CELEX: 31997R0315
Language: en
Date: 1997-02-20
Title: COMMISSION REGULATION (EC) No 315/97 of 20 February 1997 setting export refunds on products processed from fruit and vegetables other than those granted for added sugar

21 . 2. 97         I EN I                Official Journal of the European Communities                             No L 51 /37
                                          COMMISSION REGULATION (EC) No 315/97
                                                          of 20 February 1997
                     setting export refunds on products processed from fruit and vegetables other
                                                 than those granted for added sugar
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           Whereas Article 17 (3) of Regulation (EC) No 2201 /96
                                                                         states that prices on the Community market are to be
                                                                         determined taking account of those most favourable from
                                                                         the exportation standpoint; whereas international trade
   Having regard to the Treaty establishing the European                 prices are to be determined account taken of the prices
   Community,                                                            indicated in the second subparagraph of that paragraph;
   Having regard to Council Regulation (EC) No 2201 /96 of
   28 October 1996 on the common organization of the                     whereas the international trade situation or the special
   market in products processed from fruit and vegetables ('),          requirements of certain markets may make it necessary to
   and in particular Articles 16 (3),                                   vary the refund on a given product depending on the
                                                                        destination of that product;
  Whereas Commission Regulation (EC) No 1429/95 (2), as
   amended by Regulation (EC) No 341 /96 (3), sets imple­
   menting rules for export refunds on products processed               Whereas economically significant exports can be made at
  from fruit and vegetables;                                            the present time of provisionally preserved cherries,
                                                                        peeled tomatoes, preserved cherries, prepared hazelnuts
                                                                        and orange juice;
  Whereas Article 16 ( 1 ) of Regulation (EC) No 2201 /96
  states that, to the extent necessary to permit exports in
  economically significant quantities of the products
  referred to in Article 1 ( 1 ) (a) of that Regulation, on the        Whereas the representative market rates as defined in
  basis of prices for those products in international trade,           Article 1 of Council Regulation (EEC) No 381 3/92 (4), as
  the difference between those prices and the prices in the            last amended by Regulation (EC) No 1 50/95 (*), are used
  Community may be covered by export refunds; whereas                  to convert amounts in third-country currencies and are
 Article 18 (4) of Regulation (EC) No 2201 /96 provides                the basis for determining the agricultural conversion rates
  that, if the refund on sugar incorporated into the products          of the Member States' currencies; whereas rules for deter­
 listed in Article 1 ( 1 ) is insufficient to allow export of the      mining and applying these conversion rates were set by
 products, the refund fixed in accordance with Article 17 is           Commission Regulation (EEC) No 1068/93 (6), as last
 to be applicable to those products;                                   amended by Regulation (EC) No 1482/96 (7);
 Whereas Article 17 (2) of Regulation (EC) No 2201 /96                 Whereas application of the rules mentioned above to the
 states that refunds must be fixed with regard to the exis­
                                                                       present and forecast market situation, in particular to
 ting situation and outlook for prices for products                    prices of products processed from fruit and vegetables in
 processed from fruit and vegetables on the Community                  the Community and in international trade, leads to the
 market and supply availability, on the one hand, and                  refund rates set in the Annex hereto;
 prices in international trade on the other hand; whereas
 account must also be taken of the costs indicated at (b) in
 that paragraph and of the economic aspect of the envi­
 saged exports;
                                                                      Whereas, pursuant to Article 16 (2) of Regulation (EC) No
                                                                       2201 /96, the most efficient possible use should be made
                                                                      of the resources available without creating discrimination
Whereas refunds are, pursuant to Article 16 ( 1 ) of Regula­          between traders; whereas, therefore, care should be taken
tion (EC) No 2201 /96, to be set with due regard to the               not to disturb the trade flows previously induced by the
limits resulting from agreements concluded in accordance              refund arrangements;
with Article 228 of the Treaty;
                                                                      (4) OJ No L 387, 31 . 12. 1992, p. 1 .
(') OJ No L 297, 21 . 11 . 1996, p. 29.                               Is) OJ No L 22, 31 . 1 . 1995, p. 1 .
(2) OJ No L 141 , 24. 6. 1995, p. 28 .                                (6) OJ No L 108, 1 . 5. 1993, p. 106.
 3 OJ No L 48 , 27. 2. 1996, p. 8 .                                   0 OJ No L 188, 27. 7. 1996, p. 22.
 ---pagebreak---  No L 51 /38      | EN I            Official Journal of the European Communities                                   21 . 2. 97
Whereas the measures provided for in this Regulation are        2.     Quantities for which licences are issued in the
in accordance with the Management Committee for                 context of food aid, as referred to in Article 14a of
Products Processed from Fruit and Vegetables,                   amended Commission Regulation (EEC) No 3719/88 of
                                                                16 November 1988 laying down common detailed rules
                                                                for the application of the system of import and export
HAS ADOPTED THIS REGULATION :                                   licences and advance fixing certificates for agricultural
                                                                products ('), shall not count against the eligible quantities
                                                                referred to in the first paragraph .
                        Article 1
                                                                                          Article 2
1 . The export refund rates and quantities eligible for
refunds in the processed fruit and vegetables sector shall      This Regulation shall enter into force on 24 February
be those fixed in the Annex hereto.                             1997 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 20 February 1997.
                                                                         For the Commission
                                                                            Franz FISCHLER
                                                                     Member of the Commission
                                                             (') OJ No L 331 , 2. 12. 1988 , p. 1 .
 ---pagebreak---   21 . 2. 97                 EN                         Official Journal of the European Communities                                                     No L 51 /39
                                                                                   ANNEX
                                                                                                                 Licence issuing period March to June 1997
                                                                     Product           Destination
                                                                                                                    Period for submission of applications:
                            Product (')                                                                               from 24 February to 23 June 1997
                                                                       code              code (2)
                                                                                                                Refund rate                  Quantities provided
                                                                                                              (ECU/tonne net)                     (in tonnes)
  Provisionally preserved cherries                              0812 10 00 9100            A                         95,0                            3 182
  Peeled tomatoes                                              2002 10 10 9100             B                         70,4                           45 762
 Preserved cherries                                            2006 00 31 9000             A                       215,0                             1 089
                                                               2006 00 99 9100
 Prepared hazelnuts                                            2008 19 19 9100             C                       102,3                               719
                                                               2008 19 99 9100
 Orange                  With a sugar content of not           2009 11 99 9110             C                          9,8                              408
 juice                   less than 10° Brix, but less          2009 19 99 9110
                         than 22° Brix
                        With a sugar content of not            2009 11 99 9120             C                        19,7                                   1
                        less than 22° Brix, but less           2009 19 99 9120
                        than 33° Brix
                        With a sugar content of not            2009 11 99 9130             c                        29,5                                   1
                        less than 33° Brix, but less           2009 19 99 9130
                        than 44° Brix
                        With a sugar content of not            2009 11 99 9140             c                        39,4                                23
                        less than 44° Brix, but less           2009 19 99 9140
                        than 55° Brix
                        With a sugar content of not           2009 11 99 9150              c                        49,3                               365
                        less than 55° Brix                    2009 19 99 9150
(') The full definitions of the eligible products are given in the 'processed fruit and vegetables sector of amended Commission Regulation (EEC) No 3846/87 (OJ No
    L 366, 24. 12. 1987, p. 1 ).
(2) The destinations codes are defined as follows:
    A: All destinations except the countries of North America,
    B: All destinations except the United States of America,
    C: All destinations .