Commission Regulation (EC) No 265/2004 of 16 February 2004 fixing the A1 and B export refunds for fruit and vegetables (tomatoes, oranges, lemons and apples)
Date: 2004-02-16
Institutions: European Commission
Subjects: citrus fruit, export refund, fruit vegetable, pip fruit

17.2.2004

EN

Official Journal of the European Union

L 46/15

COMMISSION REGULATION (EC) No 265/2004

of 16 February 2004

fixing the A1 and B export refunds for fruit and vegetables (tomatoes, oranges, lemons and apples)

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), and in particular the third subparagraph
of Article 35(3),

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 1961/2001 (2)
lays
down the detailed rules of application for export refunds
on fruit and vegetables.

Article 35(1) of Regulation (EC) No 2200/96 provides
that, to the extent necessary for economically significant
exports, the products exported by the Community may
be covered by export refunds, within the limits resulting
from agreements concluded in accordance with Article
300 of the Treaty.

Under Article 35(2) of Regulation (EC) No 2200/96, care
must be taken to ensure that the trade flows previously
brought about by the refund scheme are not disrupted.
For this reason and because exports of fruit and vegeta-
bles are seasonal in nature, the quantities scheduled for
each product should be fixed, based on the agricultural
product nomenclature for export refunds established by
Commission Regulation (EEC) No 3846/87 (3). These
quantities must be allocated taking account of
the
perishability of the products concerned.

Article 35(4) of Regulation (EC) No 2200/96 provides
that refunds must be fixed in the light of the existing
situation or 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 transport
and marketing costs and of the economic aspect of the
exports planned.

(5)

(6)

(7)

(8)

(9)

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.

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.

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

In order to ensure the best use of available resources and
it is
in view of the structure of Community exports,
appropriate to fix the A1 and B export refunds.

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
For system A1, the refund rates, the refund application
period and the scheduled quantities for the products concerned
are fixed in the Annex hereto.

For system B, the indicative refund rates, the licence application
period and the scheduled quantities for the products concerned
are fixed in the Annex hereto.

2.
The licences issued in respect of food aid as referred to in
Article 16 of Commission Regulation (EC) No 1291/2000 (4)
shall not count against the eligible quantities in the Annex
hereto.

(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p.
64).

(2) OJ L 268, 9.10.2001, p. 8. Regulation as last amended by Regu-

lation (EC) No 1176/2002 (OJ L 170, 29.6.2002, p. 69).

(3) OJ L 366, 24.12.1987, p. 1. Regulation as last amended by Regu-

lation (EC) No 118/2003 (OJ L 20, 24.1.2003, p. 3).

Article 2

This Regulation shall enter into force on 9 March 2004.

(4) OJ L 152, 24.6.2000, p. 1.

L 46/16

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Official Journal of the European Union

17.2.2004

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

Done at Brussels, 16 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission

17.2.2004

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Official Journal of the European Union

L 46/17

to the Commission Regulation of 16 February 2004 fixing the export refunds on fruit and vegetables (tomatoes,
oranges, lemons and apples)

ANNEX

Product code (1)

Destination (2)

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

F09

System A1
Refund application period 9.3.2004 to 23.4.2004

System B
Licence application period 16.3.2004 to 30.4.2004

Refund amount
(EUR/t net weight)

Scheduled quantiy
(t)

Indicative refund amount
(EUR/t net weight)

Scheduled quantity
(t)

25

20

31

23

25

20

31

23

9 263

50 343

26 675

11 208

(1) The product codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).
(2) The ‘A’ series destination codes are set out in Annex II to Regulation (EEC) No 3846/87.

The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).
The other destinations are defined as follows:
F00: All destinations except Estonia.
F03: All destinations except Switzerland and Estonia.
F04: Sri Lanka, Hong Kong SAR, Singapore, Malaysia, Indonesia, Thailand, Taiwan, Papua-New Guinea, Laos, Cambodia, Vietnam, Uruguay, Paraguay, Argentina,

Mexico, Costa Rica and Japan.

F08: All destinations except Slovakia, Latvia, Lithuania, Bulgaria and Estonia.
F09: The following destinations:

— Norway, Iceland, Greenland, Faeroe Islands, Poland, Hungary, Romania, Albania, Bosnia and Herzegovina, Croatia, Slovenia, Former Yugoslav Republic of
Macedonia, Serbia and Montenegro, Malta, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbeki-
stan, Ukraine, Saudi Arabia, Bahrain, Qatar, Oman, United Arab Emirates (Abu Dhabi, Dubai, Shardjah, Ajman, Umm al Qalwain, Ras al Khaimah, Fujairah),
Kuwait, Yemen, Syria, Iran, Jordan, Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador and Colombia;

— African countries and territories except for South Africa;
— destinations referred to in Article 36 of Commission Regulation (EC) No 800/1999 (OJ L 102, 17.4.1999, p. 11).