CELEX: 31998R0008
Language: en
Date: 1998-01-06 00:00:00
Title: COMMISSION REGULATION (EC) No 8/98 of 6 January 1998 fixing export refunds on fruit and vegetables

7. 1. 98               EN               Official Journal of the European Communities                                    L 3/5
                                     COMMISSION REGULATION (EC) No 8/98
                                                      of 6 January 1998
                                     fixing export refunds on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas the international trade situation or the special
                                                                   requirements of certain markets may call for the refund
                                                                   on a given product to vary according to its destination;
Having regard to the Treaty establishing the European
Community,
                                                                   Whereas tomatoes, lemons, oranges and apples of classes
Having regard to Council Regulation (EC) No 2200/96 of             Extra, I and II of the common quality standards, table
28 October 1996 on the common organization of the                  grapes of classes Extra and I, shelled almonds, hazelnuts
market in fruit and vegetables (1), as amended by                  and walnuts in shell can currently be exported in
Commission Regulation (EC) No 2520/97 (2), and in                  economically significant quantities;
particular Article 35 (11) thereof,
Whereas Commission Regulation (EC) No 2190/96 (3), as              Whereas the representative market rates as defined in
last amended by Regulation (EC) No 610/97 (4), lays                Article 1 of Council Regulation (EEC) No 3813/92 (5), as
down detailed rules on export refunds on fruit and veget-          last amended by Regulation (EC) No 150/95 (6), are used
ables;                                                             to convert amounts expressed in currencies of third coun-
                                                                   tries and provide the basis for determining the agricul-
                                                                   tural conversion rates for the Member States’ currencies;
                                                                   whereas rules for determining and applying those conver-
Whereas Article 35 (1) of Council Regulation (EC) No               sion rates are laid down in Commission Regulation (EEC)
2200/96, provides that, to the extent necessary for                No 1068/93 (7), as last amended by Regulation (EC) No
economically significant quantities of the products listed         1482/96 (8);
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 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 (4) of Regulation (EC) No 2200/96               international trade, gives the refund rates set out in the
provides that refunds must be fixed in the light of the            Annex hereto;
existing situation or the outlook for fruit and vegetable
prices on the Community market and supplies available
on the one hand, and prices on the international market
on the other hand; whereas account must also be taken of
the costs referred to in Article 26 (4) (b) of that Regula-        Whereas, pursuant to Article 35 (2) of Regulation (EC)
tion and of the economic aspect of the exports planned;            No 2200/96, the resources available should be used as
                                                                   efficiently as possible while avoiding discrimination
                                                                   between traders; whereas, therefore, care should be taken
                                                                   not to disturb the trade flows previously induced by the
Whereas, pursuant to Article 35 (1) of Regulation (EC)             refund arrangements; whereas, for those reasons and
No 2200/96, refunds are to be set with due regard to the           because of the seasonal nature of exports of fruit and
limits resulting from agreements concluded in accord-              vegetables, quotas should be fixed for each product;
ance with Article 228 of the Treaty;
Whereas, in accordance with Article 35 (5) of Regulation           Whereas Commission Regulation (EEC) No 3846/87 (9),
(EC) No 2200/96, prices on the Community market are                as last amended by Regulation (EC) No 2541/97 (10),
to be established in the light of the most favourable              establishes an agricultural product nomenclature for
prices from the export standpoint; whereas international           export refunds;
trade prices are to be established in the light of the prices
referred to in the second subparagraph of that paragraph;
                                                                   (5) OJ L 387, 31. 12. 1992, p. 1.
                                                                   (6) OJ L 22, 31. 1. 1995, p. 1.
( 1) OJ L 297, 21.  11. 1996, p. 1.                                (7) OJ L 108, 1. 5. 1993, p. 106.
( 2) OJ L 346, 17.  12. 1997, p. 41.                               (8) OJ L 188, 27. 7. 1996, p. 22.
( 3) OJ L 292, 15.  11. 1996, p. 12.                               (9) OJ L 366, 24. 12. 1987, p. 1.
( 4) OJ L 93, 8. 4. 1997, p. 16.                                   (10) OJ L 347, 18. 12. 1997, p. 14.
 ---pagebreak--- L 3/6                EN               Official Journal of the European Communities                                  7. 1. 98
Whereas Regulation (EEC) No 3719/88 (1), as last                 Whereas the measures provided for in this Regulation are
amended by Commission Regulation (EC) No 1404/                   in accordance with the opinion of the Management
97 (2), lays down common detailed rules for the applica-         Committee for Products Processed from Fruit and Veget-
tion of the system of import and export licences and             ables,
advance fixing certificates for agricultural products;
                                                                 HAS ADOPTED THIS REGULATION:
Whereas, owing to the market situation, in order to make
the most efficient use of the resources available and given
the structure of Community exports, the most appro-                                       Article 1
priate method should be selected for export refunds on           1. The export refunds on fruit and vegetables shall be
certain products and certain destinations and conse-             as set out in the Annex hereto.
quently refunds under the A1 and A2 licence arrange-
ments referred to in Article 1 of Regulation (EC) No             2. Quantities covered by licences issued for food aid as
2190/96 should not be fixed simultaneously for the               referred to in Article 14a of Regulation (EEC) No 3719/
export period in question;                                       88 shall not count against the eligible quantities covered
                                                                 by paragraph 1.
Whereas the quantities laid down for the various products        3. Without prejudice to the application of Article 4 (5)
should be distributed in accordance with the different           of Regulation (EC) No 2190/96, the term of validity of
systems for the grant of the refund, taking account in           A1 and A2 licences shall be two months.
particular of their perishability;
                                                                                          Article 2
Whereas account should be taken of the definitive rates
under the A2 system fixed for the preceding licence              This Regulation shall enter into force on 13 January
application period;                                              1998.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 6 January 1998.
                                                                            For the Commission
                                                                              Franz FISCHLER
                                                                        Member of the Commission
(1) OJ L 331, 2. 12. 1988, p. 1.
(2) OJ L 194, 23. 7. 1997, p. 5.
 ---pagebreak--- 7. 1. 98                  EN                        Official Journal of the European Communities                                                                      L 3/7
                                                                               ANNEX
                                               EXPORT REFUNDS ON FRUIT AND VEGETABLES
           Product                                               A1                                        A2                                         B
     (Full definitions of                                applications from                         applications from                         applications from
 eligible products are given                            13. 1 to 10. 3. 1998                      14. 1 to 16. 1. 1998                      20. 1 to 17. 3. 1998
         in the ‘Fruit
                                 Product
       and vegetables'
                                   code                                                                Indicative                                Indicative
          section of                         Destination      Refund                   Destination                               Destination
                                                                             Scheduled                   refund        Scheduled                   refund        Scheduled
   Commission Regulation                          or            rate                        or                                        or
                                                                              quantity                     rate         quantity                     rate         quantity
     (EEC) No 3846/87                        destination   (ECU/tonnes                 destination                               destination
                                                                              (tonnes)               (ECU/tonnes        (tonnes)               (ECU/tonnes        (tonnes)
          amended)                            group (1)     net weight)                 group (1)                                 group (1)
                                                                                                      net weight)                               net weight)
Tomatoes                     0702 00 00 9100      F               15                        F               15            2 191       F               15            2 376
Shelled almonds              0802 12 90 9000      F               50             205                                                  F               50               57
Hazelnuts in shell           0802 21 00 9000      F               59              10
Shelled hazelnuts            0802 22 00 9000      F             114              581                                                  F             114               305
Walnuts in shell             0802 31 00 9000      F               73               6
Oranges                      0805 10 10 9100   XYC                40                     XYC                40          50 284     XYC                40          94 605
                             0805 10 30 9100
                             0805 10 50 9100
Lemons                       0805 30 10 9100      F               15                        F               15          18 801        F               15          16 931
                             0805 30 30 9100
Table grapes                 0806 10 10 9100      F               18                        F               18              225
Apples                       0808 10 20 9100      X               27                        X               27            2 706       X               27            3 146
                             0808 10 50 9100
                             0808 10 90 9100
                             0808 10 20 9100      Y                7                        Y                 7           4 553       Y                 7           4 401
                             0808 10 50 9100
                             0808 10 90 9100
                             0808 10 20 9100    ZD                54           1 475
                             0808 10 50 9100
                             0808 10 90 9100
Peaches and nectarines       0809 30 10 9100      E               35
                             0809 30 90 9100
 ---pagebreak--- L 3/8                     EN                               Official Journal of the European Communities                                                              7. 1. 98
(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.