CELEX: 31998R2776
Language: en
Date: 1998-12-21 00:00:00
Title: Commission Regulation (EC) No 2776/98 of 21 December 1998 fixing export refunds on fruit and vegetables

L 346/44              EN                Official Journal of the European Communities                                22. 12. 98
                                    COMMISSION REGULATION (EC) No 2776/98
                                                   of 21 December 1998
                                     fixing export refunds on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        from the export standpoint; whereas international trade
                                                                   prices are to be established in the light of the prices
                                                                   referred to in the second subparagraph of that paragraph;
Having regard to the Treaty establishing the European
Community,
                                                                   Whereas the international trade situation or the special
                                                                   requirements of certain markets may call for the refund
Having regard to Council Regulation (EC) No 2200/96 of             on a given product to vary according to its destination;
28 October 1996 on the common organisation of the
market in fruit and vegetables (1), as amended by
Commission Regulation (EC) No 2520/97 (2), and in
particular Article 35(11) thereof,                                 Whereas tomatoes, lemons, oranges and apples of classes
                                                                   Extra, I and II of the common quality standards, shelled
                                                                   almonds, hazelnuts and walnuts in shell can currently be
                                                                   exported in economically significant quantities;
Whereas Commission Regulation (EC) No 2190/96 (3), as
last amended by Regulation (EC) No 1287/98 (4), lays
down detailed rules on export refunds on fruit and veget-
ables;
                                                                   Whereas the application of the abovementioned rules to
                                                                   the present and forecast market situation, and in partic-
                                                                   ular to fruit and vegetable prices in the Community and
Whereas Article 35(1) of Regulation (EC) No 2200/96,               international trade, gives the refund rates set out in the
provides that, to the extent necessary for economically            Annex hereto;
significant quantities of the products listed in that Article
to be exported, the difference between the international
market prices for those products and their prices in the
Community may be covered by export refunds;
                                                                   Whereas, pursuant to Article 35(2) of Regulation (EC) No
                                                                   2200/96, the resources available should be used as effi-
                                                                   ciently as possible while avoiding discrimination between
Whereas Article 35(4) of Regulation (EC) No 2200/96                traders; whereas, therefore, care should be taken not to
provides that refunds must be fixed in the light of the            disturb the trade flows previously induced by the refund
existing situation or the outlook for fruit and vegetable          arrangements; whereas, for those reasons and because of
prices on the Community market and supplies available              the seasonal nature of exports of fruit and vegetables,
on the one hand, and prices on the international market            quotas should be fixed for each product;
on the other hand; whereas account must also be taken of
the costs referred to in Article 35(4)(b) of that Regulation
and of the economic aspect of the exports planned;
                                                                   Whereas Commission Regulation (EEC) No 3846/87 (5),
                                                                   as last amended by Regulation (EC) No 2580/98 (6), estab-
                                                                   lishes an agricultural product nomenclature for export
Whereas, pursuant to Article 35(1) of Regulation (EC) No           refunds;
2200/96, refunds are to be set with due regard to the
limits resulting from agreements concluded in accordance
with Article 228 of the Treaty;
                                                                   Whereas Commission Regulation (EEC) No 3719/88 (7),
                                                                   as last amended by Regulation (EC) No 1044/98 (8), lays
Whereas, in accordance with Article 35(5) of Regulation            down common detailed rules for the application of the
(EC) No 2200/96, prices on the Community market are to             system of import and export licences and advance fixing
be established in the light of the most favourable prices          certificates for agricultural products;
(1)  OJ L 297, 21. 11. 1996, p. 1.                                 (5) OJ L  366, 24. 12. 1987, p. 1.
( 2) OJ L 346, 17. 12. 1997, p. 41.                                (6) OJ L  322, 1. 12. 1998, p. 31.
( 3) OJ L 292, 15. 11. 1996, p. 12.                                (7) OJ L  331, 2. 12. 1988, p. 1.
( 4) OJ L 178, 23. 6. 1998, p. 11.                                 (8) OJ L  149, 20. 5. 1998, p. 11.
 ---pagebreak--- 22. 12. 98           EN                Official Journal of the European Communities                                 L 346/45
Whereas, owing to the market situation, in order to make          the denomination ‘euro' should be used in this Regula-
the most efficient use of the resources available and given       tion since it is to apply from 8 January 1999;
the structure of Community exports, the most appropriate
method should be selected for export refunds on certain           Whereas the measures provided for in this Regulation are
products and certain destinations and consequently                in accordance with the opinion of the Management
refunds under the A1 and A2 licence arrangements                  Committee for Fruit and Vegetables,
referred to in Article 1 of Regulation (EC) No 2190/96
should not be fixed simultaneously for the export period          HAS ADOPTED THIS REGULATION:
in question;
                                                                                            Article 1
Whereas the quantities laid down for the various products
should be distributed in accordance with the different            1. The export refunds on fruit and vegetables shall be
systems for the grant of the refund, taking account in            as set out in the Annex hereto.
particular of their perishability;
                                                                  2. Quantities covered by licences issued for food aid as
Whereas account should be taken of the definitive rates           referred to in Article 14a of Regulation (EEC) No 3719/88
under the A2 system fixed for the preceding licence               shall not count against the eligible quantities covered by
application period;                                               paragraph 1.
                                                                  3. Without prejudice to the application of Article 4(5)
Whereas Article 2 of Council Regulation (EEC) No 1103/            of Regulation (EC) No 2190/96, the term of validity of A1
97 of 17 June 1997 on certain provisions relating to the          and A2 licences shall be two months.
introduction of the euro (1) provides that, as from 1
January 1999, all references to the ecu in legal instru-                                    Article 2
ments are to be replaced by references to the euro at the
rate of EUR 1 to ECU 1; whereas, for the sake of clarity,         This Regulation shall enter into force on 8 January 1999.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 21 December 1998.
                                                                             For the Commission
                                                                                Franz FISCHLER
                                                                         Member of the Commission
(1) OJ L 162, 19. 6. 1997, p. 1.
 ---pagebreak--- L 346/46                     EN                            Official Journal of the European Communities                                                                22. 12. 98
                                                                                     ANNEX
                                                     EXPORT REFUNDS ON FRUIT AND VEGETABLES
                                                                                                                          System
              Product                                                                                               Application periods
        (full definitions of
   eligible products are given                                                           A1                                 A2                                 B
                                                       Destination
            in the ‘Fruit                                                        8. 1 to 9. 3. 1999                  11 to 13. 1. 1999                15. 1 to 16. 3. 1999
                                      Product               or
          and vegetables'
                                       code            destination
              sector of                                                                                       Indicative                        Indicative
                                                         group (1)          Refund
    Commission Regulation                                                                      Scheduled        refund            Scheduled       refund            Scheduled
       (EEC) No 3846/87                                                       rate
                                                                                                quantity          rate             quantity         rate              quantity
             amended)                                                    (EUR/tonnes
                                                                                                (tonnes)    (EUR/tonnes            (tonnes)   (EUR/tonnes             (tonnes)
                                                                          net weight)
                                                                                                             net weight)                       net weight)
Tomatoes                        0702 00 00 9100             F                  20                                  20                2 815           20                  4 432
Shelled almonds                 0802 12 90 9000             F                  50                  285                                               50                    237
Hazelnuts in shell              0802 21 00 9000             F                  59                   12                                               59                      0
Shelled hazelnuts               0802 22 00 9000             F                 114                1 107                                             114                   1 428
Walnuts in shell                0802 31 00 9000             F                  73                   36
Oranges                         0805 10 10 9100           XYC                  50                                  50              49 635            50              103 514
                                0805 10 30 9100
                                0805 10 50 9100
Lemons                          0805 30 10 9100             F                  35                                  35              18 539            35                17 548
Apples                          0808 10 20 9100            XY                  40                                  40                8 387           40                  7 370
                                0808 10 50 9100
                                0808 10 90 9100
                                0808 10 20 9100            ZD                  54                3 050                                               54                  3 136
                                0808 10 50 9100
                                0808 10 90 9100
(1) The destination codes are defined as follows:
    X: Norway, Iceland, Greenland, Faeroes, Poland, Hungary, Romania, Bulgaria, Albania, Estonia, Latvia, Lithuania, Bosnia-Herzegovina, Croatia, Slovenia, Former Yugoslav
         Republic of Macedonia, Federal Republic of Yugoslavia (Serbia and Montenegro), Malta.
    Y: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan, Ukraine, destinations referred to in Article 34 of
         Commission Regulation (EEC) No 3665/87, as amended.
    Z: African countries and territories except South Africa, countries of the Arabian Peninsula (Saudi Arabia, Bahrain, Qatar, Oman, United Arab Emirates (Abu Dhabi, Dubai,
         Sharjah, Ajman, Umm al Qaiwain, Ras al Khaimah, Fujairah), Kuwait, Yemen), Syria, Iran, Jordan, Bolivia, Brazil, Venezuela, Peru, Panama, Ecuador, Colombia.
    C: Switzerland, Czech Republic, Slovakia.
    D: Hong Kong SAR, Singapore, Malaysia, Indonesia, Thailand, Taiwan, Papua New Guinea, Laos, Cambodia, Vietnam, Uruguay, Paraguay, Argentina, Mexico, Costa Rica.
    E: All destinations except Switzerland.
    F: All destinations.