regulation (EC) No 636/2002 (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 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.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

Tomatoes, lemons, oranges, table grapes, apples and pea-
ches of classes Extra, I and II of the common quality
standards can currently be exported in economically sig-
nificant quantities.

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 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 (5), as last
amended by Regulation (EC) No 1007/2002 (6), estab-
lishes an agricultural product nomenclature for export
refunds.

Commission Regulation (EC) No 1291/2000 (7), as last
amended by Regulation (EC) No 2299/2001 (8),
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 appropri-
ate method should be selected for export refunds on cer-
tain products and certain destinations and consequently
refunds under the A1, A2 and A3 licence arrangements
referred to in Article 1 of Regulation (EC) No 1961/
2001 laying down detailed rules for implementing Regu-
lation (EC) No 2200/96 as regards export refunds on
fruit and vegetables should not be fixed simultaneously
for the export period in question.

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.

(13)

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.

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 84, 28.3.2002, p. 1.
(3) OJ L 268, 9.10.2001, p. 8.
(4) OJ L 96, 13.4.2002, p. 7.

(5) OJ L 366, 24.12.1987, p. 1.
(6) OJ L 153, 13.6.2002, p. 8.
(7) OJ L 152, 24.6.2000, p. 1.
(8) OJ L 308, 27.11.2001, p. 19.

L 169/20

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Official Journal of the European Communities

28.6.2002

(14)

(15)

It should be specified that Regulation (EC) No 1961/
2001, and in particular Articles 4 and 5 thereof, are to
apply to this invitation to tender.

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

The measures provided for in this Regulation are in ac-
cordance with the opinion of the Management Commit-
tee for Fresh Fruit and Vegetables,

3. Without prejudice to the application of Article 5(6) of
Regulation (EC) No 1961/2001, the term of validity of A3 li-
cences shall be three months.

HAS ADOPTED THIS REGULATION:

Article 1

The tender

1.
the indicative refund
amounts and the scheduled quantities for A3 export licences
for fruit and vegetables shall be as set out in the Annex hereto.

submission period,

Article 2

This Regulation shall enter into force on 28 June 2002.

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

Done at Brussels, 27 June 2002.

For the Commission

Franz FISCHLER

Member of the Commission

28.6.2002

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Official Journal of the European Communities

L 169/21

to Regulation (EC) No 1128/2002 opening an invitation to tender for the allocation of export licences for fruit
and vegetables

ANNEX

Product code

Destination

0702 00 00 9100

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

0806 10 10 9100

0808 10 20 9100
0808 10 50 9100
0808 10 90 9100

0809 30 10 9100
0809 30 90 9100

F08

F00

F00

F04, F09

F03

System A3
Tender submission period:
4 to 5 July 2002

Indicative refund amount
(EUR/t net weight)

Scheduled quantity
(t)

14

26

23

15

27

1 874

615

6 627

2 541

9 708

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 Estonia;
F03 all destinations except Switzerland and Estonia;
F04 Hong Kong SAR, Singapore, Malaysia, Sri Lanka, Indonesia, Thailand, Taiwan, Papua New Guinea, Laos, Cambodia, Vietnam, Japan, Uruguay,

Paraguay, Argentina, Mexico and Costa Rica;

F08 all destinations except Slovakia, Latvia, Lithuania, Bulgaria and Estonia;
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 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.