Commission Regulation (EC) No 2259/2002 of 18 December 2002 opening an invitation to tender for the allocation of export licences for fruit and vegetables
Date: 2002-12-18
Institutions: European Commission
Subjects: award of contract, citrus fruit, export, export licence, export refund, fruit vegetable, pip fruit

19.12.2002

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 2259/2002

of 18 December 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
881/2002 (2), and in particular Article 35(3) thereof,

Whereas:

Commission Regulation (EC) No 1961/2001 (3), as last
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.

Under 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.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

Tomatoes, oranges, lemons and apples of classes Extra, I
and II of the common quality standards can currently be
exported in economically significant quantities.

Application of the above rules to the present and fore-
cast market situation, and in particular to fruit and vege-
table prices in the Community and international trade,
gives the refund rates set out in the Annex hereto.

Under 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 1007/2002 (6), estab-
lishes an agricultural product nomenclature for export
refunds.

Commission Regulation (EC) No 1291/2000 (7), as
amended last 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 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
given 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 285, 23.10.2002, p. 13.
(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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Official Journal of the European Communities

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(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
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 Vegeta-
bles has not delivered an opinion within the time limit
set by its chairman,

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.

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 6 January 2003.

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

Done at Brussels, 18 December 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

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to Regulation (EC) No 2259/2002 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

0805 50 10 9100

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

F08

F00

F00

F04, F09

System A3
Tender submission period 6 to 7.1.2003

Indicative refund amount
(EUR/t net weight)

Scheduled quantity
(t)

20

23

22

12

1 907

43 768

12 243

4 520

N.B. 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 Monte-
negro), 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 (OJ L 102, 17.4.1999, p. 11), 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.