Commission Regulation (EC) No 2165/2004 of 17 December 2004 opening an invitation to tender for the allocation of A3 export licences for fruit and vegetables (tomatoes, oranges, lemons and apples)
Date: 2004-12-17
Institutions: European Commission
Subjects: award of contract, citrus fruit, export licence, export refund, fruit vegetable, pip fruit

18.12.2004

EN

Official Journal of the European Union

L 371/3

COMMISSION REGULATION (EC) No 2165/2004

of 17 December 2004

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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)
down the detailed rules of application for
refunds on fruit and vegetables.

lays
export

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.

are

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.
fruit and
reason and because exports of
For
this
quantities
the
vegetables
scheduled for each product should be fixed, based on
the
export
refunds established by Commission Regulation (EEC)
No 3846/87 (3). These quantities must be allocated
the products
taking account of
concerned.

agricultural product nomenclature

the perishability of

in nature,

seasonal

for

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
international market. 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.

international

special
The
requirements of certain markets may call for the refund
on a given product to vary according to its destination.

situation

trade

the

or

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
in view of the structure of Community exports,
it is
appropriate to proceed by an open invitation to tender
the indicative refund amount and the
and to set
scheduled 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 scheduled
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.

Notwithstanding Article 5(6) of Regulation (EC) No
3.
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
Regulation (EC) No 537/2004 (OJ L 86, 24.3.2004, p. 9).
(3) OJ L 366, 24.12.1987, p. 1. Regulation as last amended by
Regulation (EC) No 2180/2003 (OJ L 335, 22.12.2003, p. 1).

Article 2

This Regulation shall enter into force on 10 January 2005.

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

L 371/4

EN

Official Journal of the European Union

18.12.2004

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

Done at Brussels, 17 December 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

18.12.2004

EN

Official Journal of the European Union

L 371/5

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

ANNEX

Tender submission period: 10 to 11 January 2005

Product code (1)

Destination (2)

Indicative refund amount
(EUR/t net)

Scheduled quantity
(t)

0702 00 00 9100

0805 10 20 9100

0805 50 10 9100

F08

A00

A00

0808 10 80 9100

F04, F09

30

29

43

28

3 074

59 194

19 601

15 757

(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 2081/2003 (OJ L 313, 28.11.2003, p. 11). 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,
Tajikistan, 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,
Venezuela, 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).