Commission Regulation (EC) No 765/2004 of 23 April 2004 setting the export refunds for nuts (shelled almonds, hazelnuts in shell, shelled hazelnuts and walnuts in shell) using system A1
Date: 2004-04-23
Institutions: European Commission
Subjects: export licence, export refund, nut

L 120/18

EN

Official Journal of the European Union

24.4.2004

COMMISSION REGULATION (EC) No 765/2004

of 23 April 2004

setting the export refunds for nuts (shelled almonds, hazelnuts in shell, shelled hazelnuts and
walnuts in shell) using system A1

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) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Commission Regulation (EC) No 1961/2001 (2), sets
detailed rules covering export refunds on fruit and vege-
tables.

Under Article 35(1) of Regulation (EC) No 2200/96
refunds can be granted on products exported by the
Community, to the extent necessary to enable economic-
ally significant quantities to be exported and within the
limits ensuing from agreements concluded in line with
Article 300 of the Treaty.

In line with Article 35(2) of Regulation (EC) No 2200/
trade flows
96 care should be taken to ensure that
already engendered by the granting of refunds are not
disturbed. For that reason and given the seasonal nature
of fruit and vegetable exports quantities should be set
product by product using the agricultural product
nomenclature for export refunds established by Commis-
sion Regulation (EEC) No 3846/87 (3). In setting quanti-
ties account must be taken of perishability.

Article 35(4) of Regulation (EC) No 2200/96 stipulates
that when refunds are set account is to be taken of the
existing situation and outlook for prices and availability
of fruit and vegetables on the Community market and
for international trade prices, of marketing and transport
costs and of the economic aspects of the exportation
envisaged.

Article 35(5) of Regulation (EC) No 2200/96 requires
Community market prices to be determined using the
prices that are most favourable from the point of view
of exportation.

(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).

(6)

(7)

(8)

(9)

The international trade situation or specific requirements
of certain markets may necessitate differentiation of the
refund on a given product by destination.

Economically significant exports can at present be made
of shelled almonds, hazelnuts and walnuts in shell.

Since nuts have a relatively long storage life export
refunds can be set at longer intervals.

In order to permit the best possible use of available
resources the export refunds should, given the structure
of exportation from the Community, be set using system
A1.

(10)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

Export refund rates for nuts,

1.
the period for lodging
licence applications and the quantities permitted are stipulated
in the Annex hereto.

2.
Licences for food aid purposes issued as indicated in
Article 16 of Commission Regulation (EC) No 1291/2000 (4)
shall not be counted against the quantities indicated in the
Annex hereto.

3. Without prejudice to Article 5(6) of Regulation (EC) No
1961/2001,
the type A1 licences shall be valid for three
months.

Article 2

This Regulation shall enter into force on 1 May 2004.

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

(4) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

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

lation (EC) No 636/2004 (OJ L 100, 6.4.2004, p. 25).

24.4.2004

EN

Official Journal of the European Union

L 120/19

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

Done at Brussels, 23 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

to the Commission Regulation of 23 April 2004 setting the export refunds for nuts (system A1)

Period for lodging licence applications: from 1 May 2004 to 23 June 2004.

Produce code (1)

Destination (2)

Rate of refund
(EUR/t net)

Permitted quantities
(t)

0802 12 90 9000

0802 21 00 9000

0802 22 00 9000

0802 31 00 9000

A00

A00

A00

A00

45

53

103

66

696

205

3 181

299

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

The numerical destination codes are defined in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).