CELEX: 31997R1998
Language: en
Date: 1997-10-14 00:00:00
Title: COMMISSION REGULATION (EC) No 1998/97 of 14 October 1997 setting export refunds on products processed from fruit and vegetables other than those granted for added sugar

L 282/22               EN                   Official Journal of the European Communities                               15 . 10 . 97
                                         COMMISSION REGULATION (EC) No 1998 /97
                                                          of 14 October 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 Article 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
last amended by Regulation (EC) No 1 007/97 (3), sets
implementing rules for export refunds on products                     Whereas economically significant exports can be made at
processed from fruit and vegetables;                                   the present time of provisionally preserved cherries,
                                                                       peeled tomatoes, preserved cherries, prepared hazelnuts
                                                                       and some orange juices;
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                    Whereas the representative market rates as defined in
referred to in Article 1 ( 1 ) (a) of that Regulation , on the
                                                                       Article 1 of Council Regulation (EEC) No 3813/92 (4), as
basis of prices for those products in international trade,             last amended by Regulation (EC) No 1 50/95 (5), are used
the difference between those prices and prices in the                  to convert amounts in third-country currencies and are
Community may        be covered by export refunds; whereas             the basis for determining the agricultural conversion rates
Article 18 (4) of     Regulation (EC) No 2201 /96 provides             of the Member States' currencies; whereas rules for deter­
 that, if the refund on sugar incorporated into the products           mining and applying these conversion rates were set by
 listed in Article 1  ( 1 ) is insufficient to allow export of the     Commission Regulation (EEC) No 1068 /93 (h), as last
 products, the refund fixed in accordance with Article 17 is            amended by Regulation (EC) No 1482/96 (7);
 to be applicable to those products;
 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 exist­            present and forecast market situation, in particular to
 ing situation and outlook for prices for products processed            prices of products processed from fruit and vegetables in
 from fruit and vegetables on the Community market and                  the Community and in international trade, leads to the
 supply availability, on the one hand, and prices in inter­             refund rates set in the Annex hereto;
 national trade on the other hand; whereas account must
 also be taken of the costs indicated at (b) in that para­
 graph and of the economic aspect of the envisaged
  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 L 387, 31 . 12. 1992, p. 1 .
  (') OJ L 297, 21 . 11 . 1996, p. 29 .                                  (■<) OJ L 22, 31 . 1 . 1995, p. 1 .
  (2) OJ L 141 , 24. 6. 1995, p. 28 .                                    («) OJ L 108 , 1 . 5. 1993, p. 106.
  f) OJ L 145, 5 . 6. 1997, p. 16.                                         7 OJ L 188 , 27. 7. 1996, p. 22.
 ---pagebreak--- 15. 10 . 97         [""EN             Official Journal of the European Communities                                L 282/23
Whereas Commission Regulation (EEC) No 3846/87 ('),             HAS ADOPTED THIS REGULATION :
as last amended by Regulation (EC) No 1490/97 (2), es­
tablishes an agricultural product nomenclature for export                                 Article 1
refunds;
                                                                1.    The export refund rates in the processed fruit and
                                                                vegetables sector shall be those fixed in the Annex hereto.
Whereas Commission Regulation (EEC) No 3719/88 (3),
as last amended by Regulation (EC) No 1404/97 (4), lays         2.     Quantities for which licences are issued in the
down common detailed rules for the application of the           context of food aid, as referred to in Article 14a of Regu­
system of import and export licences and advance fixing         lation (EEC) No 3719/88 shall not count against the
certificates for agricultural products;                         eligible quantities referred to in the first paragraph .
                                                                                          Article 2
Whereas the Management Committee for Products
Processed from Fruit and Vegetables has not delivered an        This Regulation shall enter into force on 24 October
opinion within the time limit set by its chairman,               1997.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                  Done at Brussels, 14 October 1997.
                                                                          For the Commission
                                                                            Franz FISCHLER
                                                                      Member of the Commission
 (') OJ L 366, 24. 12. 198 /, p. 1 .
     OJ L 202, 30 . 7. 1997, p. 24.
 b) OJ L 331 , 2. 12. 1988, p. 1 .
 («) OJ L 194, 23. 7. 1997, p. 5.
 ---pagebreak--- L 282/24                 H EN                       Official Journal of the European Communities                                          15 . 10 . 97
                                                                          ANNEX
                                                                                        Licence issuing period November 1997 to February 1998
                           Product
       (The full definitions of the eligible products          Product      Destination           Period for submission of applications:
    are given in the 'processed fruit and vegetables'            code        code (')          from 24 October 1997 to 23 February 1998
                   sector of Commission
        Regulation (EEC) No 3846/87, as amended)                                               Refund rate                 Quantities provided
                                                                                            ( ECU/tonne net)                    (in tonnes)
Provisionally preserved cherries                           0812 10 00 9100      A                   61                              3 022
Peeled tomatoes                                            2002 10 10 9100       B                  45                            49 349
Preserved cherries                                         2006 00 31 9000      A                  139                                345
                                                           2006 00 99 9100
Prepared hazelnuts                                         2008 19 19 9100       C                  66                                405
                                                           2008 19 99 9100
Orange                  With á sugar content of not        2009 11 99 9110       C                   6                                353
juice                   less than 10° Brix, but less       2009 19 999110
                        than 22° Brix
                        With a sugar content of not        2009 11 99 9150       C                  32                                354
                        less than 55° Brix                 2009 19 99 9150
(') The destination 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 .