CELEX: 31998R2260
Language: en
Date: 1998-10-20
Title: Commission Regulation (EC) No 2260/98 of 20 October 1998 setting export refunds on products processed from fruit and vegetables other than those granted for added sugar

L 283/16              EN                  Official Journal of the European Communities                                21. 10. 98
                                     COMMISSION REGULATION (EC) No 2260/98
                                                      of 20 October 1998
                  setting export refunds on products processed from fruit and vegetables other
                                             than those granted for added sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          limits resulting from agreements concluded in accordance
                                                                     with Article 228 of the Treaty;
Having regard to the Treaty establishing the European
Community,                                                           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 Council Regulation (EC) No 2201/96 of               prices are to be determined account taken of the prices
28 October 1996 on the common organization of the                    indicated in the second subparagraph of that paragraph;
market in products processed from fruit and vegetables (1),
as amended by Regulation (EC) No 2199/97 (2), and in
particular Article 16 (3),
                                                                     Whereas the international trade situation or the special
                                                                     requirements of certain markets may make it necessary to
                                                                     vary the refund on a given product depending on the
Whereas Commission Regulation (EC) No 1429/95 (3), as                destination of that product;
last amended by Regulation (EC) No 1007/97 (4), sets
implementing rules for export refunds on products
processed from fruit and vegetables;
                                                                     Whereas economically significant exports can be made at
                                                                     the present time of provisionally preserved cherries,
                                                                     peeled tomatoes, preserved cherries, prepared hazelnuts
Whereas Article 16 (1) of Regulation (EC) No 2201/96                 and some orange juices;
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 3813/92 (5), as
the difference between those prices and prices in the                last amended by Regulation (EC) No 150/95 (6), 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 (7), as last
to be applicable to those products;                                  amended by Regulation (EC) No 961/98 (8);
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                 present and forecast market situation, in particular to
existing 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 envis-
aged 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
                                                                     between traders; whereas, therefore, care should be taken
Whereas refunds are, pursuant to Article 16 (1) of Regula-           not to disturb the trade flows previously induced by the
tion (EC) No 2201/96, to be set with due regard to the               refund arrangements;
(1)  OJ L 297, 21. 11. 1996, p. 29.                                  (5) OJ L 387, 31. 12. 1992, p. 1.
( 2) OJ L 303, 6. 11. 1997, p. 1.                                    (6) OJ L 22, 31. 1. 1995, p. 1.
( 3) OJ L 141, 24. 6. 1995, p. 28.                                   (7) OJ L 108, 1. 5. 1993, p. 106.
( 4) OJ L 145, 5. 6. 1997, p. 16.                                    (8) OJ L 135, 8. 5. 1998, p. 5.
 ---pagebreak--- 21. 10. 98            EN                Official Journal of the European Communities                                  L 283/17
Whereas Commission Regulation (EEC) No 3846/87 (1),                HAS ADOPTED THIS REGULATION:
as last amended by Regulation (EC) No 2138/98 (2), estab-
lishes an agricultural product nomenclature for export                                      Article 1
refunds;
                                                                   1. The export refund rates in the processed fruit and
Whereas Commission Regulation (EEC) No 3719/88 ( ),        3       vegetables sector shall be those fixed in the Annex hereto.
as last amended by Regulation (EC) No 1044/98 (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.
Whereas the measures provided for in this Regulation are                                    Article 2
in accordance with the opinion of the Management
Committee for Products Processed from Fruit and Veget-             This Regulation shall enter into force on 23 October
ables,                                                             1998.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 20 October 1998.
                                                                             For the Commission
                                                                                Franz FISCHLER
                                                                          Member of the Commission
(1) OJ L  366, 24. 12. 1987, p. 1.
(2) OJ L  270, 7. 10. 1998, p. 4.
(3) OJ L  331, 2. 12. 1988, p. 1.
(4) OJ L  149, 20. 5. 1998, p. 11.
 ---pagebreak--- L 283/18                    EN                           Official Journal of the European Communities                                             21. 10. 98
                                                                             ANNEX
                                                                                             Licence issuing period November 1998 to February 1999
                            Product
         (The full definitions of the eligible products                                                Period for submission of applications:
                                                                                Destination
       are given in the ‘processed fruit and vegetables'        Product code                       from 23 October 1998 to 19 February 1999
                                                                                  code (1)
                    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                  55                                3 358
Peeled tomatoes                                               2002 10 10 9100        B                 50                               50 000
Preserved cherries                                            2006 00 31 9000       A                170                                    345
                                                              2006 00 99 9100
Prepared hazelnuts                                            2008 19 19 9100       C                  66                                   405
                                                              2008 19 99 9100
Orange juice              With a sugar content of not         2009 11 99 9110       C                   6                                   353
                          less than 10° Brix, but less        2009 19 99 9110
                          than 22° Brix
                          With a sugar content of not         2009 11 99 9150       C                  32                                   354
                          less than 55° Brix                  2009 19 99 9150
(1) 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.