CELEX: 31998R0983
Language: en
Date: 1998-05-08 00:00:00
Title: Commission Regulation (EC) No 983/98 of 8 May 1998 fixing export refunds on fruit and vegetables

L 137/12              EN                Official Journal of the European Communities                                  9. 5. 98
                                    COMMISSION REGULATION (EC) No 983/98
                                                       of 8 May 1998
                                     fixing export refunds on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        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
                                                                   on a given product to vary according to its destination;
Having regard to Council Regulation (EC) No 2200/96 of
28 October 1996 on the common organisation of the
                                                                   Whereas tomatoes, lemons, oranges, apples and peaches
market in fruit and vegetables (1), as amended by
                                                                   and nectarines of classes Extra, I and II of the common
Commission Regulation (EC) No 2520/97 (2), and in
                                                                   quality standards, shelled almonds, hazelnuts and walnuts
particular Article 35(11) thereof,
                                                                   in shell can currently be exported in economically signifi-
                                                                   cant quantities;
Whereas Commission Regulation (EC) No 2190/96 (3), as
last amended by Regulation (EC) No 213/98 (4), lays down           Whereas the representative market rates as defined in
detailed rules on export refunds on fruit and vegetables;          Article 1 of Council Regulation (EEC) No 3813/92 (5), as
                                                                   last amended by Regulation (EC) No 150/95 (6), are used
                                                                   to convert amounts expressed in currencies of third coun-
                                                                   tries and provide the basis for determining the agricul-
Whereas Article 35(1) of Council Regulation (EC) No                tural conversion rates for the Member States’ currencies;
2200/96, provides that, to the extent necessary for                whereas rules for determining and applying those conver-
economically significant quantities of the products listed         sion rates are laid down in Commission Regulation (EEC)
in that Article to be exported, the difference between the         No 1068/93 (7), as last amended by Regulation (EC) No
international market prices for those products and their           1482/96 (8);
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-
Whereas Article 35(4) of Regulation (EC) No 2200/96                ular to fruit and vegetable prices in the Community and
provides that refunds must be fixed in the light of the            international trade, gives the refund rates set out in the
existing situation or the outlook for fruit and vegetable          Annex hereto;
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 35(4)(b) of that Regulation       Whereas, pursuant to Article 35(2) of Regulation (EC) No
and of the economic aspect of the exports planned;                 2200/96, the resources available should be used as effi-
                                                                   ciently as possible while avoiding discrimination between
                                                                   traders; whereas, therefore, care should be taken not to
                                                                   disturb the trade flows previously induced by the refund
Whereas, pursuant to Article 35(1) of Regulation (EC) No           arrangements; whereas, for those reasons and because of
2200/96, refunds are to be set with due regard to the              the seasonal nature of exports of fruit and vegetables,
limits resulting from agreements concluded in accordance           quotas should be fixed for each product;
with Article 228 of the Treaty;
                                                                   Whereas Commission Regulation (EEC) No 3846/87 (9),
                                                                   as last amended by Regulation (EC) No 707/98 (10), estab-
Whereas, in accordance with Article 35(5) of Regulation            lishes an agricultural product nomenclature for export
(EC) No 2200/96, prices on the Community market are to             refunds;
be established in the light of the most favourable prices
from the export standpoint; whereas international trade
                                                                   (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 22, 29. 1. 1998, p. 8.                                   (10) OJ L 98, 31. 3. 1998, p. 11.
 ---pagebreak--- 9. 5. 98             EN                 Official Journal of the European Communities                                 L 137/13
Whereas Commission Regulation (EEC) No 3719/88 (1),                Whereas the measures provided for in this Regulation are
as last amended by Regulation (EC) No 1404/97 (2), lays            in accordance with the opinion of the Management
down common detailed rules for the application of the              Committee for Products Processed from Fruit and Veget-
system of import and export licences and advance fixing            ables,
certificates for agricultural products;
Whereas, owing to the market situation, in order to make           HAS ADOPTED THIS REGULATION:
the most efficient use of the resources available and given
the structure of Community exports, the most appropriate                                     Article 1
method should be selected for export refunds on certain
products and certain destinations and consequently                 1. The export refunds on fruit and vegetables shall be
refunds under the A1 and A2 licence arrangements                   as set out in the Annex hereto.
referred to in Article 1 of Regulation (EC) No 2190/96             2. Quantities covered by licences issued for food aid as
should not be fixed simultaneously for the export period           referred to in Article 14a of Regulation (EEC) No 3719/88
in question;                                                       shall not count against the eligible quantities covered by
                                                                   paragraph 1.
Whereas the quantities laid down for the various products
should be distributed in accordance with the different             3. Without prejudice to the application of Article 4 (5)
systems for the grant of the refund, taking account in             of Regulation (EC) No 2190/96, the term of validity of A1
particular of their perishability;                                 and A2 licences shall be two months.
Whereas account should be taken of the definitive rates                                      Article 2
under the A2 system fixed for the preceding licence
application period;                                                This Regulation shall enter into force on 13 May 1998.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 8 May 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--- L 137/14                  EN                        Official Journal of the European Communities                                                                 9. 5. 98
                                                                               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. 5 to 23. 6. 1998                       13 to 14. 5. 1998                      20. 5 to 30. 6. 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               17                        F               17          7 865       F               17          13 107
Shelled almonds              0802 12 90 9000      F               50             377                                                F               50              234
Hazelnuts in shell           0802 21 00 9000      F               59              21                                                F               59               11
Shelled hazelnuts            0802 22 00 9000      F             114              594                                                F             114               601
Walnuts in shell             0802 31 00 9000      F               73               8
Oranges                      0805 10 10 9100   XYC                35                     XYC                35        12 000     XYC                35          24 000
                             0805 10 30 9100
                             0805 10 50 9100
Lemons                       0805 30 10 9100      F               36                        F               36        10 089        F               36            6 514
Table grapes                 0806 10 10 9100
Apples                       0808 10 20 9100      X               25                        X               25          3 000       X               25            3 000
                             0808 10 50 9100
                             0808 10 90 9100
                             0808 10 20 9100      Y                6                        Y                 6         4 000
                             0808 10 50 9100
                             0808 10 90 9100
                             0808 10 20 9100
                             0808 10 50 9100
                             0808 10 90 9100
Peaches and nectarines       0809 30 10 9100      E               28                        E               28            521       E               28            1 043
                             0809 30 90 9100
 ---pagebreak--- 9. 5. 98                 EN                              Official Journal of the European Communities                                                              L 137/15
(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.
    C: Switzerland, Czech Republic, Slovakia.
    E: All destinations except Switzerland.
    F: All destinations.