Commission Regulation (EC) No 904/2004 of 29 April 2004 opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges and apples)
Date: 2004-04-29
Institutions: European Commission
Subjects: award of contract, citrus fruit, export licence, export refund, fruit vegetable, pip fruit, quantitative restriction

30.4.2004

EN

Official Journal of the European Union

L 163/43

COMMISSION REGULATION (EC) No 904/2004

of 29 April 2004

opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables
(tomatoes, oranges and apples)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Com-
munity,

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)

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 and outlook for fruit and vegetable prices on
the Community market and supplies available, on the
one hand, and, on the other hand, prices on the interna-
tional market. Account must also be taken of the trans-
port 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 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 proceed by an open invitation to tender
and to set the indicative refund amount and the sched-
uled quantities for the period concerned.

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

1.
An invitation to tender for the allocation of A3 export
licences is hereby opened. The products concerned, the tender
submission period, the indicative refund rates and the sched-
uled quantities are laid down 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.

3.
Notwithstanding Article 5(6) of Regulation (EC) No 1961/
2001, the term of validity of the A3 licences shall be two
months.

(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 10 June 2004.

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

L 163/44

EN

Official Journal of the European Union

30.4.2004

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

Done at Brussels, 29 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX

OPENING AN INVITATION TO TENDER FOR THE ALLOCATION OF A3 EXPORT LICENCES FOR FRUIT
AND VEGETABLES (TOMATOES, ORANGES AND APPLES)

Tender submission period: 10 to 11 June 2004.

Product code (1)

Destination (2)

Indicative refund amount
(EUR/t net)

Scheduled quantity
(t)

0702 00 00 9100

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

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

F08

A00

F09

30

24

27

4 493

6 429

2 244

(1) The product codes are defined in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).
(2) The ‘A’ series destination codes are defined in Annex II to Regulation (EEC) No 3846/87. 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:
F03 All destinations except Switzerland.
F04 Hong Kong, Singapore, Malaysia, Sri Lanka, Indonesia, Thailand, Taiwan, Papua New Guinea, Laos, Cambodia, Vietnam, Japan,

Uruguay, Paraguay, Argentina, Mexico, Costa Rica.

F08 All destinations except Bulgaria.
F09 The following destinations:

— Norway, Iceland, Greenland, Faeroe Islands, Romania, Albania, Bosnia and Herzegovina, Croatia, Former Yugoslav Republic
of Macedonia, Serbia and Montenegro, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Taji-
kistan, Turkmenistan, Uzbekistan, Ukraine, Saudi Arabia, Bahrain, Qatar, Oman, United Arab Emirates (Abu Dhabi, Dubai,
Sharjah, Ajman, Umm al Qalwain, Ras al Khaimah and Fujairah), Kuwait, Yemen, Syria, Iran, Jordan, Bolivia, Brazil, Vene-
zuela, Peru, Panama, Ecuador and Colombia,

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