Commission Regulation (EC) No 1540/2002 of 29 August 2002 opening an invitation to tender for the allocation of export licences for fruit and vegetables
Date: 2002-08-29
Institutions: European Commission
Subjects: award of contract, citrus fruit, export, export licence, export refund, fruit vegetable, grape, pip fruit

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 1540/2002

of 29 August 2002

opening an invitation to tender for the allocation of export licences for fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

can currently be exported in economically significant
quantities.

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 1176/2002 (4),
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
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)

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
avoiding discrimination between
as possible while
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 1007/2002 (6), estab-
lishes an agricultural product nomenclature for export
refunds.

Commission Regulation (EC) No 1291/2000 (7), as
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 appro-
priate method should be selected for export refunds on
certain products and certain destinations and conse-
quently 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 imple-
menting Council Regulation (EC) No 2200/96 as regards
export refunds on fruit and vegetables should not be
fixed simultaneously for the export period in question.

(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.

Tomatoes, oranges, lemons, table grapes and apples of
classes Extra, I and II of the common quality standards

(14)

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

(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 170, 29.6.2002, p. 69.

(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.

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(15)

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

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.

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,

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

Article 2

This Regulation shall enter into force on 10 September 2002.

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

Done at Brussels, 29 August 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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to Commission Regulation (EC) No 1540/2002 opening an invitation to tender for the allocation of export
licences for fruit and vegetables

ANNEX

Product

Product code

Destination

Tomatoes

Oranges

0702 00 00 9100

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

Lemons

0805 50 10 9100

Table grapes

0806 10 10 9100

F08

F00

F00

F00

Apples

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

F04, F09

System A3
Tender submission period:
10 to 11.9.2002

Indicative refund amount
(EUR/t net weight)

Scheduled quantity
(t)

17

28

15

12

15

2 158

5 378

3 995

10 094

5 891

NB: Full definitions of products, 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 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.