Commission Regulation (EC) No 767/2004 of 23 April 2004 setting export refunds in the processed fruit and vegetable sector other than those granted on added sugar (provisionally preserved cherries, peeled tomatoes, sugar-preserved cherries, prepared hazelnuts, certain orange juices)
Date: 2004-04-23
Institutions: European Commission
Subjects: export refund, fruit juice, fruit product, fruit vegetable, nut, stone fruit

24.4.2004

EN

Official Journal of the European Union

L 120/23

COMMISSION REGULATION (EC) No 767/2004

of 23 April 2004

setting export refunds in the processed fruit and vegetable sector other than those granted on
added sugar (provisionally preserved cherries, peeled tomatoes, sugar-preserved cherries, prepared
hazelnuts, certain orange juices)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2201/96 of 28
October 1996 on the common organisation of the markets in
processed fruit and vegetable products (1), and in particular the
third subparagraph of Article 16(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 1429/95 (2) set imple-
menting rules for export refunds on products processed
from fruit and vegetables other than those granted for
added sugar.

extent necessary to permit

Article 16(1) of Regulation (EC) No 2201/96 states that
to the
exportation of
economically significant quantities export refunds can be
granted on the products listed at Article 1(2)(a) of that
Regulation within the limits ensuing from agreements
concluded in line with Article 300 of the Treaty. Article
18(4) of that Regulation provides that if the refund on
the sugar incorporated in the products listed in Article
1(2)(b)
these
products the refund set in line with Article 17 thereof
shall apply to them.

to allow exportation of

is insufficient

Article 16(2) of Regulation (EC) No 2201/96 requires
that it be ensured that trade flows that have already
arisen as a result of granting of export refunds are not
disturbed. For that reason the 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).

Article 17(2) of Regulation (EC) No 2201/96 requires
that when refunds are set account is taken of the existing
situation and outlook for prices and availability on the
Community market of products processed from fruit and

and for

vegetables
marketing and transport costs and of
aspects of the exportation envisaged.

international

trade prices, of
the economic

(5)

(6)

(7)

(8)

(9)

Article 17(3) of Regulation (EC) No 2201/96 requires
that when prices on the Community market are deter-
mined account
the prices that are most
favourable from the point of view of exportation.

is taken of

The international trade situation or specific requirements
of certain markets may make it necessary to differentiate
the refund on a given product by destination.

Economically significant exports can at present be made
of provisionally preserved cherries, peeled tomatoes,
sugar-preserved cherries, prepared hazelnuts and certain
orange juices.

Export refund rates and quantities should therefore be
set for these products.

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
Export refund rates in the processed fruit and vegetable
sector, periods for lodging and for issuing 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.

(1) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by
Commission Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004,
p. 25).

(2) OJ L 141, 24.6.1995, p. 28. 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 1 May 2004.

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

L 120/24

EN

Official Journal of the European Union

24.4.2004

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 export refunds for the processed fruit and vegetable
sector other than those granted on added sugar (provisionally preserved cherries, peeled tomatoes, sugar-
preserved cherries, prepared hazelnuts, certain orange juices)

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

Licence assignment period: May 2004 to June 2004.

Product code (1)

Destination code (2)

Refund rate
(EUR/t net)

Permitted quantities
(t)

0812 10 00 9100

2002 10 10 9100

2006 00 31 9000
2006 00 99 9100

2008 19 19 9100
2008 19 99 9100

2009 11 99 9110
2009 12 00 9111
2009 19 98 9112

2009 11 99 9150
2009 19 98 9150

F06

F10

F06

A00

A00

A00

50

45

153

59

5

29

4 407

54 157

549

387

625

735

(1) The descriptions corresponding to the product codes are contained in Commission Regulation (EEC) No 3846/87 (OJ L 366,

24.12.1987, p. 1).

(2) The meanings of the A series destination codes are given in Annex II to Regulation (EEC) No 3846/87, as amended.

The meanings of the numerical destination codes are given in Commission Regulation (EEC) No 2081/2003 (OJ L 313, 28.11.2003,
p. 11).
The other destinations are:
F06: All destinations except the countries of North America.
F10: All destinations except the United States of America and Bulgaria.