CELEX: 31986R1704
Language: en
Date: 1986-05-31 00:00:00
Title: Commission Regulation (EEC) No 1704/86 of 30 May 1986 fixing the export refunds on fruit and vegetables

No L 146/78                             Official Journal of the European Communities                                   31 . 5 . 86
                                    COMMISSION REGULATION (EEC) No 1704/86
                                                        of 30 May 1986
                                    fixing the export refunds on fruit and vegetables
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       necessary to vary the refund for a given product according
                                                                  to the destination of that product ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas tomatoes, sweet fresh oranges, fresh lemons,
                                                                  apples and peaches of the common quality standards
                                                                  'Extra' Class, Class I and Class II. 'Extra' Class and Class I
Having regard to the Act of Accession of Spain and                hothouse grapes and open ground grapes, almonds and
Portugal,                                                         hazelnuts, and unshelled walnuts may at present be
                                                                  exported in economically significant quantities ;
Having regard to Council Regulation (EEC) No 1035/72
of 18 May 1972 on the common organization of the
                                                                  Whereas, if the refund system is to operate normally,
market in fruit and vegetables ('), as last amended by
                                                                   refunds should be calculated on the following basis :
Regulation (EEC) No 1351 /86 (2), and in particular Article
30 (4) thereof,
                                                                  — in the case of currencies which are maintained in rela­
Having regard to the opinion of the Monetary Committee,                  tion to each other at any given moment within a band
                                                                         of 2,25 % , a rate of exchange based on their central
                                                                         rate, multiplied by the coefficient provided for in
Whereas Article 30 of Regulation (EEC) No 1035/72                        Article 6 of Regulation (EEC) No 1577/85 (*),
provides that, to the extent necessary to allow econom­            — for other currencies, an exchange rate based on the
ically significant quantities to be exported, the difference             arithmetic mean of the spot market rates of each of
between prices in international trade for the products                   these currencies recorded over a given period in rela­
referred to in that Article and prices for the products                  tion to the Community currencies referred to in the
within the Community may be covered by an export                         previous indent, and the aforesaid coefficient ;
refund ;
                                                                   Whereas it follows from applying these detailed rules to
Whereas Article 2 of Council Regulation (EEC) No
2518/69 of 9 December 1969 laying down general rules
                                                                   the present market situation and to its future trends, and
                                                                   in particular to quotations and prices for fruit and vegeta­
for the granting of refunds on exports of fruit and vegeta­        bles in the Community and in international trade that the
bles and criteria for fixing their amounts (3), as amended         refunds should be as set out in the Annex hereto ;
by Regulation (EEC) No 2455/72 (4), provides that when
refunds are being fixed, account must be taken of the
existing situation and future trends with regard to prices         Whereas the obligations under Article 10 ( 1 ) (b) of
and availabilities of fruit and vegetables on the Commu­            Commission Regulation (EEC) No 2730/79 of 29
nity market on the one hand and prices in international             November 1979 laying down common detailed rules for
trade on the other ; whereas account must also be taken of
                                                                    the application of the system of export refunds on agri­
 the costs indicated in (b) of that Article and of the              cultural products (6), last amended by Regulation (EEC)
 economic aspects of the proposed exports ;                         No 568/85 Q, may be relaxed in the case of exports to
                                                                    non-member countries outside Europe ; whereas, in such
Whereas, pursuant to Article 3 of Regulation (EEC) No               a case, Article 23 ( 1 ) (c) of Regulation (EEC) No 2730/79
 2518/69, when prices on the Community market are                   may be applied ;
 being determined account must be taken of the prices
 which are most favourable from the exportation point of
                                                                    Whereas, for Spain and Portugal, the Act of Accession
 view ; whereas, when prices in international trade are
                                                                    introduce transitional measures by phases and stages
 being determined, the quotations and prices referred to in
                                                                    respectively ; whereas, in particular as regards the arrange­
 paragraph 2 of that Article must be taken into account ;           ments applicable to exports to Spain from the Commu­
                                                                    nity as constituted at 31 December 1985, Article 141
 Whereas the situation with regard to international trade or        provides that, during the first phase, the Community is
 the specific requirements of certain markets may make it           not in principle to grant export refunds ; whereas,
                                                                    pursuant to Article 146, the Kingdom of Spain is to be a
 (') OJ No L 118 , 20 . 5. 1972, p. 1 .
 0 OJ No L 119, 8 . 5. 1986, p. 45.                                  0 OJ No L 164, 24. 6. 1985, p. 6.
 (3) OJ No L 318, 18 . 12. 1969, p. 17.                              («) OJ No L 317, 12. 12. 1979, p. 1 .
 n OI No L 266. 25 . 11 . 1972, d . 7.                               0 OJ No L 65, 6. 3 . 1985, p. 5 .
 ---pagebreak--- 31 . 5. 86                            Official Journal of the European Communities                                   No L 146/79
authorized to maintain, during the first phase, for exports           HAS ADOPTED THIS REGULATION :
to third countries, the arrangements in force before its
accession for such trade, including any export aid or                                            Article 1
subsidies ; whereas Article 275 provides for a special
procedure for the grant of refunds on exports to Portugal             1.    The export refunds on fruit and vegetables shall be
from the Community as constituted at 31 December                      as set out in the Annex hereto.
1985 ; whereas, pursuant to Article 283, the Portugueuse
Republic is to be authorized to maintain, during the first            2. The provisions of Articles 10 ( l)(b) and 23 ( l)(c) of
stage, for exports to third countries, the arrangements in            Regulation (EEC) No 2730/79 shall apply to export of
force before its accession for such trade, including any              sweet oranges, lemons, open ground table grapes, walnuts
export aid or subsidies ; whereas, under those circum­                in shell, shelled hazelnuts and apples as set out in the
stances, refunds for such exports should not be provided              Annex hereto.
for in this Regulation ;
Whereas the relevant management committees have not                                              Article 2
delivered opinions within the time limits set by their
chairmen,                                                             This Regulation shall enter into force on 1 June 1986.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at 30 May 1986.
                                                                                 For the Commission
                                                                                  Frans ANDRIESSEN
                                                                                     Vice-President
                                                             ANNEX
                 to the Commission Regulation of 30 May 1986 fixing the export refunds on fruit and vege­
                                                               tables
                                                                                                        (ECU kg net)
                         CCT
                       heading                                 Description                               Refund (2)
                          No
                 ex 07.01 M        Tomatoes ('Extra' Class, Class I and Class II)                           4,50
                 ex 08.02 A I      Sweet fresh oranges :
                                   For export of varieties Biondo comune and Sanguigno comune
                                   ('Extra' Class, Class I and Class II) to :
                                   — Countries or States with a planned economy in central or
                                        eastern Europe and Yugoslavia                                       8,00
                                   — Other destinations                                                     5,32
                                   For export of other varieties ('Extra' Class, Class I and Class II)
                                   to :
                                   — Countries or States with a planned economy in central or
                                        eastern Europe and Yugoslavia                                      14,50
                                   — Other destinations                                                     9,67
 ---pagebreak--- No L 146/80                          Official Journal of the European Communities                                      31 . 5 . 86
                                                                                                         (ECU kg net)
                    CCT
                   heading                                       Description                               Refund (2)
                     No
            ex 08.02 C            Fresh lemons ('Extra' Class, Class I and Class II)
                                  For export to :
                                  — Countries or States with a planned economy in central or
                                     eastern Europe and Yugoslavia                                         - 12,00
                                  — Other destinations                                                        8,00
            ex 08.04 A I          Table grapes :
                                  — Fresh, open ground ('Extra' Class and Class I)                            4,84
                                  — Fresh, hothouse ('Extra' Class and Class I)                              19,34
            ex 08.05 A II         Shelled almonds, other than bitter almonds                                  9,67
            ex 08.05 B            Unshelled walnuts                                                          14,00
            ex 08.05 G            Unshelled hazelnuts                                                         7,50
            ex 08.05 G            Shelled hazelnuts                                                          14,51
            ex 08.06 A II         Apples ('Extra' Class, Class I and Class II) other than cider
                                  apples :
                                  For export to :
                                  — Botswana, Lesotho, Swaziland, Zambia, Malawi, Mozambique,
                                      Tanzania, Kenya, Rwanda, Burundi, Uganda, Somalia,
                                      Madagascar, Comoros, Mauritius, Sudan, Ethiopia, Jibuti, the
                                      countries of the Arabian peninsula ('), Iran, Iraq and Jordan          12,00
                                  — Countries       and   territories  of    Africa other than   those
                                      mentioned above and South Africa, Syria, countries with a
                                      planned economy in central and eastern Europe, Yugoslavia,
                                      Bolivia, Brazil , Venezuela, Peru, Panama, Ecuador, Colombia,
                                      Iceland, Norway, Sweden, Austria, the Faroe Islands, Finland
                                      and Greenland                                                           4,00
            ex 08.07 B            Peaches (other than nectarines) in categories Extra,I and II :
                                  — originating in Greece :
                                      — for export to countries or States with a planned economy
                                           in central or eastern Europe, Yugoslavia and the countries
                                           of the Arabian peninsula (')                                        5,00
                                      — for export to all other destinations other than Switzerland
                                           and Austria                                                         3,32
                                  — originating in other Member States for export to all destina­
                                      tions other than Switzerland and Austria                                 5,00
             (') For the purpose of this Regulation the 'countries of the Arabian peninsula are considered to be
                 the following, including the territories attached thereto : Saudi Arabia, Bahrain, Qatar, Kuwait, the
                 Sultanate of Oman, United Arab Emirates ' (Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Qawain,
                 Fujairah, Ras Al Khaimah), Yemen Arab Republic (North Yemen) and the People's Democratic
                 Republic of Yemen (South Yemen).
             (2) The refunds fixed in this Regulation shall not apply to exports :
                 — to Spain and Portugal from the Community as constituted at 31 December 1985,
                 — to third countries from Spain and Portugal .